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Re: Question: CR-1 timeline with criminal record
Originally Posted by theJBs
(Post 11952594)
We have already offered the ex husband $150, 000 cash and to cease child support (and obviously with the free healthcare in the UK medical payments would stop too)....We offered that the children would go back to America every school holiday - which is broken up very differently to the US school system (which would cost us roughly £7, 000 in tickets each year). But. He's having none of it.
The girls aren't leaving America any time before they are 18. Either way I really hope something works out for you. The immigration wheel is not a pleasant one at the best of times. My wife would lose her patience with the system when we were going through a very simple AOS. My fingers are crossed for you. |
Re: Question: CR-1 timeline with criminal record
It doesn't matter what the ex-husband thinks or decides if a court rules in your favour. If he isn't in the children's lives and you can offer that they spend every holiday with him, I think your chances are reasonable that a judge would allow you to move them to the UK. You could at least try, hopefully it would cost less than 150,000 dollars.
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Re: Question: CR-1 timeline with criminal record
Originally Posted by theJBs
(Post 11952594)
We have already offered the ex husband $150, 000 cash and to cease child support (and obviously with the free healthcare in the UK medical payments would stop too)....We offered that the children would go back to America every school holiday - which is broken up very differently to the US school system (which would cost us roughly £7, 000 in tickets each year). But. He's having none of it.
The girls aren't leaving America any time before they are 18. Our only chance is the E2 business visa. I asked the solicitor how my applying for the CR1 would affect the E2 process and he said we should stop where we are and in a year the USCIS will send a letter out telling me they are ready to proceed with my CR1 immigrant visa, he said ignore that and in another year they'll do the same and then they'll close the case. He said do that or write to them and tell them I am not going to proceed with the CR1 visa. I am due to visit in a few weeks so I also wanted to know what to tell the boarder patrol at secondary questioning....do I say I am still in the CR1 process or do I say we are about to begin the E2, or do I say I am just visiting my wife and kids....He said i could say either as all would be the truth. The E2 is going to take a ****ing long time. The waiver for my holiday visa runs out in August and there isn't another appointment at the embassey till the beginning of August - it'll then take over 6 months to be approved for the waiver and I am concerned they won't approve it purely on the basis that I have an American wife and they'll view me as a immigration risk. Frustrating and I feel a right ****. My step daughters had a dad in the house who didn't do anything with them and now they've got me who does everything for and with them but I'm non existant. I agree with Ian. I think you need to bring the CR1 application to a close. With that hanging in the air, you will be less likely to be approved for a non-immigrant visa. Essentially, you are (in the CR1 application) stating your immigrant intent. To then state that you do not have immigrant intent (required for non-immigrant visas) would certainly raise questions. There is a presumption that you are an intending immigrant in all non-immigrant visa applications that YOU have to overcome. That is difficult to do when you have an American wife! I honestly do not think there are any clear cut solutions for you at this point. My belief is that you have a better chance of challenging the custody arrangements in court and moving your wife and step children to the UK than you do of gaining access to the US. I'm not saying a move to the US is impossible, just that it is in my opinion unlikely. It is easy to view your situation from your personal perspective but you really have to see things the way that the US authorities do. All visa applications, immigrant or non-immigrant involve a review of your travel history to the US and any visa applications you have made. Looking at it from their perspective, I think you're going to have a tough time because you are (in effect) circumventing the system. Even if you were to get an E2, it is a short term solution to a longer term problem. What if it is not renewed after the initial visa? I have no experience with the E2 process but I doubt that granting an E2 application is the same as granting a B1/B2. |
Re: Question: CR-1 timeline with criminal record
Visiting shouldn't be a problem if it is not for too long and you can bring proof that you will return to the UK. Obviously you don't show the proof unless you need to, you just have it ready, job ties are usually best. No guarantees of course.
Just guessing of course but is the E2 just a way of staying in the US until the kids are old enough for a court to take their wishes into account re: moving to the UK? I still think it is worth going through the courts now, and if you don't happen to succeed, then a non-immigrant visa would be something to hold in reserve. |
Re: Question: CR-1 timeline with criminal record
Originally Posted by JPROPS72
(Post 11956398)
Speaking from experience, telling a CBP officer that the purpose of your visit is to see your significant other is a bad move.
Sorry to hear this. Each entry I have made to the US I have been 100% honest and told them I am visiting my wife and step children, they then confirm/ask me when I was last in the country and how long my intended stay is. Each time they have also asked me what I do for a living ...I answer that I am licensed by the UK government and work in security with guard dogs, they then ask me how long I have done this and I say coming up to 8 years and they then go into my waiver - what was it for, how long ago was it etc...THAT is the bit i've always been concerned about...i've never had a problem or thought there would be a problem with saying I am visiting my wife I agree with Ian. I think you need to bring the CR1 application to a close. This is our next step and for the reasons you mentioned I honestly do not think there are any clear cut solutions for you at this point. My belief is that you have a better chance of challenging the custody arrangements in court and moving your wife and step children to the UK than you do of gaining access to the US. I'm not saying a move to the US is impossible, just that it is in my opinion unlikely. The problem here is the ex husband as useless as he is...he will not accept to the girls leaving the country, he is their father and he sticks to the custody agreement. Pays child support late, doesn't care for the girls - they come back looking like homeless children but he does what is necessary to remain 'in control' as much as he can. Even if you were to get an E2, it is a short term solution to a longer term problem. What if it is not renewed after the initial visa? This is a serious concern but as you said...we basically have no clear cut options. I have no experience with the E2 process but I doubt that granting an E2 application is the same as granting a B1/B2. Mr. JB |
Re: Question: CR-1 timeline with criminal record
Originally Posted by LondonSquirrel
(Post 11957245)
Just guessing of course but is the E2 just a way of staying in the US until the kids are old enough for a court to take their wishes into account re: moving to the UK? I still think it is worth going through the courts now, and if you don't happen to succeed, then a non-immigrant visa would be something to hold in reserve.
Mr JB |
Re: Question: CR-1 timeline with criminal record
Originally Posted by DottM
(Post 11952614)
Either way I really hope something works out for you. The immigration wheel is not a pleasant one at the best of times. My wife would lose her patience with the system when we were going through a very simple AOS.
My fingers are crossed for you. Mr. JB |
Re: Question: CR-1 timeline with criminal record
Perhaps the children's father could take over custody, thus freeing you up to go live in the UK with your new spouse and step children?
Rene |
Re: Question: CR-1 timeline with criminal record
That might make him review the situation
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Re: Question: CR-1 timeline with criminal record
Originally Posted by Noorah101
(Post 11959784)
Perhaps the children's father could take over custody, thus freeing you up to go live in the UK with your new spouse and step children?
Rene When the 8 year old was 7....We bought them both to England for a visit and at one point the 7 year old's shoe lace came undone so I quickly tied it up again. Both the daughters looked at me quite shocked and exclaimed 'dadda never did that'. At fu**ing 7 years old her dad had never tied her shoelaces. Sorry but a man who does that is a ***** and nothing less. He can't feed them, he can't bath them, he can't even make them a packed lunch for school. He is no better now. He feeds them cheetos and grilled cheese, since the divorce the girls are having to have fillings because he doesn't make sure they clean their teeth. They spend the first three weekends of the month with him. To suggest my wife abandons her children is cruel not just for my wife who has done everything for them and loves them dearly but to subject the girls to that is close (try not to laugh at this for being exaggerated) to torture. Mr. JB On a side note to suggest a mother gives up her children is a stark expression of our situation and puts into focus how important the E2 is. |
Re: Question: CR-1 timeline with criminal record
Originally Posted by Boiler
(Post 11959817)
That might make him review the situation
We have already been considering what we can do if and or when I am denied an E2 visa...I may have to move to a south american country so at least the flights would be cheap. Mr. JB |
Re: Question: CR-1 timeline with criminal record
Has your wife consulted with a family law expert re getting a court to permit your wife to bring the children to the UK? If you are willing to spend what it would cost to get an E-2, a formal legal consultation is a drop in the ocean. You keep saying the ex won't permit it, but it isn't clear that you have actually taken legal advice to find a way to overcome this roadblock.
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Re: Question: CR-1 timeline with criminal record
Originally Posted by Nutmegger
(Post 11959892)
Has your wife consulted with a family law expert re getting a court to permit your wife to bring the children to the UK? If you are willing to spend what it would cost to get an E-2, a formal legal consultation is a drop in the ocean. You keep saying the ex won't permit it, but it isn't clear that you have actually taken legal advice to find a way to overcome this roadblock.
Mr JB |
Re: Question: CR-1 timeline with criminal record
I am responding with emotions and being slightly defensive, I can see that lol....but there is something we both take from all the replies so thank you to everyone for continuing to reply.
We take everything on board, we also go to other websites and search the internet in general and take it all and try to process it. Not an easy time and we are both becoming more resigned to the fact that America probably isn't going to happen. The solicitor I consulted with on the phone said he would not represent me for an immigrant visa due to there being no waiver for a criminal record of supplying drugs....BUT....he was very confident that an E2 visa would not be a problem. Mr. JB |
Re: Question: CR-1 timeline with criminal record
Originally Posted by theJBs
(Post 11959980)
The more we consider the time and money we will need to invest we are considering the option of a family lawyer. When they got divorced my wifes solicitor said that at 12 years old the girls would have the ability under North Carolina law to stipulate which parent they would like to stay with. We did not think that this would change for an international move.
Mr JB |
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