MoniqueDB

I agree. You and I understand that, but she is ignorant.

If the child's CR2 visa is approved, he stands to receive a green card, which the mom will view as a benefit for herself.

Thank you for your assistance. We are fully prepared for this to be a complicated and drawn out process, but we know it's best for the child.

However, a potential green card may be enticing to the mother so she may be willing to sign the child over. Which is really sad.

That's what I was assuming. The child will stay with the paternal aunt while the petition is processing. The father is also prepared to travel back and forth as necessary once he has his green card in hand.

I understand. Perhaps I am using the language loosely. We have been working with an Antiguan attorney, local police and local social services who have determined that the mother is unfit. All are aware that the father's CR1 visa has been approved. The lawyer has explained that there is a very good chance that the father will be granted full custody and permission to remove the child from the country because the mom is unfit. If that is not the case we would seek only a visitor's visa. According to the lawyer, if the mother loses custody, the decision is no longer hers to make.

Understood. There are some other complicated custody issues that necessitate a filing for full custody. The child is unsafe with the mother per multiple social services and police reports. We are hopeful that with a court order granting full custody (and permission to leave the country) the mother's consent will not be required. We expect the custody issue to be sorted out prior to NVC. We may have to push my husband's entry for the entirety of the 6 month window to get things sorted out. I don't expect that the mother will give permission willingly. If not, I expect we would have to seek a visitor's visa only. We're just trying to figure out what the best /permissible route is and what the requirements are for each (I-130 vs. Visitor's visa). If the visitor's visa would even be an option or would it be denied because the father has a green card. Immigration is so complicated!

My husband lives in Antigua which is an island country. He shares the child with is ex-wife. In their divorce agreement the court granted permission for the child to travel internationally as that is the only way he can travel. They are required to work together to make any provisions necessary to secure the child's passport and freely allow travel. Neither can refuse to sign the necessary passport paperwork or stand in the way of travel. They share custody with liberal visitation. My husband has summer and winter holiday vacation.

Our lawyer said that they had to be done in two separate applications and that it was better to wait until the first one was approved. I did not realize that I could sponsor the child alone . I was under the impression if we did not do the applications together initially we would have to wait for my husband to arrive, receive his greencard and then petition his son himself. I just discovered today that I can actually petition for the child now before his dad arrives in the US. His dad should be coming over next month and we would like to get a headstart.

Yes CR1 visa, my apologies. He will receive his greencard when he enters. I misspoke.

My husband's greencard application was approved earlier this week. I would now like to start the petition for his 5 year old son. The child does not have a passport. I read somewhere that the passport is not necessary until the NVC stage. Is that true? Or do we need to have his passport in order to file the I-130? Any info you can offer would be helpful. Thanks so much!

Don't even worry! I am the US petitioner. I am an attorney with multiple college degrees and my husband has no college education and is in the hospitality field. I am also 8 years older than him. We were just approved at his interview on Wednesday. As long as you can show the relationship is legitimate and genuine you should be fine.

Barbados Consulate DQ on 2/28 IL on March 8 ID on April 26 SO EXCITED!

I'm in Antigua with my husband and we're an hour ahead lol! I checked my CEAC account and the message came in at 7:49 and I received the email at 8:32 EST.

DQ this morning at 9:32!