Kerry489

I am hoping someone will be willing to share their experience/knowledge to help either allay my current panic, or to guide me on what needs to be done with regard to evidence required to prove "sole responsibility"

Please bear with me as I outline (as briefly as possible) the past & current situation as, I believe, herein lies the "legal difficulties" I am concerned about.

Relevant background/information:
* British born sponsor (my son!) - lives 7 works in UK
* USA fiancée & her 2 children from a previous relationship (11 & 12 yrs old - they never married but lived together)
* Both children - same biological father, he's named on birth certificates & they use his surname
* marrying in USA in July 2018

When his fiancée's relationship broke up, she moved into her mother & her partner's home with the children, due to the lack of sufficient means to financially support herself & 2 children initially. They maintained contact with their paternal grandparents after the break up.

Despite limited room & the need for them all to share one bedroom, this arrangement continued for some time. During this time, she enrolled in college/university as well as working 1-2 jobs to support herself, her children & to pay tuition fees. She then became seriously ill and was hospitalised. During this time, and her subsequent recuperation period, it became obvious that her current situation was no longer sustainable . . . as her mother & her partner both worked full time (& shift-work), it was not possible for an able-bodied adult to be always available to help care for the children. As a result, their paternal grandparents offered to have the children live with them. However, their father also lived at this address with his new partner and, despite it being the paternal grandparents who provided daily care, albeit with as much financial support as possible from their mother, he did live there . . . (& this, I believe, is one factor that will make proving "sole responsibility" difficult!).

This situation continued for approximately 2 years, during which time, they stayed with their mum & maternal grandmother at weekends, school holidays etc and, as their mother's health improved & she returned to work & studying, the situation continued until such times as she could afford to provide a home for them all to be together.

In Oct/Nov 2017, my son's fiancée and her 2 children moved into a rented flat in USA. However, the children still attend the same school, go to the same after school activities etc and, as such, they still have daily contact with paternal grandparents (and contact with their father). They assist with childcare (the children go to their house before & after school so that their mother can go to work) and they help to pay & support the many out-of-school activities their grandchildren are involved in (take them to football practise etc). They also have very regular contact with their maternal grandmother & the extended family.

Now that I have detailed "the situation", here are my concerns

My research indicates that, in order for my son & his fiancée to bring the 2 children to UK after their marriage, she needs to prove not just "full custody" (she'll have to get a court order??? - says that won't be contested), but additionally, and more importantly, prove "sole responsibility". Given the scenario above, I just cannot see how that will be possible.

I am informed that, although they have obviously had "contact with their other parent" (term used continuously in proving "sole responsibility" guidelines/definitions/advice blogs ), it is not directly him who has been providing any of the care, financial support etc . . . but the paternal grandparents have (I believe this is still a problem going by all my reading!). I understand the father supports the children's future settlement in UK but, from my research, i believe a letter confirming this is not sufficient and can, in itself, be a problem as, if he is giving his "approval" then he has, by default, a say in the matter, thus my son's fiancée doesn't have "sole responsibility". How on earth are they going to resolve this?

I'm really, really sorry for the information overload but I am hoping that, by giving as much information as I have, that some kind soul will tell me that, in their experience, I am worrying about nothing and that is ALL that is needed Unlikely, I suspect . . . a miracle is needed I think

Thank you, in anticipation, for sharing . . .

SanDiegogirl

In order for the mother to remove the children from the US, she will need a court order (or some other legal paper) giving the father's permission to do so.

Also the order will provide details if any requirements are placed on the children's stay in the UK ie. visiting other parent for a period in the year etc. or whether mother will have sole custody with no further involvement from father.

In this particular case, with so much involvement with grandparents, THEY may also have a say in the matter.

Your son and fiancee need to get legal advise and the situation sorted before applying for visa.

Kerry489

Many thanks SanDiegogirl for taking the time to respond, especially so quickly.

I will advise my son's fiancée to seek legal advice in USA when I speak to her later.

The tone of your reply has, in a big way, alleviated some of my immediate panic since reading about the "sole responsibility" requirement. I realise that this requirement is not an unimportant element of the children's visa application (in fact the very opposite I suspect!) , but at least your reply wasn't, "not a cat in hell's chance . . . " considering the parental/paternal involvement (this was, unfortunately, a response I read over the weekend to some other poor, distraught person looking for advice.

I am now levelling out from my tail-spin . . . no doubt there will be much spinning before this process is completed, but hopefully it will be limited to the odd turn as I am too long in the tooth for this spinning lark!

Thanks again . . . greatly appreciated.