Minors

[fathoy 0]

my kids and i just applied for our visa and it is under administrative processing. my spouse (ex) would like me to withraw my application and just continue with the kids. in my application, im the accompnying parent. my kids are both minors and i raised them alone. Is it possible for my ex to call the embassy to discontinue my application and just proceed with the kids?

[SusieQQQ 11,587]

13 minutes ago, fathoy said:

my kids and i just applied for our visa and it is under administrative processing. my spouse (ex) would like me to withraw my application and just continue with the kids. in my application, im the accompnying parent. my kids are both minors and i raised them alone. Is it possible for my ex to call the embassy to discontinue my application and just proceed with the kids?

Usually your permission would be required for them to get visas and leave the country, if they are under 18. If you do not want them to leave make sure the embassy knows this. Exactly how to approach all this is often country specific. 
if your spouse is indeed an ex he cannot sponsor you for a visa anyway by the way. 

Edited October 12, 2020 by SusieQQQ

[fathoy 0]

the issue is we have applied already and just waiting for our visas. now, my ex wants me to withraw mine. if i withraw mine, does this mean withrawing for my kids too? im the accompying parent and theyre both follow to join. we are not legally separated thats why. he just left me years ago with our kids and just showed up last year and wants to get my kids.

Edited October 12, 2020 by fathoy

[SusieQQQ 11,587]

34 minutes ago, fathoy said:

the issue is we have applied already and just waiting for our visas. now, my ex wants me to withraw mine. if i withraw mine, does this mean withrawing for my kids too? im the accompying parent and theyre both follow to join. we are not legally separated thats why. he just left me years ago with our kids and just showed up last year and wants to get my kids.

What type of visa is this? Your descriptions are frankly a little confusing. If it is a visa where the children are derivatives of your case then withdrawing you means withdrawing the kids too. If they are three separate visa applications then the kids can go without you purely from a visa perspective - but they may still need your permission to get the visas. Is the case F2A, or what visa category is it? Do you want your kids to be able to go to the US, or not? 

Edited October 12, 2020 by SusieQQQ

[fathoy 0]

we are all derivatives and No, i dont want to allow my kids to migrate without me coz i promised them that

[SusieQQQ 11,587]

11 minutes ago, fathoy said:

we are all derivatives and No, i dont want to allow my kids to migrate without me coz i promised them that

Ok, I’m still not exactly understanding your visa situation but regardless, if you don’t want the kids to go, and they are under 18 and in your custody, make sure the embassy knows that you will not give permission for them to leave the country. You may want to find a country specific forum (there are regional forums on VJ) to see if there is a specific way to do this for your embassy. 

[SteveInBostonI130 3,483]

Hi,

 

You listed EB-3 as the visa category - I assume you are going for E34 and your kids E35?  I believe your visas are banned through the end of the year due to one of the presidential proclamations.

 

Back to your question, it seems there is a domestic matter between your soon-to-be ex husband about your children.   If you do not give permission for him to take sole custody, then inform the US embassy.  

 

Yes, your husband can formally withdraw your application if it is at the USCIS stage.  If at the NVC or the consulate, he can submit a letter asking them to withdraw.

[aaron2020 11,651]

27 minutes ago, fathoy said:

we are all derivatives and No, i dont want to allow my kids to migrate without me coz i promised them that

You can not all be derivative beneficiaries.  There has to be at least one primary beneficiary.  

 

Is your husband a green card holder or US citizen?

 

Your husband is crazy to think that you would let your kids immigrate without you.  

Furthermore, stop calling your husband your ex because you're going to have to prove a bona fide marriage in order for you to get a spousal visa.  If you call him your ex at the interview, the US Embassy will deny you a visa.  

[SusieQQQ 11,587]

3 minutes ago, aaron2020 said:

Furthermore, stop calling your husband your ex because you're going to have to prove a bona fide marriage in order for you to get a spousal visa.  If you call him your ex at the interview, the US Embassy will deny you a visa.  

Yes, it’s unclear if OP actually wants to go to the US with the kids or just stop them going without her. Regardless, any communication from her husband to withdraw her application will bring the marriage into question no matter what she says.

[Chancy 6,243]

1 hour ago, fathoy said:

we are all derivatives and No, i dont want to allow my kids to migrate without me coz i promised them that

 

To get more accurate advice, please clarify exactly --

 

* What visa category are you and your kids pursuing?

* Who is your petitioner?  Is it your husband?

* How old are your kids?

* Asking to be sure -- Are your kids legitimate?  (This is a critical point in determining parental custody in the Philippines.)

 

[fathoy 0]

We got married year 2004, yes my kids, 15 and 9, are legitimate. all papers are legitimate. 2013 he left to work abroad, shortly after that he sent me a message sayong he wants to be free and happy alone. so i raised my kids alone. this year i got a message of us visa interview schedule, we three are derivatives from his application, its a family immigration. Now, he wants me to withraw the application and deliberately saying i dont have to go with them and he just wants the kids. i want to make sure he dont get the kids without me. to me, its like all or nothing. Not that i want to get there too but id like to be with my kids wherever they are.theyre my lives. 

[aaron2020 11,651]

9 minutes ago, fathoy said:

We got married year 2004, yes my kids, 15 and 9, are legitimate. all papers are legitimate. 2013 he left to work abroad, shortly after that he sent me a message sayong he wants to be free and happy alone. so i raised my kids alone. this year i got a message of us visa interview schedule, we three are derivatives from his application, its a family immigration. Now, he wants me to withraw the application and deliberately saying i dont have to go with them and he just wants the kids. i want to make sure he dont get the kids without me. to me, its like all or nothing. Not that i want to get there too but id like to be with my kids wherever they are.theyre my lives. 

Who petitioned for him?  Does that person have US citizenship?

 

We need this information to advise you.

You started this thread in the "Bringing Family Members of Permanent Residents to America."  A Permanent Resident can not file for a married son or a sibling.  

Edited October 13, 2020 by aaron2020

[fathoy 0]

his employer petitioned him. he is currently a PR. 

[Boiler 46,025]

So he wants his children to immigrate bit not you, well that is up to you whether you are OK with it or not.

[fathoy 0]

yes thats it. thing is, i want better opportunity for my kids too but since they dont want to leave without me, i think i know exactly what to do