Son visiting UK whilst applying for Visa
Nov 26th 2008, 6:40 pm
#46
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Re: Son visiting UK whilst applying for Visa
Originally Posted by ;7012819
My ex has supplied the following info in his statement to the court on a headed letter from an attorney in New York : 1. As a UK citizen, C will be able to enter the US under the VWP.
2. Upon entry to the US, your wife may file an I-130 Immigrant Petition for C as her stepchild. The application will process in approx 12-18 mths and you, your wife and your son may need to attend an interview with USCIS in New York.
Once the petition is filed, C will be able to legally stay in US and attend school.
2. Upon entry to the US, your wife may file an I-130 Immigrant Petition for C as her stepchild. The application will process in approx 12-18 mths and you, your wife and your son may need to attend an interview with USCIS in New York.
Once the petition is filed, C will be able to legally stay in US and attend school.
My reason for posting on this site was to check out the process on entering the US and see whether what my ex is planning is acceptable. Also, I was concerned that, once in US, my son would not be allowed back to the UK whilst his green card was being processed. i|t now sounds like this is the case.
Last edited by Rete; Nov 27th 2008 at 11:51 pm.
Nov 26th 2008, 6:42 pm
#47
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Re: Son visiting UK whilst applying for Visa
Originally Posted by ;7012862
........I was concerned that, once in US, my son would not be allowed back to the UK whilst his green card was being processed. i|t now sounds like this is the case.
The problem would be returning to the US...
Last edited by Rete; Nov 27th 2008 at 11:51 pm.
Nov 26th 2008, 6:43 pm
#48
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Re: Son visiting UK whilst applying for Visa
http://www.uscis.gov/portal/site/usc...0045f3d6a1RCRD
". If your child, son or daughter is legally inside the United States when a visa number, if necessary, becomes available, he or she may then apply to adjust to Permanent Resident status. "
Nov 26th 2008, 6:44 pm
#49
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Re: Son visiting UK whilst applying for Visa
There was a case a few months ago where a Brit mum was considering having her daughter 'come and stay'. The clear advice at the time (including from Mr. F, if memory serves me right), was that this was illegal.
[What was her name again....... married to a USC soldier.......... whatever happened to her...]
[What was her name again....... married to a USC soldier.......... whatever happened to her...]
Nov 26th 2008, 6:44 pm
#50
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Re: Son visiting UK whilst applying for Visa
Originally Posted by ;7012862
Just to reassure everyone - I am doing everything I can on the custody front. I have looked after my 3 children alone all their lives but my 14 yr old is somewhat attracted to the bright lights of New York, his wealthy father's house, huge plasma tv and lots of promises.......he has been giving mixed messages to court welfare officers and his father has told him that if he does not go now, he can never go.
My reason for posting on this site was to check out the process on entering the US and see whether what my ex is planning is acceptable. Also, I was concerned that, once in US, my son would not be allowed back to the UK whilst his green card was being processed. i|t now sounds like this is the case.
My reason for posting on this site was to check out the process on entering the US and see whether what my ex is planning is acceptable. Also, I was concerned that, once in US, my son would not be allowed back to the UK whilst his green card was being processed. i|t now sounds like this is the case.
Last edited by Rete; Nov 27th 2008 at 11:52 pm.
Nov 26th 2008, 6:46 pm
#51
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Re: Son visiting UK whilst applying for Visa
There was a case a few months ago where a Brit mum was considering having her daughter 'come and stay'. The clear advice at the time (including from Mr. F, if memory serves me right), was that this was illegal.
[What was her name again....... married to a USC soldier.......... whatever happened to her...]
[What was her name again....... married to a USC soldier.......... whatever happened to her...]
http://britishexpats.com/forum/showt...r+usc+daughter
Nov 26th 2008, 6:50 pm
#52
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Re: Son visiting UK whilst applying for Visa
Nov 26th 2008, 6:56 pm
#53
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Re: Son visiting UK whilst applying for Visa
Sounds like they may possibly be able to do it:
http://www.uscis.gov/portal/site/usc...0045f3d6a1RCRD
". If your child, son or daughter is legally inside the United States when a visa number, if necessary, becomes available, he or she may then apply to adjust to Permanent Resident status. "
http://www.uscis.gov/portal/site/usc...0045f3d6a1RCRD
". If your child, son or daughter is legally inside the United States when a visa number, if necessary, becomes available, he or she may then apply to adjust to Permanent Resident status. "
That is not the case here.
Nov 26th 2008, 6:58 pm
#54
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Re: Son visiting UK whilst applying for Visa
Yes that's my fear. Actually a friend of mine is in exactly this position. His 2 sons went to live with their mother 18 mths ago in Canada - they were previously living in the UK with him. He has a UK court order stating they have to visit here 3 times per year but they do not yet have their residency papers and would not be allowed back into Canada if they visited their father here. It is his case that alerted me to the problem I might face with my own son should my ex win custody of him.
Nov 26th 2008, 6:58 pm
#55
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Re: Son visiting UK whilst applying for Visa
As part of the AOS package, can't they apply for AP? That would allow the child to go visit the UK (and return to the USA) while waiting for the AOS to process.
Of course, I understand the goal is not to let the child leave the UK at all. And, he'd miss school going back and forth a lot.
Rene
Of course, I understand the goal is not to let the child leave the UK at all. And, he'd miss school going back and forth a lot.
Rene
Nov 26th 2008, 7:00 pm
#56
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Re: Son visiting UK whilst applying for Visa
As part of the AOS package, can't they apply for AP? That would allow the child to go visit the UK (and return to the USA) while waiting for the AOS to process.
Of course, I understand the goal is not to let the child leave the UK at all. And, he'd miss school going back and forth a lot.
Rene
Of course, I understand the goal is not to let the child leave the UK at all. And, he'd miss school going back and forth a lot.
Rene
Nov 26th 2008, 7:09 pm
#58
Joined: Apr 2002
Posts: 35,082
Re: Son visiting UK whilst applying for Visa
Sounds like they may possibly be able to do it:
http://www.uscis.gov/portal/site/usc...0045f3d6a1RCRD
". If your child, son or daughter is legally inside the United States when a visa number, if necessary, becomes available, he or she may then apply to adjust to Permanent Resident status. "
http://www.uscis.gov/portal/site/usc...0045f3d6a1RCRD
". If your child, son or daughter is legally inside the United States when a visa number, if necessary, becomes available, he or she may then apply to adjust to Permanent Resident status. "
Parent, Spouse, Child under 21
The child can 'do it' the same as a spouse can. The issue is intent at arrival. Sheesh, go back to the thread you were on yesterday where MDU spelled it out again. AND MrF's comments in that thread.
Nov 26th 2008, 7:17 pm
#59
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Re: Son visiting UK whilst applying for Visa
An Immediate Relative is an Immediate Relative is an Immediate Relative.
Parent, Spouse, Child under 21
The child can 'do it' the same as a spouse can. The issue is intent at arrival. Sheesh, go back to the thread you were on yesterday where MDU spelled it out again. AND MrF's comments in that thread.
Parent, Spouse, Child under 21
The child can 'do it' the same as a spouse can. The issue is intent at arrival. Sheesh, go back to the thread you were on yesterday where MDU spelled it out again. AND MrF's comments in that thread.
Just wondering - since it appears a New York attorney says it's legit.
Nov 26th 2008, 7:19 pm
#60
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Re: Son visiting UK whilst applying for Visa
As part of the AOS package, can't they apply for AP? That would allow the child to go visit the UK (and return to the USA) while waiting for the AOS to process.
Of course, I understand the goal is not to let the child leave the UK at all. And, he'd miss school going back and forth a lot.
Rene
Of course, I understand the goal is not to let the child leave the UK at all. And, he'd miss school going back and forth a lot.
Rene