Bringing teens to live in USA, other parent non-consent + court

[IsabelleFredrick 6]

I am starting custody battle in court in my home country. My teens live with their dad, who is not allowing them to live with me. 

I want to time the visas being approved with the court date so that I get the kids' visas around the same 6 months that court finishes. (In a year or two).

Is it possible to apply for my visas for my teens without their dad's approval, considering if I win the court case, he will have to approve the visas, otherwise the courts will sign on his behalf.

I have not filled in I assume will be i130s, so do not know what they ask of me, or where the USCIS letters would go in my home country, considering the embassy and interviews will be there, and I am in the USA.

Could I have the letters go to my family's address in that country instead of the kids' address? 

 

Any ideas on how to time this/do it? 

 

TIA

[Boiler 45,743]

Are you sponsoring them or is your spouse sponsoring them.

 

How old are they?

 

Have you started the process?

[JeanneAdil 6,583]

South Africa Children's Act there are 3 types of custody

you would need the father's permission if shared or joint custody is determined 

 

Even if  u r granted sole custody ,  the father can be granted visitation rites and u may not be able to take them out of SA

All this is up to the court 

 

https://www.bartermckellar.law/family-law-explained/understanding-child-custody-and-visitation-rights-in-south-african-divorce-proceedings#:~:text=Child custody%2C now referred to,joint custody and shared custody.

 

Sole Custody: One parent is given primary responsibility for the child. This is usually awarded when the other parent is deemed unfit or it is in the child’s best interest.

Edited March 14 by JeanneAdil

[IsabelleFredrick 6]

@Boiler

My spouse will sponsor them.

They are 11 and 14. 

I have not started the process.

Edited March 14 by IsabelleFredrick

[Boiler 45,743]

I am not familiar obviously with SA law on this matter, so presumably you have retained a Family Lawyer in SA and have an opinion that you have a chance? I know that if it was the UK it would be uphill.

 

Or of it was the other way around.

 

Nothing to stop your Husband petitioning them now.

[Redro 4,611]

4 hours ago, IsabelleFredrick said:

@Boiler

My spouse will sponsor them.

They are 11 and 14. 

I have not started the process.

Start the process now. File the I-130 for each child ASAP. 

But, you will need documentation in about a year showing you have permission for the children to leave SA and live in the US. 

If the I-130 is approved before you win full custody, you can pause the case at the NVC stage while you wait for the documentation. 

 

[Dashinka 24,649]

To add to what @Redro suggested which I agree with (file the I130s now), you can delay the cases at the NVC stage if the timing does not exactly match up with the custody process.

 

Good Luck!