Cancel interview while waiting on court decision for step-child?

[Russ & Lana 1]

I applied together for CR1/CR2 for my wife and her 9 year old daughter.  We have just received the interview data from NVC for next month.  However, the father of the child refuses to give permission for his daughter to leave the country, and we had our first court appearance yesterday to get the court's permission instead.  We have no idea how long this process will take, but the next court date is set coincidentally a few days after the scheduled embassy interview date.

Should we cancel the interview and get a later date while we wait for this court case to resolve?  

What will happen if we go to the interview without this permission from the court?  Will both applications be put in Administrative Processing? or they will issue visa for my wife and AP the child?

I understand the medical exam determines the six-month clock for entry into the US...but what happens if the case sits in AP for  six or more months while this court case is resolved? Do we simply take another medical exam?

Does anyone else have experience with getting this court permission if the father refuses?

 

[Crazy Cat 41,845]

I would attend the interview.  Yes, the child's case will probably be placed on hold until all requirements are met.  If the medical exams expire, the consulate will dictate what you need to do. 

Edited April 16, 2021 by Lucky Cat

[payxibka 10,045]

I had a similar situation years back.  The father was agreeable to sign the document after some hryvnia encouragement.

Edited April 16, 2021 by payxibka

[Crazy Cat 41,845]

2 minutes ago, payxibka said:

I had a similar situation years back.  The father was agreeable to sign the document after some hryvnia encouragement.

Agree.  Cash has an amazing influence on people.

[Russ & Lana 1]

4 minutes ago, payxibka said:

I had a similar situation years back.  The father was agreeable to sign the document after some hryvnia encouragement.

In our case, this will not work.  He is not lacking in the finance department, and making things difficult would be of greater value than anything we could even think to offer.

[Letspaintcookies 2,310]

Go to the interview. If it takes longer for the  childs case to be resolved then your wife can fly to the US, activate her visa and fly back to finish everything up.

 

[Russ & Lana 1]

5 minutes ago, Letspaintcookies said:

Go to the interview. If it takes longer for the  childs case to be resolved then your wife can fly to the US, activate her visa and fly back to finish everything up.

 

We have considered this, and it would give us a good opportunity to prep for school in the fall.  My concern is I have no frame of reference for how long this process could take.  If my wife activates her visa, my understanding is her daughter must come within six months of her since I filed for them together.  If it takes longer than six months, I think I will have to start over with a separate application.  Then my wife would be out of the US for an extended period, and be at risk of "abandoning" her intent to immigrate and lose her visa as well.  I know this is worse case scenario, but I don't want to find myself in a predicament like this.

[Crazy Cat 41,845]

25 minutes ago, Russ & Lana said:

We have considered this, and it would give us a good opportunity to prep for school in the fall.  My concern is I have no frame of reference for how long this process could take.  If my wife activates her visa, my understanding is her daughter must come within six months of her since I filed for them together.  If it takes longer than six months, I think I will have to start over with a separate application.  Then my wife would be out of the US for an extended period, and be at risk of "abandoning" her intent to immigrate and lose her visa as well.  I know this is worse case scenario, but I don't want to find myself in a predicament like this.

These are two separate cases.  No derivatives for immediate family to US citizens.

Edited April 16, 2021 by Lucky Cat

[payxibka 10,045]

23 minutes ago, Russ & Lana said:

We have considered this, and it would give us a good opportunity to prep for school in the fall.  My concern is I have no frame of reference for how long this process could take.  If my wife activates her visa, my understanding is her daughter must come within six months of her since I filed for them together.  If it takes longer than six months, I think I will have to start over with a separate application.  Then my wife would be out of the US for an extended period, and be at risk of "abandoning" her intent to immigrate and lose her visa as well.  I know this is worse case scenario, but I don't want to find myself in a predicament like this.

Nope.  That is a K2 requirement ( it's 1 year to have visa issued) not IR2.  IR2 could follow weeks,  months, years later.  When issued, the visa has an expiration date, but in your situation,  no visa would be issued to the child until the needed permission was granted 

Edited April 16, 2021 by payxibka

[Russ & Lana 1]

9 minutes ago, payxibka said:

Nope.  That is a K2 requirement,  not IR2

[payxibka 10,045]

7 minutes ago, Russ & Lana said:

That is for the affidavit of support and is asking about a principal immigrant and any possible following immigrants where you could file one affidavit covering all.  Look at the parenthetical in #2.  Your step daughter had a separate petition and would not be listed. 

 

You have TWO principal immigrants.  You would simply provide a seperate affidavit for the child when ready.

Edited April 16, 2021 by payxibka

[Crazy Cat 41,845]

7 minutes ago, Russ & Lana said:

They are both single immigrant cases.  There is no principal and derivative.

Edited April 16, 2021 by Lucky Cat

[Russ & Lana 1]

1 minute ago, payxibka said:

That is for the affidavit of support and is asking about a principal immigrant and any possible derivative immigrants.  

 

You have TWO principal immigrants.

That is correct, and I checked number two.  The discussion here is regarding if we go ahead and activate my wife's visa, and have her come back to Ukraine while this court process plays out.  The problem still remains that i checked box #2 that the "derivative" immigrate will migrate within six months.  If it is as simple as completing a new affidavit of support, then no problem.  The additional problem remains, that if my wife "abandons" her intent to immigrate because she must leave the US for an extended period if this process takes too long.

[Crazy Cat 41,845]

4 minutes ago, Russ & Lana said:

That is correct, and I checked number two.  The discussion here is regarding if we go ahead and activate my wife's visa, and have her come back to Ukraine while this court process plays out.  The problem still remains that i checked box #2 that the "derivative" immigrate will migrate within six months.  If it is as simple as completing a new affidavit of support, then no problem.  The additional problem remains, that if my wife "abandons" her intent to immigrate because she must leave the US for an extended period if this process takes too long.

Just correct the I-864.  A Green Card holder can remain outside the US for up to a year without abandoning his/her Green Card.  

Edited April 16, 2021 by Lucky Cat

[payxibka 10,045]

Just now, Russ & Lana said:

That is correct, and I checked number two.  The discussion here is regarding if we go ahead and activate my wife's visa, and have her come back to Ukraine while this court process plays out.  The problem still remains that i checked box #2 that the "derivative" immigrate will migrate within six months.  If it is as simple as completing a new affidavit of support, then no problem.  The additional problem remains, that if my wife "abandons" her intent to immigrate because she must leave the US for an extended period if this process takes too long.

Checking #2 is an error on you part because in doesn't apply.  Doesn't matter what you did on the affidavit,  it doesn't change a thing.  You can correct the affidavit