Children

[R&OC 371]

Dear community,

 

my fiancé and I discussing various visa possibilities. They range from "going to the US" to "him staying in Germany with me" post retirement. He is an active duty military member and born and raised in an active duty military family. He strongly disliked being taken out of school almost every year as a kid. As we both have two children each and mine do not want to enter a military life style, they opted to stay with their father in case my fiancé and I relocate to the US together. We extensively discussed it with everyone involved and this is the current status. I, as a mother, am not entirely happy about this but I have always travelled extensively for work and am okay to keep it up for a few more years if that's making everyone happy.

 

Not knowing what is to come after retirement from the military, we are reluctant to pressure the kids in moving to the US as there is a possibility that we may end up returning to Germany.

 

How does the immigration process functions if we opt to leave my kids with their biological dad and their grandparents? Bear in mind, we have a house close to the biological father's place and will keep it to maintain visitation. Also, the arrangement with the dad is that my kids would spend their vacations with me. Financially speaking, we are capable of doing it.

 

Will this be seen as a negative? Do the kids need to file for a visa as well although we will not relocate them until we know more about where my fiancé is heading with his post-retirement career?

 

Or would you advise to file together with the CR-1 and then just not have the kids relocate?

 

Your help is greatly appreciated.

[A'n'L 735]

Immigration doesn't care whether the children are left in the home country or come with. It's a personal decision. 

[Ray&Ash 271]

49 minutes ago, R&OC said:

Dear community,

 

my fiancé and I discussing various visa possibilities. They range from "going to the US" to "him staying in Germany with me" post retirement. He is an active duty military member and born and raised in an active duty military family. He strongly disliked being taken out of school almost every year as a kid. As we both have two children each and mine do not want to enter a military life style, they opted to stay with their father in case my fiancé and I relocate to the US together. We extensively discussed it with everyone involved and this is the current status. I, as a mother, am not entirely happy about this but I have always travelled extensively for work and am okay to keep it up for a few more years if that's making everyone happy.

 

Not knowing what is to come after retirement from the military, we are reluctant to pressure the kids in moving to the US as there is a possibility that we may end up returning to Germany.

 

How does the immigration process functions if we opt to leave my kids with their biological dad and their grandparents? Bear in mind, we have a house close to the biological father's place and will keep it to maintain visitation. Also, the arrangement with the dad is that my kids would spend their vacations with me. Financially speaking, we are capable of doing it.

 

Will this be seen as a negative? Do the kids need to file for a visa as well although we will not relocate them until we know more about where my fiancé is heading with his post-retirement career?

 

Or would you advise to file together with the CR-1 and then just not have the kids relocate?

 

Your help is greatly appreciated.

Decision to bring kids along is personal and consulates do not care about that. 

All you have to decide is if you want a fiance visa or a spouse visa. Fiance visa(K1) has a slightly lesser waiting time and lets you be with your fiance sooner in USA and get married there. With Spouse visa, you need to wait a little longer in your home country but you'll have your green card directly when you enter USA. 

So its entirely upto you how you want your kids to be. Just be prepared to answer questions about your and his kids during consulate interviews.

All the best.

[Jojo92122 1,924]

The US Embassy does not care if the children immigrate with you or not.  As another poster has pointed out, this is a family decision.

 

If the children are under age 18 when you married, they can easily immigrate to the US through their USC stepfather in about a year.  After age 21, it would take 7+ years.