Wife(here) and stepson(abroad). Need help bringing my stepson here

[Daisy.Chain 317]

4 hours ago, Sarines said:

let alone knows we’re bringing him here.

 Be careful you don't get yourselves into serious trouble.  Parents have to be informed and often give consent foe their children to be relocated internationally. Perhaps your wife can apply for full custody in Venezuela.

 

Another option would be for your wife to go back to Venezuela (where presumably she has lots of binding ties if she got a tourist visa...probably needs to go back to wrap some of those up!) to care for your son. They could immigrate together with a CR1 visa.

[Daisy.Chain 317]

Sometimes a timely monetary incentive can be effective for deadbeat parents.

[Duke & Marie 1,389]

3 hours ago, Daisy.Chain said:

 Be careful you don't get yourselves into serious trouble.  Parents have to be informed and often give consent foe their children to be relocated internationally. Perhaps your wife can apply for full custody in Venezuela.

 

Another option would be for your wife to go back to Venezuela (where presumably she has lots of binding ties if she got a tourist visa...probably needs to go back to wrap some of those up!) to care for your son. They could immigrate together with a CR1 visa.

I agree, CR1 might be better in this instance.. particularly because the childs so young and possible custody issues to wrap up...

 

to OP

who’s looking after the child if dads not in the picture? How do they feel about suddenly becoming the permanent career of this child for 12-18 months or possibly longer? 

 

you realise the mother of this small child may not be able to see it for a very long time? AOS is not a fast process even with an application for travel approval it could be 9 - 12 months before she sees her child again? AOS has slowed significantly this year, I’ve been waiting over 8 months and still haven’t had bio for work or travel approvals.. 

 

another concern to consider is what if the father now wants custody? Your wife has affectively abandoned her child at short notice because you got married and she decided to stay whilst on a tourist visa... highly recommend legal advice 

Edited December 25, 2020 by Duke & Marie

[TBoneTX 46,062]

4 hours ago, Daisy.Chain said:

go back to Venezuela

The suggestion was well-meant, but there are many sad horror stories from there.  Many hundreds of Venezolanos who have tourist visas are getting out, staying out, and applying for asylum in the U.S.

[SalishSea 18,125]

13 hours ago, Sarines said:

We’re already married and filing the AOS and other forms will allow her to stay.  We didn’t expect to get married this time around but it happened.

Unfortunately, she will be unable to return to the US if she leaves, for around 8 months.  That is a long time to leave a baby.

[Adventine 3,209]

Based on the OP's description, the bio-father could easily make life difficult for the OP and his wife for monetary gain or even just out of spite, even though bio-father is not actually interested in caring for the baby.

 

Best to get an experienced lawyer now. It's not a case for DIY or to cheap out on good legal advice.

 

 

[Sarines 0]

The bio dad is all over the place.  He’s wanted for warrants.  We have his old phone number along with address, but when police showed up there he was gone.  He’s couch surfing and been MIA for a year.

 

Our son is being cared for by her parents in Venezuela.  We’re thinking if we file the AOS for her and travel documents, along with the i130 for him we can plan that in 12-18 months he can be here.  If her travel forms get approved sooner we can travel there to visit him.  We want him to be here within 12 months, or at least be able to go and visit him by then and know that he’s on the track for coming here soon!

 

The bio dad could make trouble for us, but that seems unlikely because he’s wanted by the government and it would blow his cover.  When we file for our son we will make sure to put 100% accurate information.

 

We will contact a Venezuelan lawyer to see if he can certify she’s the sole and only parent provider for the child.

 

The child isn’t abandoned and is still living with family.  He’s young enough that if it takes 12-18 months he won’t even be 4 years old.  It might be a different change but her parents are working on there Visas to come here to help with the transition.

 

She doesn’t feel good about leaving him there for an extended period of time, and I don’t blame her for feeling bad one bit.  Venezuela doesn’t have opportunities like America.  It’s in ours, and his best interest to give him the best life possible because he deserves it.  We’ve talked a lot about routes and options to take.  I’ll read into the CR1 visa

[carmel34 3,654]

8 hours ago, Sarines said:

We will contact a Venezuelan lawyer to see if he can certify she’s the sole and only parent provider for the child.

The key question is, does she have sole legal custody of the baby, with court documents to prove it?  That's different than provider.  From what you have posted, a good attorney in Venezuela should be able to help with the legal custody document, also with immigration issues.

[Boiler 46,025]

8 hours ago, Sarines said:

The bio dad is all over the place.  He’s wanted for warrants.  We have his old phone number along with address, but when police showed up there he was gone.  He’s couch surfing and been MIA for a year.

 

Our son is being cared for by her parents in Venezuela.  We’re thinking if we file the AOS for her and travel documents, along with the i130 for him we can plan that in 12-18 months he can be here.  If her travel forms get approved sooner we can travel there to visit him.  We want him to be here within 12 months, or at least be able to go and visit him by then and know that he’s on the track for coming here soon!

 

The bio dad could make trouble for us, but that seems unlikely because he’s wanted by the government and it would blow his cover.  When we file for our son we will make sure to put 100% accurate information.

 

We will contact a Venezuelan lawyer to see if he can certify she’s the sole and only parent provider for the child.

 

The child isn’t abandoned and is still living with family.  He’s young enough that if it takes 12-18 months he won’t even be 4 years old.  It might be a different change but her parents are working on there Visas to come here to help with the transition.

 

She doesn’t feel good about leaving him there for an extended period of time, and I don’t blame her for feeling bad one bit.  Venezuela doesn’t have opportunities like America.  It’s in ours, and his best interest to give him the best life possible because he deserves it.  We’ve talked a lot about routes and options to take.  I’ll read into the CR1 visa

What do you mean working on their visas to come here? She needs to be a Citizen to sponsor Parents.

 

She ought to know what what Court rulings have been made?

[Sarines 0]

17 hours ago, Boiler said:

What do you mean working on their visas to come here? She needs to be a Citizen to sponsor Parents.

 

She ought to know what what Court rulings have been made?

We talked more and her Venezuelan lawyer told her she has 100% sole custody of our son.  Her parents aren’t working on a green card visa, but tourist visa to come visit there grandson.  They don’t want to live here(afaik).  But they do want to see there grand baby and be in his life.  

[Boiler 46,025]

A B seems somewhat unlike;y.

[Sarines 0]

10 hours ago, Boiler said:

A B seems somewhat unlike;y.

A B?

 

both parents have had B/tourist visas majority of their life.

Edited December 26, 2020 by Sarines

[Boiler 46,025]

11 hours ago, Sarines said:

We talked more and her Venezuelan lawyer told her she has 100% sole custody of our son.  Her parents aren’t working on a green card visa, but tourist visa to come visit there grandson.  They don’t want to live here(afaik).  But they do want to see there grand baby and be in his life.  

You said they were working on one.