Applied for setpdaughter, got to NVC, now having to wait until 18. Will it affect next B2?

[06dak 5]

OK, I have a backstory and a question at the end.

 

My wife and I have been married 2 years so far, and she's lived in the US over a year now. Her daughter (my stepdaughter) is stuck back in her home country because her dad won't let her leave. It's a control thing with him, not wanting to give my wife what she wants. In China they don't have a legal "full custody," her divorce document essentially just says my stepdaughter lives with mom and dad is allowed to visit once a week. We started the process to have her immigrate as we were using the courts to try to adjust custody to be solely with my wife. Unfortunately the courts didn't agree since we couldn't prove the change in custody would help our immigration case, so now we are left with a case at NVC and no hope of immigration. She's currently 8 and her travel visa expires in a few years. From what I can see the lack of clearly defined "full custody" makes following through with the application a huge gamble that could leave her without a way to see her mom here.

 

So, now my question:  I planned to just leave the case open at NVC hoping for a change of heart from the dad. Will that negatively affect her application for her next B2 travel Visa (to get her to 18 when she can make her own immigration decision)? Have we already affected that by showing an "intent" to immigrate?

 

 

 

 

[Boiler 45,519]

So to be clear her father is OK with her visiting, just not immigrating?

[Ontarkie 14,225]

You don't need full custody, just permission from the dad or the courts to allow her to move to the US. 

[06dak 5]

1 minute ago, Ontarkie said:

You don't need full custody, just permission from the dad or the courts to allow her to move to the US. 

 

Unfortunately Dad will not agree (he likes her living with my in-laws and visiting for lunch once a week as legally required; it's his way to punish my wife for the embarrassment of divorce and keep his name off the "black list")

 

The courts said without clear written rules about what custody is required, they won't do anything. Unfortunately from what I can find there are NO written rules about custody, just what you get from the consulate when they deny your visa or an RFE. If we make it that far and get denied her B2 visitation visa would be cancelled, so we would only be able to see her 2x per year and only over there.

 

Is it time to find an attorney? Any suggestions?

[06dak 5]

15 minutes ago, Boiler said:

So to be clear her father is OK with her visiting, just not immigrating?

Her current visitation visa was done prior to their divorce. I'm not sure what the situation will be in the future.

Currently her father not OK with doing anything that might in some way make his ex wife not suffer.

[Boiler 45,519]

Well her mother was the one who chose to migrate and leave her behind.

 

Personally I would focus on making sure he is onside with her visiting. I assume she will not be able to get B renewed if he objects, he may well be able to stop her visiting now if he chose to do so. Or complicate matters anyway.

[Ontarkie 14,225]

1 hour ago, 06dak said:

 

Unfortunately Dad will not agree (he likes her living with my in-laws and visiting for lunch once a week as legally required; it's his way to punish my wife for the embarrassment of divorce and keep his name off the "black list")

 

The courts said without clear written rules about what custody is required, they won't do anything. Unfortunately from what I can find there are NO written rules about custody, just what you get from the consulate when they deny your visa or an RFE. If we make it that far and get denied her B2 visitation visa would be cancelled, so we would only be able to see her 2x per year and only over there.

 

Is it time to find an attorney? Any suggestions?

I would check the regional forum to find out exactly what you can do. Each country is different but if the father won't consent than you need to get a lawyer to get the court order to allow the move. 

 

[Boiler 45,519]

5 minutes ago, Ontarkie said:

I would check the regional forum to find out exactly what you can do. Each country is different but if the father won't consent than you need to get a lawyer to get the court order to allow the move. 

 

Not to allow the move to see if a Court would agree to order such a move. Now I do not have any knowledge of the Chinese system but seriously doubt a UK or US court would.

[SusieQQQ 11,586]

1 hour ago, Boiler said:

Well her mother was the one who chose to migrate and leave her behind.

 

Personally I would focus on making sure he is onside with her visiting. I assume she will not be able to get B renewed if he objects, he may well be able to stop her visiting now if he chose to do so. Or complicate matters anyway.

I’m sorry but I agree here. Maybe the father actually wants to see his daughter regularly and is not only (or even at all) doing this out of spite. Two sides to every story. 
 

I am not overly optimistic about a B visa being granted/renewed tbh, I have seen other instances where minor children in such cases are refused B visas. In your case there is an i130 filed and immigrant intent is established - especially as you plan to keep it active.  Certainly it could happen, but you need to have a plan B in case it doesn’t.
 

Is the mom ok with potentially only seeing her daughter twice a year (as btw she presumably would expect dad to if they child moves, assuming dad can even get a visa?) Is you moving to China and all staying there till the child is old enough to make her own immigration decisions an option?

 

 

Edited January 23, 2020 by SusieQQQ

[06dak 5]

28 minutes ago, SusieQQQ said:

I’m sorry but I agree here. Maybe the father actually wants to see his daughter regularly and is not only (or even at all) doing this out of spite. Two sides to every story. 
 

I am not overly optimistic about a B visa being granted/renewed tbh, I have seen other instances where minor children in such cases are refused B visas. In your case there is an i130 filed and immigrant intent is established - especially as you plan to keep it active.  Certainly it could happen, but you need to have a plan B in case it doesn’t.
 

Is the mom ok with potentially only seeing her daughter twice a year (as btw she presumably would expect dad to if they child moves, assuming dad can even get a visa?) Is you moving to China and all staying there till the child is old enough to make her own immigration decisions an option?

 

 

There’s a whole story to why she moved, so please refrain from passing judgment. I’m pretty sure he doesn’t really care since the only reason he sees her is to establish he visited. They sit in the car for a couple hours playing on cell phones, have McDs, and he drops her off until the next week. He hasn’t fought her visiting because he knows that my wife could use that against him in court. We’ve offered for her to stay with him for the summers and here for school in the winters, but that didn’t go anywhere either much to the frustration of everyone (judges included). I did research on the regional forums and it really seemed like it was a crapshoot if the consultation would ask for permission or not. Some needed, some didn’t, because of the funky way China declares custody. Visiting twice a year isn’t really what we want for her, we would probably have to move there once the B visa expires as a last resort (I have kids that are in middle school and I really don’t want them going to school there). 
 

The reason I asked about the Nvc was, if they will deny her visiting because we started the permanent visa it would change what we try to do in the future. Or if cancellation of the application now would help the visiting visa, assuming permission was granted later, we should probably do that now and restart the permanent visa when she’s closer to 18. 
 

 

Edited January 23, 2020 by 06dak

[Boiler 45,519]

We have a mega thread about people who visit successfully whilst the process is ongoing, I certainly visited several times.

[SusieQQQ 11,586]

No-one can tell you for sure what the outcome of a b visa application is. The only certainty is that nothing is guaranteed when someone emigrates and leaves a family member behind hoping for them to visit. By the way it is not NVC’s decision whether or not she can visit, it will be the consular Officer in China.

[Ontarkie 14,225]

I'd speak to a lawyer over there. He won't let her move to be with her mother and yet he doesn't want her living with him. 

[06dak 5]

58 minutes ago, Ontarkie said:

I'd speak to a lawyer over there. He won't let her move to be with her mother and yet he doesn't want her living with him. 

Tried that, didn’t get far... They wanted written proof what was required, which I couldn’t find. Our thought was having full custody most of the year would be enough (instead of the every week “visit” we Are stuck with have now). They wouldn’t change based on hypothetical situations. 

[Ontarkie 14,225]

46 minutes ago, 06dak said:

Tried that, didn’t get far... They wanted written proof what was required, which I couldn’t find. Our thought was having full custody most of the year would be enough (instead of the every week “visit” we Are stuck with have now). They wouldn’t change based on hypothetical situations. 

Doesn't it say on the consulates website what they need for a child to immigrate. I swore that is somewhere. i'll try to find something official but I suck at googling this stuff.

Could you email the consulate and ask them for an official letter stating what is needed for your stepdaughter to immigrate? (don't know if you tried that)

Edited January 24, 2020 by Ontarkie