Change of Status

[SusieQQQ 11,587]

2 hours ago, Dub.Andrew said:

They are currently in America.  I have a feeling they will need to leave to do this but we are looking for options to do it while staying together.  

Someone correct me if I’m wrong, but if they are already in the US then OP should be able to file now for them as stepchildren under the IR category (without them having to leave). That’s not the same as intending to bring them in at a future date with the intention to change status. 

Edited April 30, 2019 by SusieQQQ

[Amadia 711]

I can tell you from my own experience that the biological dad needs to provide written consent. It would be a huge disappointment if you go thru all the paperwork, filing and fees only to discover that he does not officially consent in writing to have his flesh and blood move to the United States to be with their mom.

Get written consent, have it notarized (other countries refer to notaries as Justice of the Peace) and include it in your paperwork when filing the application for the kids.  

[nastra30 2,359]

4 hours ago, SusieQQQ said:

Someone correct me if I’m wrong, but if they are already in the US then OP should be able to file now for them as stepchildren under the IR category (without them having to leave). That’s not the same as intending to bring them in at a future date with the intention to change status. 

I agree. I don't think there was a prior intent to skirt the system by OP (my presumption). If they were already here before the thought came up then he should be able to file I-130 for them. I think OP will need official consent from father to proceed nonetheless.

Edited April 30, 2019 by nastra30

[Going through 5,671]

6 hours ago, SusieQQQ said:

Someone correct me if I’m wrong, but if they are already in the US then OP should be able to file now for them as stepchildren under the IR category (without them having to leave). That’s not the same as intending to bring them in at a future date with the intention to change status. 

I thought of this too.

 

The part that makes me think differently, though, is because they are minors---and due to the fact that the other parent lives in the childrens' home country (and presumably has legal/joint custody of them now since they are in the US on a B2 visa).   I would *think* to help prevent child trafficking/parental abduction issues minor children that are not in the sole custody of the parent/stepparent petitioning them would have to return to their home country---or what's to prevent divorcees from bringing their kids for a "visit" and then successfully filing for them and they are never physically return back to the custodial parent/never gone through the home country's court process for permission/consent via court order beforehand?  

 

***OP, I'm not saying that YOU or YOUR SPOUSE committed parental abduction...I'm wondering if is an issue regarding whether they can remain in the US to wait out processing or not without prior consent from the US father to immigrate before landing on US soil****

Edited April 30, 2019 by Going through

[SusieQQQ 11,587]

2 hours ago, Going through said:

I thought of this too.

 

The part that makes me think differently, though, is because they are minors---and due to the fact that the other parent lives in the childrens' home country (and presumably has legal/joint custody of them now since they are in the US on a B2 visa).   I would *think* to help prevent child trafficking/parental abduction issues minor children that are not in the sole custody of the parent/stepparent petitioning them would have to return to their home country---or what's to prevent divorcees from bringing their kids for a "visit" and then successfully filing for them and they are never physically return back to the custodial parent/never gone through the home country's court process for permission/consent via court order beforehand?  

 

***OP, I'm not saying that YOU or YOUR SPOUSE committed parental abduction...I'm wondering if is an issue regarding whether they can remain in the US to wait out processing or not without prior consent from the US father to immigrate before landing on US soil****

Well, I took OP at his word about having permission from the other parent, which I assume would be required to finalize the AOS in the same way it would be required for a visa. But yes, it’s assumption not factual knowledge. 

Edited April 30, 2019 by SusieQQQ

[Going through 5,671]

23 minutes ago, SusieQQQ said:

Well, I took OP at his word about having permission from the other parent, which I assume would be required to finalize the AOS in the same way it would be required for a visa. But yes, it’s assumption not factual knowledge. 

Permission from the other biological parent for the children to visit on a tourist visa isn't the same as permission from the parent to move permanently, though?

I'm not arguing with you, I'm more curious how this would work in a situation where the children are already in the US and now planning on immigrating and remaining in the US while it's pending before any court order is in place?

 

What would happen if, say, a child's immigrant visa was denied, and the parent just opted not to return the child to the home country/have the child remain in the US....it would be a legal nightmare for the custodial parent in the home country.

Edited April 30, 2019 by Going through

[SusieQQQ 11,587]

2 minutes ago, Going through said:

Permission from the other biological parent for the children to visit on a tourist visa isn't the same as permission from the parent to move permanently, though?

I'm not arguing with you, I'm more curious how this would work in a situation where the children are already in the US and now planning on immigrating and remaining in the US while it's pending before any court order is in place?

 

What would happen if, say, a child's immigrant visa was denied, and the parent just opted not to return the child to the home country....it would be a legal nightmare for the custodial parent in the home country.

He said they have permission for the children to immigrate.

10 hours ago, Going through said:

Does the father consent to them moving to the US?

 

10 hours ago, Dub.Andrew said:

Yes he does

 

[Going through 5,671]

3 minutes ago, SusieQQQ said:

He said they have permission for the children to immigrate.

True, he did say that.  I guess it can be also country-specific though if written consent from the parent is enough....In Canada, it has to be an official court order in place beforehand, regardless of whether the parent already consents through writing.

 

Or maybe we're both saying the same thing in 2 different ways lol

Edited April 30, 2019 by Going through

[Boiler 46,103]

Children are adopted it seems.

[Going through 5,671]

17 minutes ago, Boiler said:

Children are adopted it seems.

I missed where the OP said he had adopted them?  

[Boiler 46,103]

Prior post.

[SusieQQQ 11,587]

Hm. Skimmed, prior post was asking “if” children adopted...this one refers to stepchildren. I guess they are looking at all options.

[Dub.Andrew 1]

I didn't know this part of the story would be the most discussed.  To clear the muddy water the children are both adopted by my wife as a local Kenyan.  They have been in our Immediate custody for 2yrs now. The 5yr old for over 4yrs and the 2yr old will hot 2yrs with us in May.

[SusieQQQ 11,587]

8 hours ago, Dub.Andrew said:

I didn't know this part of the story would be the most discussed.  To clear the muddy water the children are both adopted by my wife as a local Kenyan.  They have been in our Immediate custody for 2yrs now. The 5yr old for over 4yrs and the 2yr old will hot 2yrs with us in May.

Who is the father you say you got permission from, then? Is it your wife’s ex that she adopted them with maybe, or a biological parent ?

all parts of a story are relevant when you are trying to determine the best path to immigration.  Leaving bits out can lead to bad/wrong advice.

[Dub.Andrew 1]

They were orphaned at birth which is why I answer the way I did.  There is no father to give permission so to me it wasn't worth discussion. However, when I woke up this morning I seen how far the discussion had went so I gave those details.