Need help and ideas - petition still pending at the Embassy

[SparklePony 238]

Hello, everyone. Mine is a bit of a long story, so please bear with me.

As you can see from my signature, my fiance filed the I-129F petition in November of 2013. The petition was approved late January of 2014 and everything went well with that, leading to my receiving packet 3 from the Paris Embassy in early March. I have two children who have always been with me, and for whom I want to get K2s. However, their father, who emigrated out of the country in June of 2013, refused to sign any authorization, so I had to take the custody issue to court, here, in Portugal. It's been months, and the case is still being handled. There have been two hearings already, and the court has requested that we both be interviewed by a social worker - I've already gone through mine, I don't know about him. There's no way to predict when this will finally get settled, even though I requested that my case be expedited on account of my pending visa, and that request was granted.

When I realized that I would not be able to send in the packet 3 reply to the embassy on time, I contacted them and was told to send in original dated and signed Continued Intent to Marry letters from both me and my fiance, every 4 months (they did not say how many times). I sent in the first batch of letters in May, and saw the corresponding date update on the CEAC website. Sent a second batch in September, and again saw the CEAC update. Sent in a third batch a few weeks ago, have confirmed through the postal tracking option that the letter was received a few days ago, but there has been no update on the CEAC website.

I contacted the embassy to inquire if our case is still okay, explaining what's been going on and why I was contacting them, and received a reply that not only didn't even address my question, but actually asked that I send in the DS-2001. I have replied back saying I can't send it in because a) I don't yet have authorization for my children to emigrate, which is one of the documents the embassy requires, b) I don't even know whether to file the DS-160 for me and them, or just me, and c) my children can't leave the country to attend the visa interview without the father's permission, which I'm quite sure he won't provide (Portugal cases are interviewed in Paris). All I really want is to make sure we're still good to go as soon as the court's decision comes in.

With the CEAC website not being updated, I'm starting to freak out, and getting scared our case will expire and get sent back, and that we'll have to start all over. So, my question here is what can we do preemptively, aside keeping in contact with the embassy, if anything, and if the case does get sent back to the NVC, what then?

Any thoughts, ideas, suggestions, support is welcome. I'm so sick and tired of waiting for this court thing to clear - it's been 11 months already.

Also, a while back, someone on here suggested I should have cleared the court case beforehand. It wouldn't have been possible, if for nothing else, because the father would have claimed my intention to emigrate was fake - he's already claiming that now, even though I used a copy of the NOA2 as proof for the expedite request and he has access to all paperwork regarding the case. He also led me on when I first asked him to sign the authorization, until he said he wouldn't, which is when I filed with the court.

Thanks.

Edited January 28, 2015 by SparklePony

[baron555 934]

When I realized that I would not be able to send in the packet 3 reply to the embassy on time, I contacted them and was told to send in original dated and signed Continued Intent to Marry letters from both me and my fiance, every 4 months (they did not say how many times).

You got lucky with that; most would just deny the visa and you'd have to start all over again.

I sent in the first batch of letters in May, and saw the corresponding date update on the CEAC website. Sent a second batch in September, and again saw the CEAC update. Sent in a third batch a few weeks ago, have confirmed through the postal tracking option that the letter was received a few days ago, but there has been no update on the CEAC website.

I I have replied back saying I can't send it in because a) I don't yet have authorization for my children to emigrate, which is one of the documents the embassy requires,

Yes they do.

b) I don't even know whether to file the DS-160 for me and them, or just me,

Might be best to just withdraw the petition and start over once you have the notarized agreement from the father. I'd stick to plan that all will be immigrating.

and c) my children can't leave the country to attend the visa interview without the father's permission, which I'm quite sure he won't provide

Then you may have to rethink you life plans.

(Portugal cases are interviewed in Paris). All I really want is to make sure we're still good to go as soon as the court's decision comes in.

With the CEAC website not being updated, I'm starting to freak out, and getting scared our case will expire and get sent back, and that we'll have to start all over. So, my question here is what can we do preemptively, aside keeping in contact with the embassy, if anything, and if the case does get sent back to the NVC, what then?

Offer the father money.

Any thoughts, ideas, suggestions, support is welcome. I'm so sick and tired of waiting for this court thing to clear - it's been 11 months already.

Also, a while back, someone on here suggested I should have cleared the court case beforehand.

Yep it's suggested to have this document in hand before any petition is filed....since it is a total show-stopper....as you know.

It wouldn't have been possible, if for nothing else, because the father would have claimed my intention to emigrate was fake - he's already claiming that now, even though I used a copy of the NOA2 as proof for the expedite request and he has access to all paperwork regarding the case. He also led me on when I first asked him to sign the authorization, until he said he wouldn't, which is when I filed with the court.

Typical behavior.....offer more money to make him go away.

[SparklePony 238]

You misunderstood - the father won't sign, no matter what. He wants the children for himself. The solution - which is why I'm in court - is to get full custody. The embassy will accept that, because full custody means only my input is needed in deciding where the kids will live. It will also mean the kids will be able to leave the country with my permission alone.

Edited January 28, 2015 by SparklePony

[baron555 934]

You misunderstood - the father won't sign, no matter what. He wants the children for himself. The solution - which is why I'm in court - is to get full custody. The embassy will accept that, because full custody means only my input is needed in deciding where the kids will live. It will also mean the kids will be able to leave the country with my permission alone.

No, I understand. You probably won't be able to string the Embassy along forever and should resign yourselves to eventually be told that the petition will be denied or withdraw it yourself. Then you have to gain full custody and then file another petition. If the Embassy will keep delaying things, make sure you bring them donuts to your interview because they are bending over more than backwards for you. Good Luck.

[SparklePony 238]

I have read on here more than once that you can request extensions on the expiration date on your petition for 4 months, three times, which extends your petition for up to a year. Maybe it's only some embassies that do that? I don't know. I got the feeling it wasn't that uncommon a procedure, but I may be wrong.

ETA: A quick VJ search showed up many threads on this, and there's even a Sample Letter in the Forms section.

Edited January 29, 2015 by SparklePony