Alien Child to US Mother traveling to the US on foreign passport

[SusieQQQ 11,586]

3 hours ago, Timona said:

Just fly to the US for a weekend with the kids without him knowing. Come Monday, you guys are back in Germany and back to normal life. In the hindsight, GC has been triggered and you can go ahead and file for the kids' naturalizations as mentioned earlier. You would have done right for your kids. Come 18 years, they can choose for themselves where they'd like to live.

Btw INA320 requires both LPR status and residence in the US so even if they did this backdoor method (that opens her up to abduction charges if dad does find out)  it doesn’t work like that.

[Timona 4,207]

22 minutes ago, SusieQQQ said:

You realize you are encouraging her to do something that could get her arrested for international child abduction? If the father is really that obstructive he could very well lay a charge. You need to be really careful about what you advise people here to do. Looks like OP has solid advice about what she is legally allowed to do. 

 

 

 

I do not see any abduction in my advise. 

 

Are you implying that OP cannot even take her own kids to vacation, say a safari, without begging and pleading on her knees to the ex? She too, does have equal custody. She does not need to ask the other half when to feed the children, which towns not to take the kids etc. Looking at it now, it seems he has total authoritarian control and he must be enjoying it. I abhor such, regardless of who's ding it. But it is not mine to indulge in other's relationship.

 

I am not arguing with you nor invalidating your point, but it is not like the ex is loosing the kids etc. 

Just now, SusieQQQ said:

Btw INA320 requires both LPR status and residence in the US so even if they did this backdoor method (that opens her up to abduction charges if dad does find out)  it doesn’t work like that.

 

Understood. 

[SusieQQQ 11,586]

Just now, Timona said:

 

I do not see any abduction in my advise. 

 

Are you implying that OP cannot even take her own kids to vacation, say a safari, without begging and pleading on her knees to the ex? She too, does have equal custody. She does not need to ask the other half when to feed the children, which towns not to take the kids etc. Looking at it now, it seems he has total authoritarian control and he must be enjoying it. I abhor such, regardless of who's ding it. But it is not mine to indulge in other's relationship.

 

I am not arguing with you nor invalidating your point, but it is not like the ex is loosing the kids etc. 

OP quoted you the section of the law. Anyway your grand idea doesn’t work as they cannot show residence in the US under your plan, and they cannot even get that far without the father agreeing to them becoming LPRs, and if he does that then that is all OP wants anyway. 

[Timona 4,207]

5 minutes ago, SusieQQQ said:

OP quoted you the section of the law. Anyway your grand idea doesn’t work as they cannot show residence in the US under your plan, and they cannot even get that far without the father agreeing to them becoming LPRs, and if he does that then that is all OP wants anyway. 

 

Yap. Saw that.

I will read more about this law and educate myself later tonight.

[Boiler 45,466]

You can hardly blame the Father for not wanting his children to be moved to another Continent.

[Chancy 6,241]

8 hours ago, SusieQQQ said:

OP quoted you the section of the law. Anyway your grand idea doesn’t work as they cannot show residence in the US under your plan, and they cannot even get that far without the father agreeing to them becoming LPRs, and if he does that then that is all OP wants anyway. 

 

I realize you'd need to read through the OP's other threads to get the full context as her family's case is fairly unique.  Anyway, a quick weekend trip to the US will actually work for the OP's kids because they are under military orders.  As such, they are considered to be domiciled in the US even while being physically present in Germany.  It's the part about gaining LPR status that they cannot do abroad, hence the need for a trip to the US.

 

As to whether the father will object to the kids traveling to the US in the first place, I suppose that's what the OP is preparing contingencies for.

 

Edited May 28, 2021 by Chancy
clarification

[Boiler 45,466]

5 minutes ago, Chancy said:

 

As to whether the father will object to the kids traveling to the US in the first place, I suppose that's what the OP is preparing contingencies for.

 

The father does object.

[Chancy 6,241]

1 minute ago, Boiler said:

The father does object.

 

Yup.  I was commenting about the kids not having US residence.  Their presence in Germany under military orders actually counts towards meeting that particular requirement for deriving citizenship.  All moot if they can't even get to the US to gain LPR status.