Travel period - Sharing kids with ex overseas (merged)

[IsabelleFredrick 6]

If my kids get green cards, and my ex and I decide we want to have kids live with us equally (we homeschool), would it be possible for the kids to live one year with him in his country, and one year with us in the US? 

If not, any creative ideas on how we could do visits where each parent gets decent annual time with kids? 

 

Edited July 30, 2019 by Penguin_ie

[IsabelleFredrick 6]

Im looking for the wisest way to have my kids live with my ex in his country, and me in the USA, without there being green card issues.

Is anyone sharing kids in a more equal way, with good annual time with each parent? 

 

[Mrsjackson 300]

Are you a US citizen yourself? 

[K1visaHopeful 2,814]

You'll need to explain your status and your kids' statuses....

[Going through 5,671]

4 hours ago, IsabelleFredrick said:

Im looking for the wisest way to have my kids live with my ex in his country, and me in the USA, without there being green card issues.

Is anyone sharing kids in a more equal way, with good annual time with each parent? 

Do you mean trying to have the kids "live" in both countries when they become green card holders later on (I assume they are entering on a K2 visa)?

Visiting for a few weeks/maybe a month at a time is good, but you'll want to ensure they have more time inside the US than outside, so as not to jeopardize their permanent resident status.  Remember, they can no longer "live" in their home country, but instead visit....their permanent residence must be the USA.

 

Another option is for the ex to come and visit them in the US, pending an approved tourist visa.

 

Depending on their ages, likely they will be attending US school so probably long trips are not a feasible option?

[Going through 5,671]

I just saw your concurrent thread in another forum section....Unfortunately, the kids can't live 1 year in the home country and one year in the US (and flip back and forth like that)....without raising issues not only with Border Patrol during reentry into the USA each time, (where they may determine the children are using green cards as a sort of glorified tourist visa) and likely also issues when it comes time for them to ROC.

 

An option (once they become green card holders) is to apply for a Reentry Permit (one for each child, with a $575 fee for each +  biometrics fee for each depending on age of each child) which would allow them to live in another country (generally up to two years) without automatically abandoning their status.  Theoretically, one can apply an unlimited amount of times for a Reentry Permit...although I would assume you may be giving USCIS some wiggle room to deny it sometime down the road if continuously applied for every other year..there was a thread where a VJ member reported his mother's most recent reentry permit was denied (it was her 4th or 5th time applying for one consecutively..although I do believe it was a shorter span of USA time inbetween each, which may have also been a factor).

 

 

[Penguin_ie 5,993]

***** two threads merged.   PLease do not post more than once on the same or similar issues *****

[IsabelleFredrick 6]

10 hours ago, K1visaHopeful said:

You'll need to explain your status and your kids' statuses....

I arrived in the US recently and married on a K1, my kids live overseas still.

[wbeem 568]

34 minutes ago, IsabelleFredrick said:

I arrived in the US recently and married on a K1, my kids live overseas still.

I am assuming you noted your children on your I-129F. Was the intention that they would follow on K2 visas at a later date?  

I wonder if you and your ex could work out a way to delay the children coming over (taking into account any time limits of course) and let this waiting period serve as part of his time with them and then bring them over to live continuously with you for the better part of the next year and use the following year to work out ways to split the time with them maintaining the majority of their time here and visiting him as much as reasonably possible. 

I have to say, I really respect you guys for working this out so amicably for the children's sake!  

[HRQX 4,145]

8 hours ago, Going through said:

likely also issues when it comes time for them to ROC.

 

An option (once they become green card holders) is to apply for a Reentry Permit (one for each child, with a $575 fee for each +  biometrics fee for each depending on age of each child) which would allow them to live in another country (generally up to two years) without automatically abandoning their status.

If the children get conditional GCs and then apply and receive reentry permits, then the reentry permits will expire when the conditional GCs expire. They won't be able to get new reentry permits until ROC is approved.

[Boiler 45,486]

They need citizenship in both countries.

[Nitas_man 3,100]

15 hours ago, IsabelleFredrick said:

Im looking for the wisest way to have my kids live with my ex in his country, and me in the USA, without there being green card issues.

Is anyone sharing kids in a more equal way, with good annual time with each parent? 

 

At first:  Summers / holidays there, school year in the US, is probably the best way to divide the time.  

Kudos for thinking about this during the immigration process.

ROC is easy if they’re enrolled in school in the US and 3 months out isn’t going to raise any eyebrows at POE.

After conditions are lifted - as noted a travel document is good for two years and they can stay out of country for extended periods of time.

[JFH 12,190]

You’re putting the cart before the horse here. Until the father gives permission (your recent posts said that he hadn’t) the children are not going anywhere. I’m sure you’re well aware that SA has very severe rules on taking children overseas without the other parent. 

 

You've been here the best part of 2 months and you still haven’t worked it out with your ex where your children are going to live. This sort of thing should have been sorted before you left the country. And if the ex refuses, you will be doing all the visiting. 

Edited July 30, 2019 by JFH

[IsabelleFredrick 6]

1 minute ago, JFH said:

You’re putting the cart before the horse here. Until the father gives permission (your recent posts said that he hadn’t) the children are not going anywhere. I’m sure you’re well aware that SA has very severe rules on taking children overseas without the other parent. 

 

You've been here the best part of 2 months and you still haven’t worked it out with your ex where your children are going to live. This sort of thing should have been sorted before you left the country. And if the ex refuses, you will be doing all the visiting. 

We are discussing follow to join, and I have been in the US for just over a month. So there is still a chance the kids will join me and he is open to giving consent now that I am here.. just trying to work out a fair sharing plan for future

[JFH 12,190]

I hope you gone up with a resolution soon. These are your children. They need to know whether they are leaving their homeland and all their friends and relatives to move to the other side of the world to a place they don’t know or whether they are staying at home but only seeing their mother very infrequently. Neither option is perfect. I was the child of an international divorce. I was passed from country to country. I wouldn’t wish it on anyone.