Mother and children together but apart

[Lo&jo 4]

Hello, 

I am asking for a friend , he needs your help and advise .

He lives with his life partner ( they are not married) with whom he has 2 young kids ( 5 and 3 y old) Her mother (now  US citizen) applied for her and her children to come and live in the USA. If the decision is positive, can the mother go alone without the children and after a few months, when she make decision that she really wants to stay  in the States, she will come back for  the CHD? The children's father is very afraid of their  future , he wants his partner to go  without children first and see if it is her dream and a place where she wants to live with kids permanently. The father is not planning to go to the USA as he has a good business and life in his own country and doesnt want to start " life from the skratch".

 

Pls, does anyone know the answer to his question?

I will very appreciate for any suggestion..

 

[Chancy 6,241]

2 hours ago, Lo&jo said:

Her mother (now  US citizen) applied for her and her children to come and live in the USA. If the decision is positive, can the mother go alone without the children and after a few months, when she make decision that she really wants to stay  in the States, she will come back for  the CHD?

 

Yes, there is an option for the kids to "follow to join" while the parent tries out living in the US to decide whether they want to reside permanently or not.  More info: "What if my derivative family member wants to wait to immigrate?" -- https://travel.state.gov/content/travel/en/us-visas/immigrate/the-immigrant-visa-process/step-1-submit-a-petition/step-2-begin-nvc-processing/ceac-faqs.html#ceac14

 

When did the US citizen mother file the I-130 petition?

Was the mother already a USC when she filed the I-130?

What age was your friend when the I-130 was filed?

What country do the kids and their father currently reside?

 

Edited May 2, 2023 by Chancy
typo

[Lo&jo 4]

Thank you Chancy for such accurate information. The attached link is very useful, although it takes time to fully understand the whole process and terms. 
My simple  understanding is this:

the mother has to go to the embassy interview alone, without the children. She will receive a visa valid max 6 mnths and must enter the United Stated during this time. Children can wait, but the condition is that they must enter the US before they turn 18.. Of course , all this needs to be updated in the system, it will probably have to be done by the children's mother so that their application is not expired, but they will probably handle it..This link is really great, thanks again..

 

And to answer your question:

1. About 2 years ago

2. YES

3. 40

4. Poland

 

[Chancy 6,241]

9 minutes ago, Lo&jo said:

Children can wait, but the condition is that they must enter the US before they turn 18

 

The restriction to travel to the US before turning 18 years old is only for those seeking to automatically acquire US citizenship based on having a USC parent.  Not applicable to your friend's kids.

 

For your friend's kids, some time after the I-130 petition has been approved, they must fill out the DS-260 visa application form within 1 year of being notified to do so.  After submitting the DS-260, it will likely take a few more years before they get a visa interview, which may be scheduled many months after their mother's interview.  No requirement for them to be below 18 at that time, but because they are still so young, they will probably be below 18 when they get an interview.

 

[Lo&jo 4]

Chancy, thank you so much for the clarification. This is very important information. Anything else they need to know? If not, I will pass on this good news to the children's parents. They couldn't get answer anywere, and here, thanks to you  everything is clear.This is good news that they can safely plan their future , not only for themself , but also for their children who are the most important. It is hardly surprising that they are afraid of the new life in a completely unfamiliar place..Every decision to emigrate is difficult..

 

Thank you, Chancy  for taking the time to help resolve the issue.. We appreciate all what you did...