mumstheword

My ex-husband wants to take my 14 year old son to live with him in USA. He is married to an American woman. I am worried about how long my sons visa application would take and would he be allowed back to the UK to visit me whilst visa is being processed? My partner is in similar position with his 2 sons who he has not seen for 18 months as their visas are not through in Canada. Can anyone help?
Thanks

Noorah101

Is your son with you now in the UK?

His visa process all happens in the UK, so no need for him to come "home" for a visit. When he immigrates to the USA, he becomes a Permanent Resident upon entry (assuming he gets an Immigrant visa, not a K-4), and once he has his green card, he can come back to visit you easily.

Rene

ian-mstm

Your ex will need your written permission to remove your son from UK jurisdiction.


He will remain in the UK *while* it is being processed. He will leave the UK only after he has the visa.

Ian

mumstheword

Thanks for those replies. How long does it take to process the visa here?

ian-mstm

Hard to say for sure, but I'm guessing about 6 - 8 months. To clarify, your ex will not be the one to apply for your son... I'm pretty sure the USC wife will have to do that (unless your son was included on her original petition to get her new husband to the US). I'm sure someone will correct me if I'm mistaken.

Ian

mumstheword

Hi - yes my son is here. We are going through a residency case. My ex seems to be planning though to fly my son straight out if he wins residency. He is married to an American and says he can get a visa on the step son relationship. Do you know how long it would take to get his visa? Sounds like he should stay here while that happens.
Thanks for your help

Noorah101

I would say from the time your ex (or his USC wife) applies for your son, until the time your son gets the visa in hand, 6 to 8 months. He can visit the USA in the meantime, but he can't move to the USA until he has the visa in hand.

You should provide written permission for your son to move to the USA permanently.

Rene

mumstheword

Thanks very much that is so useful. Does anyone know when my son would be eligible to attend US High School? Would he need his visa first?

Noorah101

Well, he won't really BE in the USA until he gets his visa, right? He wouldn't just go to school for a couple of months while on the VWP and then come back to the UK to go to school and then go back to the USA school when he gets his visa, would he? Isn't that too much jumping back and forth during the school year?

mumstheword

Well my ex is saying that he can fly out with him and everything can be processed there, which is why I am worried. He is saying that he will attend High School straight away. I have the court case on 18 Dec and my ex has booked his flight for the 20 - to take him permanently.

Noorah101

Can you explain please exactly who is where?

Is your ex husband in the UK or the USA? What visa is he getting to immigrate to the USA?

If he's planning to leave with the son on Dec 20, then it seems their visa paperwork has already been processed, for both your ex and your son. Is this the case?

I was assuming your ex was already in the USA, already a permanent resident of the USA. It seems this is not the case after all.

We need more details as to your ex's immigration and visa, and whether he's included the son in that process or not.

I guess the bottom line questions are:

1. Is your ex in the UK right now, or the USA?
2. If he is in the UK, what visa did he get, was it a CR-1 (Immigrant Visa) or a K-3?
3. Was the son included in your ex's visa paperwork? What visa will your son be getting, the derivative of the CR-1, or a K-4?

Since he's leaving so soon (Dec 20), I'm assuming he's already done all the visa processing necessary.

I HOPE that your ex is not planning on going to the USA on the VWP and adjusting status there, and bringing the son along to do the same. That is illegal.

You need to find out for sure what has already been done immigration-wise with both your ex and your son.

Rene

Noorah101

Just wanted to mention, though, that whenever your son immigrates to the USA, he can start school right away.

Rene

Duncan Roberts

Unless I've missed something. If your son does not have a visa in hand, right now, he almost certainly won't be leaving permanently on the 20th. If you haven't given written permission for your son to leave the country, he won't be going anywhere..

Noorah101

What is the court case for?

Rene

mumstheword

My ex husband lives in New York and is married to a USC who will sponsor my son as her step son. My son was not included on any visa application, not as far as I am aware anyway. As far as I know, nothing has been submitted about my son. I certainly have not provided any info or my permission.
I believe that my ex is planning to take my son on a visitors visa and then apply for residency when there.