Immigration with a child
Jan 10th 2021, 12:08 am
#16
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Re: Immigration with a child
Hi Halena,
I moved your thread into the marriage-based forum, where perhaps more people with children have immigrated. You can also try searching on this forum for the topic.
I haven't looked, but does the US Embassy London website (Immigrant Visa section) specify what documents might be needed? How about the immigrant visa application instructions?
If you can't get the father's permission, I know you will need a court order, but I have no idea what the name of such document is. You'll probably need to get a lawyer involved.
Rene
Moderator
I moved your thread into the marriage-based forum, where perhaps more people with children have immigrated. You can also try searching on this forum for the topic.
I haven't looked, but does the US Embassy London website (Immigrant Visa section) specify what documents might be needed? How about the immigrant visa application instructions?
If you can't get the father's permission, I know you will need a court order, but I have no idea what the name of such document is. You'll probably need to get a lawyer involved.
Rene
Moderator
Thank you for replying and moving my post. I've searched everywhere and it doesn't mention it when I look at the US Embassy website or the UCIS either. Single mothers must emigrate with their children from a previous relationship often I would have thought? Just surprises me there isn't more information out there. I think I'll need a specific issue court order and a child arrangement order which specifies I am responsible for all decisions relating to the child (I guess the closest thing to soul custody) I'll definitely need legal advice, probably best to do it soon as I plan to marry next year! Thanks 😊
Jan 10th 2021, 1:44 am
#17
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Re: Immigration with a child
I suggest you consult with a solicitor who does know what is necessary. If they don’t know she should be willing to find out.
Both the US and the UK are parties to The Hague Convention on International Child Abduction. (If you are curious, Google “Elizabeth Morgan” That case is controversial to this day. But I digress)
A suitable arrangement order might do the trick. Do get that legal consultation.
It might be easier than you think to locate dad and get that consent. I suggest that this be done through a third party.
Both the US and the UK are parties to The Hague Convention on International Child Abduction. (If you are curious, Google “Elizabeth Morgan” That case is controversial to this day. But I digress)
A suitable arrangement order might do the trick. Do get that legal consultation.
It might be easier than you think to locate dad and get that consent. I suggest that this be done through a third party.
Jan 10th 2021, 2:12 pm
#18
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Re: Immigration with a child
This is not a DIY situation and yes you need a competent Family Lawyer.
From what you have said sounds like you should be able to get a suitable Court Order.
Which visa are you looking at? How old is the child?
From what you have said sounds like you should be able to get a suitable Court Order.
Which visa are you looking at? How old is the child?
Jan 10th 2021, 2:16 pm
#19
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Re: Immigration with a child
Hey it would be a spousal visa for me. Can my husband-to-be petition for my daughter too? Or would I need to petition for her if my visa is approved? My daughter is 11 years old.
Jan 10th 2021, 2:21 pm
#20
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Re: Immigration with a child
I suggest you consult with a solicitor who does know what is necessary. If they don’t know she should be willing to find out.
Both the US and the UK are parties to The Hague Convention on International Child Abduction. (If you are curious, Google “Elizabeth Morgan” That case is controversial to this day. But I digress)
A suitable arrangement order might do the trick. Do get that legal consultation.
It might be easier than you think to locate dad and get that consent. I suggest that this be done through a third party.
Both the US and the UK are parties to The Hague Convention on International Child Abduction. (If you are curious, Google “Elizabeth Morgan” That case is controversial to this day. But I digress)
A suitable arrangement order might do the trick. Do get that legal consultation.
It might be easier than you think to locate dad and get that consent. I suggest that this be done through a third party.
Yes I will certainly be getting some legal advice ASAP!
Thanks
Jan 10th 2021, 2:24 pm
#21
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Re: Immigration with a child
I suggest you consult with a solicitor who does know what is necessary. If they don’t know she should be willing to find out.
Both the US and the UK are parties to The Hague Convention on International Child Abduction. (If you are curious, Google “Elizabeth Morgan” That case is controversial to this day. But I digress)
A suitable arrangement order might do the trick. Do get that legal consultation.
It might be easier than you think to locate dad and get that consent. I suggest that this be done through a third party.
Both the US and the UK are parties to The Hague Convention on International Child Abduction. (If you are curious, Google “Elizabeth Morgan” That case is controversial to this day. But I digress)
A suitable arrangement order might do the trick. Do get that legal consultation.
It might be easier than you think to locate dad and get that consent. I suggest that this be done through a third party.
Jan 10th 2021, 2:27 pm
#22
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Re: Immigration with a child
Actually ASAP is not needed. I would say otherwise if it was a more contentious situation but on the basis of what you said it is getting the paper side of things sorted.
So You are looking at moving 2023/4 with that time line, she will be about 14.
Your then husband would sponsor you and her, basically he can sponsor her as a step child, she is young enough.
So You are looking at moving 2023/4 with that time line, she will be about 14.
Your then husband would sponsor you and her, basically he can sponsor her as a step child, she is young enough.
Jan 10th 2021, 2:33 pm
#23
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Re: Immigration with a child
Actually ASAP is not needed. I would say otherwise if it was a more contentious situation but on the basis of what you said it is getting the paper side of things sorted.
So You are looking at moving 2023/4 with that time line, she will be about 14.
Your then husband would sponsor you and her, basically he can sponsor her as a step child, she is young enough.
So You are looking at moving 2023/4 with that time line, she will be about 14.
Your then husband would sponsor you and her, basically he can sponsor her as a step child, she is young enough.
Jan 10th 2021, 2:35 pm
#24
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Re: Immigration with a child
Thanks for the info. Yeah I knew about the Hague Convention but wasn't sure if the only time the child could be deported would be if the other parent went to court after the child had been taken. It looks like I wouldn't even be able to leave the UK with her permanently anyway so I could never be accused of child abduction?
Yes I will certainly be getting some legal advice ASAP!
Thanks
Yes I will certainly be getting some legal advice ASAP!
Thanks
I don’t understand, given what you have already said about violence, why you think there is no possibility of your daughter leaving the UK? AFAIK you have to show the court that you have tried to locate your ex. ie ad in newspapers. Then it is up to the court. Even if you locate him and he refuses, you can still take this to court.
Jan 10th 2021, 2:40 pm
#25
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Re: Immigration with a child
I don’t understand, given what you have already said about violence, why you think there is no possibility of your daughter leaving the UK? AFAIK you have to show the court that you have tried to locate your ex. ie ad in newspapers. Then it is up to the court. Even if you locate him and he refuses, you can still take this to court.
Jan 10th 2021, 2:40 pm
#26
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Re: Immigration with a child
Yeah I would try and sort the arrangement order within the next year or so to avoid it getting too close to the time I'd like to leave. Yes she will be about 14 if I am able to marry him this year or next year plus I would need to get my affairs in order so 14 sounds accurate. I would certainly start the process way before she is 18 years old.
Jan 10th 2021, 2:49 pm
#27
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Re: Immigration with a child
Indeed this is all going to take time! When I visit next time I'll look into schools more thoroughly but for now I'll need to make sure I can legally take her. Yes if she is 16-18 and doesn't want to come with me then this will be another decision altogether.
Jan 10th 2021, 4:03 pm
#28
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Re: Immigration with a child
A quirk in US immigration law is that children (including step-children) are NOT included in the relatives entitled to “accompany or follow to join.” Hence, she will need a separate I-130 by her step-father. (This is a mistake baby immigration lawyers often make, but only once). As a further quirk, the K-1/2 fiancé visas DO allow for accompany or follow to join. (This comes in handy when the child is between 18 and 21 years of age).
Jan 10th 2021, 4:15 pm
#29
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Re: Immigration with a child
Step-children are included in the immigration definition of “child” provided the underlying marriage takes place before the child turns 18. (Note 18 refers to creation of the parent-child relationship. The relationship itself is unmarried, under 21).
A quirk in US immigration law is that children (including step-children) are NOT included in the relatives entitled to “accompany or follow to join.” Hence, she will need a separate I-130 by her step-father. (This is a mistake baby immigration lawyers often make, but only once). As a further quirk, the K-1/2 fiancé visas DO allow for accompany or follow to join. (This comes in handy when the child is between 18 and 21 years of age).
A quirk in US immigration law is that children (including step-children) are NOT included in the relatives entitled to “accompany or follow to join.” Hence, she will need a separate I-130 by her step-father. (This is a mistake baby immigration lawyers often make, but only once). As a further quirk, the K-1/2 fiancé visas DO allow for accompany or follow to join. (This comes in handy when the child is between 18 and 21 years of age).
Jan 10th 2021, 5:41 pm
#30
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Re: Immigration with a child
I have just read that from the age of 16 my daughter can legally come with me according to UK law. If I don't go through the costly process of court I may have to wait another 5 years I guess!
