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Kim and Joseph Explorer

Kim and Joseph   36

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Filed: IR-1/CR-1 Visa Country: Guyana
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My Sister husband (citizen) filed for her 2 children 5 and 7 last September and awaiting approval!

My Sister children father went behind her back last week and filed his own application. What will happen to my sister pending application she filed last September? Will there father application interfere with the first application there mother sent? She's really confused and upset. My sister and her children father live in the US separately as permanent residents. The children live in another country while  processing 

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Pinkrlion Mentor

Pinkrlion   2,719

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Filed: Country: Jamaica
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Who has legal custody of the children?  The biological father can file for his children, just as the biological mother can file.  Your sister needs to have her court order to show who has sole or joint custody.  

Phase I - IV - Completed the Immigration Journey 

 

 

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arken Mentor

arken   4,197

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Filed: F-2A Visa Country: Nepal
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Did your sister tell her children's father that her husband was going to petition his children?

Spouse:

2015-06-16: I-130 Sent

2015-08-17: I-130 approved

2015-09-23: NVC received file

2015-10-05: NVC assigned Case number, Invoice ID & Beneficiary ID

2016-06-30: DS-261 completed, AOS Fee Paid, WL received

2016-07-05: Received IV invoice, IV Fee Paid

2016-07-06: DS-260 Submitted

2016-07-07: AOS and IV Package mailed

2016-07-08: NVC Scan

2016-08-08: Case Complete

2017-06-30: Interview, approved

2017-07-04: Visa in hand

2017-08-01: Entry to US

.

.

.

.

Myself:

2016-05-10: N-400 Sent

2016-05-16: N-400 NOA1

2016-05-26: Biometrics

2017-01-30: Interview

2017-03-02: Oath Ceremony

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Kim and Joseph Explorer

Kim and Joseph   36

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Filed: IR-1/CR-1 Visa Country: Guyana
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Just now, arken said:

Did your sister tell her children's father that her husband was going to petition his children?

Yes She told him and he still went ahead! Which approval will come first?

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Kim and Joseph Explorer

Kim and Joseph   36

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Filed: IR-1/CR-1 Visa Country: Guyana
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Posted
36 minutes ago, Pinkrlion said:

Who has legal custody of the children?  The biological father can file for his children, just as the biological mother can file.  Your sister needs to have her court order to show who has sole or joint custody.  

No one has sole custody! He left her with the kids a few years ago and went to the US and got married to someone! She got married to someone too a year after, the kids is with a care taker back home. Will my sister get the approval first since she applied since September 2020?

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Pinkrlion Mentor

Pinkrlion   2,719

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Filed: Country: Jamaica
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Posted (edited)

It does not matter whose approval will come first. 

 

In the US biological fathers have legal rights over stepfathers.  Since neither of them have establilshed custody, If he does not agree for the children to come and live with your sister he has the right to contest it.  

 

Your sister will need to get a family lawyer to address this issue.  It sounds like the courts will have to decide what is in the best interest of the children.  

Edited by Pinkrlion

Phase I - IV - Completed the Immigration Journey 

 

 

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PaulaCJohnny Community Regular

PaulaCJohnny   713

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Filed: IR-1/CR-1 Visa Country: Argentina
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Posted
3 minutes ago, Kim and Joseph said:

No one has sole custody! He left her with the kids a few years ago and went to the US and got married to someone! She got married to someone too a year after, the kids is with a care taker back home. Will my sister get the approval first since she applied since September 2020?

Like @Pinkrlionsaid she will need a lawyer. From now until the approval she will need to present more paperwork. IMO this is not a DIY case. Legal advice will be needed, because looks like they are not un good terms about the custody, I'm right?

Just one question,  why didn't they (your sister and her husband) filed for the kids on the moment that he filled for her? Does she complete the information about having kids on her visa process?

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arken Mentor

arken   4,197

Posted
Filed: F-2A Visa Country: Nepal
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Posted (edited)
1 hour ago, Kim and Joseph said:

Yes She told him and he still went ahead! Which approval will come first?

Its likely your sister's husband's petition will be approved first just because of the timeline but that doesn't matter. US embassy won't issue visas to the children without both parents' authorization unless one has the sole custody. So neither your sister husband nor the children's father can bring the child independently. Even if one is able to do so, the other disgruntled parent can file kidnapping charges.

 

So as others have pointed out, time to have both parents come to agreement or lawyer up for sole custody before visa processing.

Edited by arken

Spouse:

2015-06-16: I-130 Sent

2015-08-17: I-130 approved

2015-09-23: NVC received file

2015-10-05: NVC assigned Case number, Invoice ID & Beneficiary ID

2016-06-30: DS-261 completed, AOS Fee Paid, WL received

2016-07-05: Received IV invoice, IV Fee Paid

2016-07-06: DS-260 Submitted

2016-07-07: AOS and IV Package mailed

2016-07-08: NVC Scan

2016-08-08: Case Complete

2017-06-30: Interview, approved

2017-07-04: Visa in hand

2017-08-01: Entry to US

.

.

.

.

Myself:

2016-05-10: N-400 Sent

2016-05-16: N-400 NOA1

2016-05-26: Biometrics

2017-01-30: Interview

2017-03-02: Oath Ceremony

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Kim and Joseph Explorer

Kim and Joseph   36

Posted
Filed: IR-1/CR-1 Visa Country: Guyana
 Timeline
  • Author
Posted
3 hours ago, Paula&Johnny said:

Like @Pinkrlionsaid she will need a lawyer. From now until the approval she will need to present more paperwork. IMO this is not a DIY case. Legal advice will be needed, because looks like they are not un good terms about the custody, I'm right?

Just one question,  why didn't they (your sister and her husband) filed for the kids on the moment that he filled for her? Does she complete the information about having kids on her visa process?

Yes my sister Husband applied for the kids same time with her application 8 months still waiting on the kids approval

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SalishSea Grand Master

SalishSea   17,829

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Filed: Lift. Cond. (apr) Country: New Zealand
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11 hours ago, Kim and Joseph said:

No one has sole custody! He left her with the kids a few years ago and went to the US and got married to someone! She got married to someone too a year after, the kids is with a care taker back home. Will my sister get the approval first since she applied since September 2020?

In that case, neither one of them has any more "right" to petition them than the other.

 

They will need lawyers and hopefully they can work together once the kids are in the US to establish a visitation/residency arrangement.

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Ontarkie Grand Master

Ontarkie   14,221

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Filed: Citizen (apr) Country: Canada
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Posted

Consult a lawyer in the children's home country. That is their legal residence and who has jurisdiction.  Get a lawyer and get this sorted out fast. 

Spoiler

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Filed 05-09-07
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Visa received 04-21-08
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Married 06-21-08
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Filed 07-08-08
Cards Received01-22-09
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Filed 10-17-10
Cards Received02-22-11
Citizenship
Filed 10-17-11
Interview 01-12-12
Oath 06-29-12

Citizenship for older 2 boys

Filed 03/08/2014

NOA/fee waiver 03/19/2014

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