Do all minor children have to enter together on F41 visa?

[casiperuano 11]

question for a friend here.

 

my friend received a F41 visa along with her 2 children.  one of her children she is having difficulty getting custodial permission to take the child from her home country from the child's father who is completely absent and unable to be located.  

 

can she enter with the one who is free and clear (he's already 18 so he doesn't need fathers permission) and then return to home country to get younger sons permission?

[SusieQQQ 11,586]

Do you mean F4 visa?

 

Yes she can do that, derivatives need to enter with or after the principal beneficiary, but each person has to enter before the expiry date on their visa. She needs to be very cognizant of that date. If the younger child misses that he will not be able to enter, and she will need to start a new petition for him this time as child of an LPR (her) which can take a couple of years. 

[Jeanne Adil 1,651]

sorry to say but this should have been addressed before interview 

she needs to travel soon  as visa expires 6  months after medical exam

she will have to find family to leave younger child (or not come at this time)

i hope family is able to help her in Peru in the courts to gain full custody (if she is in the US) but it could look as if she also abondoned the child

sticky situation

[casiperuano 11]

yes, unfortunately,  it has been a difficult situation for her.  I know she is still trying to get legal authority to take her son, but it seems Peru doesn't want to let the fact that the biological father has provided no monetary support or presence in the child's life let her take full legal custody.  she's still trying to get that.

 

thanks for the information.