Falling out of E2 Dependent Status

[Boiler 45,538]

I assume the US courts will have control of the child's residence.

[GloriaHalo 0]

9 minutes ago, Boiler said:

So you applied for the change of status before your husband got his GC?

 

What was the basis of needing a B.

 

How long did id you apply for?

 

What is the child's status, was the child born in the US, or also was an E2,  seems no CoS for the child.

 

How can you be sure the child di not get a GC?

 

Not sure why this a woman specific issue, could apply either way.

Yes

 

Basis of the B is to get more time to finish things up here, packing up the house, selling the cars, finish school year etc

 

6 months

 

Child was born outside of the US  E2 Dependent, my second son is born in the US. 

 

You are right, maybe there is a way that my son got a GC as well, but since my ex is vindictive he wont tell me.

 

True, it is not a woman specific issue, My anxiety got the worst of me there. Applies to all dependents

[Boiler 45,538]

Maybe if you applied for a few weeks, but 6 months? I think it is reasonable to assume a CoS would not be granted but there is no way of knowing for certain.

 

F1 would the visa for going to school, anyway the child's schooling is not relevant to your situation. And would not surprise me if the child has a GC.

 

Just a thought, how do you know when your husband got his GC?

[USS_Voyager 1,972]

5 minutes ago, Boiler said:

I assume the US courts will have control of the child's residence.

Wouldn't the divorce court also decide custody issues?

[Georgia16 2,858]

6 minutes ago, Boiler said:

I assume the US courts will have control of the child's residence.

That’s also what I thought since child and both parents live here. 

[Boiler 45,538]

Just now, USS_Voyager said:

Wouldn't the divorce court also decide custody issues?

I know nothing about what a Swedish court can and would do, the child is resident in the US and has been for a very long time. 

[Georgia16 2,858]

6 minutes ago, GloriaHalo said:

Yes

 

Basis of the B is to get more time to finish things up here, packing up the house, selling the cars, finish school year etc

 

6 months

 

Child was born outside of the US  E2 Dependent, my second son is born in the US. 

 

You are right, maybe there is a way that my son got a GC as well, but since my ex is vindictive he wont tell me.

 

True, it is not a woman specific issue, My anxiety got the worst of me there. Applies to all dependents

Now I’m going to ask this. Would it not be easier for the child and everyone included if you decided to live in the us so both parents could be there at least til the child is 18? 

[Georgia16 2,858]

1 minute ago, Boiler said:

I know nothing about what a Swedish court can and would do, the child is resident in the US and has been for a very long time. 

I know danish courts won’t do anything if a child is living over here. Only if they get a note from us court saying they won’t touch this because the child isn’t American then they would do something. Can’t see it be much different in Sweden when everyone is living overseas and no parents live in Sweden. 

[GloriaHalo 0]

4 minutes ago, Boiler said:

Maybe if you applied for a few weeks, but 6 months? I think it is reasonable to assume a CoS would not be granted but there is no way of knowing for certain.

 

F1 would the visa for going to school, anyway the child's schooling is not relevant to your situation. And would not surprise me if the child has a GC.

 

Just a thought, how do you know when your husband got his GC?

He told me that after his interview that the case was approved and he is not abroad waiting to receive his passport fr the US consulate.

[GloriaHalo 0]

Just now, Georgia16 said:

I know danish courts won’t do anything if a child is living over here. Only if they get a note from us court saying they won’t touch this because the child isn’t American then they would do something. Can’t see it be much different in Sweden when everyone is living overseas and no parents live in Sweden. 

Its the german court, and according to my lawyer there they will have to decide since the divorce was filed in germany

[Boiler 45,538]

Just now, GloriaHalo said:

Its the german court, and according to my lawyer there they will have to decide since the divorce was filed in germany

Sounds like you need  second and possibly third opinions.

[Georgia16 2,858]

1 minute ago, GloriaHalo said:

He told me that after his interview that the case was approved and he is not abroad waiting to receive his passport fr the US consulate.

How old is he? Consulate in Sweden don’t require children under 14 to be present. But they don’t normally issue anything without either convent from other parent OR proof of full costody

[GloriaHalo 0]

3 minutes ago, Georgia16 said:

Now I’m going to ask this. Would it not be easier for the child and everyone included if you decided to live in the us so both parents could be there at least til the child is 18? 

Yes, that would be a lot easier of course. But the issue remains. I will still have to leave the country to get the divorce finalized in front of a judge and by doing so

1. i539 is deemed abandoned

2. no legal status in the US

 

[Georgia16 2,858]

1 minute ago, GloriaHalo said:

Its the german court, and according to my lawyer there they will have to decide since the divorce was filed in germany

Ok never mind on my reply above thought the child was Swedish

[GloriaHalo 0]

Just now, Georgia16 said:

How old is he? Consulate in Sweden don’t require children under 14 to be present. But they don’t normally issue anything without either convent from other parent OR proof of full costody

under 14. We are talking about the german legal system