Help - Filing for my kids but complicated

[R&OC 371]

Dear all,

 

my husband is active duty and my kids (his step kids) and I are on his orders. So far, we never bothered to get them a LPR status because their biological dad wasn't supportive although the kids live with us. My kids were worried that their Dad would get too upset with them and hence, they were very hesitant to come with us when the time comes. Again, we are together right now.

 

Now things have changed and the kids would like to stay with us even in the case of my husband getting new orders.

 

What do we need to do regarding their biological Dad from Germany. Has anyone been through this? Is DCF still an option with the USCIS offices closing? Is it even possible in case their Dad isn't giving his consent? What are your experiences?

 

 

[S&J2013 117]

You will need some sort of permission from their bio dad to allow them to move. Whether it’s a written consent directly from him, or if he’s not willing to do that, you would need a court order to show that you legally have permission to take them. 
 

I don’t know about DCF but if you can do that it’s much faster. Remember it will be 1 petition per person too, the children can’t be added to yours. 

[Dashinka 24,488]

DCF should be available to active military personnel even if there is no USCIS office.  I do agree with @S&J2013, the biological father still has to consent.

 

Good Luck!

 

https://www.uscis.gov/policy-manual/volume-6-part-b-chapter-3

[Unlockable 7,314]

Without the father's consent, there may be problems. Especially if he gets legal judgement preventing the children to leave. The children would not be able to immigrate until it is settled in family court which would take a while.

 

There are cases of people who had to go through this where the other parent prevented the kids from immigrating. You can use the advance search to see if you can find the threads.

[Ryan H 3,812]

Moved from Progress Reports to Process & Procedures.