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

[carmel34 3,634]

Even if the 8-year old can get a B visa (not guaranteed as others have said), when she tries to enter the US, CBP will usually ask for written permission from the father, or other legal documentation, that the child has approval from the father to leave her home country to visit her mother.  This is because of international child trafficking laws.  If the husband will not grant such permission, and sign a document to that effect that the child can travel with, it may be difficult to enter the US.  On top of that CBP may see strong ties to the US (mother) as a risk that she will overstay a tourist visa and try to use it to live in the US with her mother.

[designguy 1,179]

42 minutes ago, carmel34 said:

Even if the 8-year old can get a B visa (not guaranteed as others have said), when she tries to enter the US, CBP will usually ask for written permission from the father, or other legal documentation, that the child has approval from the father to leave her home country to visit her mother.  This is because of international child trafficking laws.  If the husband will not grant such permission, and sign a document to that effect that the child can travel with, it may be difficult to enter the US.  On top of that CBP may see strong ties to the US (mother) as a risk that she will overstay a tourist visa and try to use it to live in the US with her mother.

Agreed. If there is no letter or document stating the child may travel from the father, then there is a big chance they would encounter problems at the border.

 

OP basically if the father is not willing to give permission then its going to be up to you guys to go visit the daughter. Thats the risk when a parent emigrates prior to resolving issues like this. You have a big decision to make

[SalishSea 17,837]

21 hours ago, 06dak said:

There’s a whole story to why she moved, so please refrain from passing judgment

Everyone here has a story.  Bottom line is that she made a choice, and choices have consequences.

[SalishSea 17,837]

21 hours ago, 06dak said:

They sit in the car for a couple hours playing on cell phones, have McDs, and he drops her off until the next week.

Who are you to evaluate how he spends time with his child?  Growing up, my weekly pizza and video game nights with my dad were very important to both of us.  As the step parent, you really should not involve yourself with the minutiae of the time the child spends with her dad.

[geowrian 22,337]

21 hours ago, 06dak said:

There’s a whole story to why she moved, so please refrain from passing judgment.

I see no judgement ITT from the commenters. The commenters are just trying to understand the situation and pointing out that there are multiples sides to the story. You say he is just doing it out of spite. He may say otherwise.

While she is a minor, he has every right to contest the request for her to immigrate. You are basically asking him to possibly never see her again...once she immigrates, he has essentially no rights at all to see her. Even if an agreement were to be made, him enforcing it in the US to make a judge compel her to take the child overseas for a visit is extremely unlikely and likely very expensive.

 

The remark about her choosing to immigrate to the US without the daughter is a statement of fact, not judgement.

[06dak 5]

19 hours ago, Ontarkie said:

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)

I wasn’t able to find anything - the information at the consulate is really vague. 
 

Thanks to all that answered my questions.