Unforeseen MAJOR problem

[AussieAmerican 0]

Well, what can I say - life is really stressful right now. We were all set to DCF wife and 2 stepchildren in March. Now father (ex) of 1 child has decided to seek sole custody of the child in order to keep him from being sentenced to jail on major drug crimes. I realise he is delusional (hence why he is an ex!) but now the SOB is stalling the matter in the court system and we will probably not have passports or medical for this child by the time the interview date comes up. He had originally given his permission, which is why we sent off the DS-2001 thinking we would have all needed documents in time. USC has taken all his leave in order to fly in and DCF us all, but now this has left us LOST What do we do? Should he lodge all three I-130's, and immigrate 2/3 of us. Granted we may need another interview date to finish this off, but I was wondering if there was the K3/K4 visa option at the Sydney consulate(directly) in order to get the so far unpermitted child into the country at a later date? It seems like a waste of money getting her a full immigrant visa if she will not be able to stay I'm sure someone less emotional than myself right now can think of a solution, so please please please what would you do? My husband and I have already been apart over 7 months thanks to the military and this is just not fair, I guess we are asking for someone to offer us some hope in this very unfortunate situation. HELP!

[meauxna 15]

Well, what can I say - life is really stressful right now. We were all set to DCF wife and 2 stepchildren in March. Now father (ex) of 1 child has decided to seek sole custody of the child in order to keep him from being sentenced to jail on major drug crimes. I realise he is delusional (hence why he is an ex!) but now the SOB is stalling the matter in the court system and we will probably not have passports or medical for this child by the time the interview date comes up. He had originally given his permission, which is why we sent off the DS-2001 thinking we would have all needed documents in time. USC has taken all his leave in order to fly in and DCF us all, but now this has left us LOST What do we do? Should he lodge all three I-130's, and immigrate 2/3 of us. Granted we may need another interview date to finish this off, but I was wondering if there was the K3/K4 visa option at the Sydney consulate(directly) in order to get the so far unpermitted child into the country at a later date? It seems like a waste of money getting her a full immigrant visa if she will not be able to stay I'm sure someone less emotional than myself right now can think of a solution, so please please please what would you do? My husband and I have already been apart over 7 months thanks to the military and this is just not fair, I guess we are asking for someone to offer us some hope in this very unfortunate situation. HELP!

Well. *There's* a dilema.

My gut feeling would be to go ahead as planned and explain the situation to the ConOff. Get her medical and everything that you can up to date and ready and prepare a packet of evidence specific to her situation. Stay in communication with the ConOff and ask about options for your child; the visa can be issued later when you are able to supply the missing paper.

Now, about actually leaving, I don't know what to say about that. Your issued visas will be valid for 6 months (before you are required to enter the US).

There is no non-immigrant option attached to the I-130 process (like a K-4) but as I said, it's possible the IV could be issued at a later date.

Any guess on a timeline of 'how long' the custody issue could be dragged out?

[AussieAmerican 0]

Well, what can I say - life is really stressful right now. We were all set to DCF wife and 2 stepchildren in March. Now father (ex) of 1 child has decided to seek sole custody of the child in order to keep him from being sentenced to jail on major drug crimes. I realise he is delusional (hence why he is an ex!) but now the SOB is stalling the matter in the court system and we will probably not have passports or medical for this child by the time the interview date comes up. He had originally given his permission, which is why we sent off the DS-2001 thinking we would have all needed documents in time. USC has taken all his leave in order to fly in and DCF us all, but now this has left us LOST What do we do? Should he lodge all three I-130's, and immigrate 2/3 of us. Granted we may need another interview date to finish this off, but I was wondering if there was the K3/K4 visa option at the Sydney consulate(directly) in order to get the so far unpermitted child into the country at a later date? It seems like a waste of money getting her a full immigrant visa if she will not be able to stay I'm sure someone less emotional than myself right now can think of a solution, so please please please what would you do? My husband and I have already been apart over 7 months thanks to the military and this is just not fair, I guess we are asking for someone to offer us some hope in this very unfortunate situation. HELP!

Well. *There's* a dilema.

My gut feeling would be to go ahead as planned and explain the situation to the ConOff. Get her medical and everything that you can up to date and ready and prepare a packet of evidence specific to her situation. Stay in communication with the ConOff and ask about options for your child; the visa can be issued later when you are able to supply the missing paper.

Now, about actually leaving, I don't know what to say about that. Your issued visas will be valid for 6 months (before you are required to enter the US).

There is no non-immigrant option attached to the I-130 process (like a K-4) but as I said, it's possible the IV could be issued at a later date.

Any guess on a timeline of 'how long' the custody issue could be dragged out?

Yeah mate, we needed a dilema like we needed a hole in our heads. URGGGH. I did ask about possible timelines and we're lucky that our case has been listed as EXPEDITE, but in the family court that still isnt fast, maybe 3-5 more months, so within the timeline youre suggesting. Most cases take years through that system. Problem is, my daughters passport is not issued because of this ex, and you cannot get a medical done without it. I've got court tomorrow and am going to beg the judge to issue it, but that's still up in the air. Pray people pray!

Thanks meauxana for clarifying my thinking - I owe you a beer!

[TracyTN 237]

I hope you can get it sorted out soon.

[AussieAmerican 0]

Oh geeeeez, the saga continues to get worse Now there's 2 cases going to trial and we are stuck apart for even longer. It kills me that men who have never been there for or provided for their child, can have the power to keep me from living with my husband. This is just crazy mate. I'm not bashing all men, just such ones that are vindictive for the fun of it. There is now no contest to the custody, I have that...its an argument of temporary relocation. It sucks we have to now deal with this stress on top of all the immigration stuff. Good thing I have real love in my life or I would be rather nutso by now! All this and representing myself in court (no legal aid has been granted yet), I need a break!

Meauxna -- I am considering emailing the consulate beforehand but I've got to have my interview anyway so I figure we'll all just go and explain it when we get there. Or would that be considered rude? Hmmmm

[meauxna 15]

Meauxna -- I am considering emailing the consulate beforehand but I've got to have my interview anyway so I figure we'll all just go and explain it when we get there. Or would that be considered rude? Hmmmm

Oy!

I don't think 'rude' factors in too much I would appear for the interview as if all were a 'go' with as much documentation as you've got and explain the situation. The CO is the only one who can give you a definative answer; all you can do is be as prepared as possible to help him/her help you.

I'm sure the judge in your case will be interested to hear about these tactics and have something to say to your ex about it.