misspearce

hi im new here, just thought i would make a post to see if anyone could help me out. im wondering if anyone could help me with a checklist kind of thing for a leave to remove case that im going to start in a few months time as i want to be fully prepared.

my ex wont give permission to take my daughter(nearly 6) to move to the usa so this is the route i have to take unfortunately.

he has not seen her for around 1yr due to his drink/drug problems and violent nature, before that the contact throughout her life was not consistent at all, to the point were my daughter did not even want to go to visit him and his family, but i kept on trying to encourage her. so one day social services called me to inform me of his recent episode and said not to let him see her, even supervised (although i had stopped contact about 6 weeks before as he came round our house drunk and being threatening as he did not want me to take our daughter on holiday to the usa) otherwise they would come down on me as a parent for letting her go with him,(after the last episode i wernt anyway) and that if he wants to see her then he has to go to a solicitor and take me to court to try and get access.

well that was a year ago and he still hasn't bothered going to a solicitor. so hes not really bothered about about seeing her. he is just being spiteful, as this is his only last bit of control he has over me. trust me if my daughter had a great consistent relationship with him and his family i would never move her away from them.

so im due to get married in the summer in the u.s to my fiance (usc), and after then i want to go to court and get the ball rolling with this case, so i have been trying to research all about it, and see that i need to prepare a folder of things with research about where we are moving and how its going to benefit my daughter etc does anyone else whos been through it have some specific things that were needed so i can research it all and print it off?

thanks in advance

Sue

Hi misspearce and welcome to our little community.

Sorry to read you have having difficulties.

I can't help with your query as I've never been in your situation, but I think we've had a few members that have experience with this, so I've moved your thread to one of our US Immigration forums. Hopefully someone will be along soon who can help you.

misspearce

thanks sue

ian-mstm

Do a forum search for member janeth8711. She's in the middle of just such a mess right now.


Respectfully, I suggest you postpone the wedding until after you have LTR granted by the court. Why? What will you do if LTR is not granted? Will you abandon your daughter in the UK if you choose to live with your husband in the US? Will your USC husband be willing to move to the UK so you can keep your daughter with you?

It has happened. We've seen it happen. It's not pretty!

LTR is not a walk in the park. Many/most people have tremendous difficulty getting it granted... and the father can assert his parental rights at any time in the process - whether you like it or not, or whether he's shown any interest or not.

Ian

misspearce

Hi thanks for reply, no way would i leave her lol i cant even go a night without her! See i wernt sure about what to do first, get married or start the ltr, i dont want it to come across like im just wanting to flit of with my fancy man kind of thing, we wanna get married soon anyway but i thought it might look better that i am married? And another thing would the judge want to have the visa approved before such case? Or is it best not to apply for visas and if i granted ltr then apply? But then i cant apply for the spouse visa inless i was married anyway, god this is all hard. Thanks for your help

Noorah101

You can go ahead and get married on schedule....as long as your husband-to-be is aware of all the difficulties, and is aware that IF your daughter is not allowed to leave the UK, that he will most likely need to move to the UK until she's of age. Have that discussion with your fiance first, and then decide what you want to do.

Rene

Oregon Bound

Similar situation here where my ex is not wanting to grant permission for me to take the children to the US. I will hopefully be applying for the K1 (fiancee visa).
I beleive that unless you have permission to remove the children from either the parent or the courts then you can not apply for visa's for them.

misspearce

Hi , yes we have discussed the what ifs, if i didnt get the ltr he would most deffinetly come here, but would prefer to move to the us if we can as he also has just got another 10 yr contract with his union aswell, but if it came down too it he would move, which is a plus.

Ohh right im sure i read somewhere about someone still applying for visas and going through the ltr but trying to put the medical and interview on hold until the case was over so that then at the interview they could then show the needed document/s? Unless i mis understood it? How far along in the ltr are you? Thanks for all the info guys

Noorah101

The visas can be applied for. What will happen is, you'll go to the interview (with your child). The Officer will ask to see the letter or court order. If you don't have it, the Officer will give you some time to obtain it and return it to her. I don't know how long they give you to return requested items, though.

Rene

misspearce

Interesting, i wonder if it would make a difference to the court wether you have already applied for them or not hmmm as it would be a waste of money too if the ltr got refused

teach_says

Alongside going to court for ltr, also get yourself a noterized statutory declaration done at a solicitors.

lansbury

Why, if you've got a court order, do you need anything else?

lansbury

You don't mention if you have a solicitor. I would suggest that this is not a do it yourself application and a solicitor, one who knows the court where the case will be heard, can also advise you how the court view these matters. Some courts might see your wedding as a sign you think their approval is a forgone conclusion and take a dim view of it. Also they will know what that particular court looks for in such cases, and what you need to show them to get the LTR granted. Courts have their quirks, just like any organization.

teach_says

I have it to cover all bases... If her interview comes up before a decision is made she can show it at the embassy (this is the advice I was given at my solictors). Getting ltr can be a long process, but if she has a court order in hand it's not needed.

Another tip I've been given is not to volunteer information, only answer what is asked.

lansbury

Thanks thought I might have overlooked something in the process.