crashandcari

we know there is no fee for the petition (that we can do them both on the one for my husband) but he is charged his own biometrics fee.. and thats what we arent really sure about how to handle.. we have read he needs to go for biometrics here. plus isn't it deceiving to file that paperwork knowing hes not in the country?

i do get that we should keep the options open but we know hes not planning on coming back..

meauxna

The biometrics can be rescheduled... carefully, but it can be done (see user hobbes somethingorother).

See the instructions for how to file for someone who happens to not be in the US at this moment.

Remember that you know he is not *planning* on returning, that plans change, and that he's a legal minor in the US--he doesn't *get* to make 'plans'.

Folinskyinla

Hi:

You misunderstand me.

In general, the relationship between step-parents and step-children is often complicated and sometimes strained. It is just the nature of the beast. Among my family law brethren [or sisters, whatever], I often hear about having to deal with the husband's second wife who resents every penny of child support paid by her husband for HIS children. [I sometimes wonder if the court order serves to deflect anger which would go hubby's way, but I digress].

It just strikes me that you are trying too hard to slam the door behind your step-son coming back to the US. You were given simple answers -- you do NOT have to notify CIS he has left. It is no problem to include him on the I-751 for now. Why are you so adamant in resisting statements that its no big deal?

Let me ask you this: would including your step-son on the I-751 prevent you from signing it? Also, I have not heard a word about your husband's position towards his son on this issue.

I also wonder about the half-sister possibly coming to the US [assuming your husband is her "father" as defined under the immigration laws].

hobbes79

[QUOTE=meauxna;5901357]The biometrics can be rescheduled... carefully, but it can be done (see user hobbes somethingorother)./QUOTE]

Yes, you can reschedule and try and fit it in with a trip where your step-son comes to the US. He will have to be in the US to haver them done. Nothing wrong with filing while he's abroad though. I filed abroad, and stated clearly I was in the UK (though put my mother-in-law as the US mailing address to save international mail complications).

crashandcari

It strikes me that you are passing judgment on me without knowing the first thing about me or the situation in my house. If it seems I am trying to slam the door behind my stepson then thats YOUR opinion.

I am, if anything, far from being adament in resisting statements that is no big deal. That again is YOUR opinion. I posted here to get everyone's opinion not just YOURS.

Others have replied that I do need to notify CIS that he has left the country. Is it only YOUR advice that matters?

As for my husband, I'm sorry I didn't realize I was supposed to tell you how everyone in my family was reacting to this. But since you are so eager to know everything.. he feels the same way I do. Guess he's slamming the door on his son too huh? How we feel about our son going back to England has no relevence whatsoever as to my initial question. The bottom line is our son has gone back to England and its pretty definite he's not coming back to live in America permanently.

Oh and for the record.. my son's half-sister would not be considered my husband's daughter under ANY type of law.

I posted on this forum because I was under the impression that it was here to help members with problems and lend support when necessary. I find it in extremely bad taste to see that I am being put under the gauntlet to answer YOUR questions. Maybe you should stop wondering so much about my life and try being more polite to people who post.

ian-mstm

Unlike the rest of us, Mr. Folinsky is an experienced immigration attorney. When he speaks, people listen... for good reason!


I regret that you have interpreted our comments as anything other than trying to be helpful. We have a saying here... if you want good information, you have to give good information. We understand that people, for whatever reason, don't wish to share... that is their choice. However, when information is lacking, the natural tendency is to create an answer that fits the given information. If it's off the mark, we are certainly *not* to blame. We give information based on what information we have. Sometimes it's incomplete. It's the nature of the beast!

Ian

crashandcari

Mr. Folinksy may be an experienced immigration attorney but that does not make him a psychologist.

I asked a few questions.. I had no clue that I was going to be put under the scrutiny that I have been in order to get any responses. I said very simply.. my son will not be returning to the United States. I had no idea I was supposed to go into extreme detail to explain that comment. The reasons as to why all of this took place are basically unrelevant and to be honest.. no one's business except mine and my familys. When I tried to offer limited information I was judged without cause.

Say I am overreacting if you want but when the question as to whether my son will consider returning to the US has been answered it should be left at that.

And for the record Ian.. its is not everyone's comments I have a problem with. I am a member of several different forums. Never have I been made to feel as if I were on trial for trying to get some helpful advice.

ian-mstm

At the risk of pressing the issue, you need to understand that in *this* forum, it is highly unusual for someone to *not* want to preserve status as a PR - hence, the great effort to clarify immigration's POV in this respect.

Still, as you say, it is none of our business. I regret if our comments have made you feel at all uncomfortable - it certainly was not our intention. Good luck to you and your family!

Ian

Rete

CAC

Sorry that you were made to feel unfairly judged. Not everyone thought you might be glad to see your stepson leave the US. For myself, I just wanted to let you know that there are ways that he can keep his residency active/open for a few more years on the off chance that he changes his mind about where he wants to live.

In fact, he might want to return to the US before he is 18 and start the clock for US naturalization so that perhaps 5, 10 or 20 years down the line he can come back to the US to live without having to deal with immigration. Or he might want to attend school here for post graduate studies.

Forums are a mixture of people, opinions and judgments. Pick what suits you and let the rest slide.

Rete

Speak for yourself, mately!



Sorry but I agree with the OP. Folinskyinla was very juddgmental and negative in regards to the OP and I can fully understand why she was upset.

Not everyone wants to be a resident of the US and there are plenty of people who come here for a few years, make their money, or try their hand at living here and then go on to the next part of their adventure in life.

Folinskyinla

Hi:

Please tell me who is being judgmental? Since you quote MY post, it appears that you are answering my post when the contents show otherwise.

All I have done is to note the appearance of what you said and what implications arise. Nothing more, nothing less. Quite frankly, I don't have enough facts to make any judgment.

BTW, if your husband was legally married to his son's mother, even if legally separated, when she gave birth to the daughter -- for immigration purposes, the girl would be your husband's step-daughter. Actually had a case like that once. Again, it was a question in my mind and just one of curiosity.

Folinskyinla

Hi:

True. Just long married to a mental health professional.

As a general matter, a good lawyer will often use a client's question as a jumping off point for other questions in order to frame an answer. For example, on an immigration lawyer chat board the other day, an attorney had some questions about an Iranian K-1 application. Another attorney with a large Iranian clientele gave a waring that many Iranian "engagements" are really "marriages." In other words, its time to ask the client some very probing questions to avoid trouble later down the road.

In another context, I recall having a long conversation with a consular officer over coffee in an embassy canteen many years ago. We got into the use of "profiles." We were both in agreement that "profiles" are legitimate to raise an avenue of inquiry, but are NOT appropriate to reach a conclusion.

I've been at this a long time -- and certain fact patterns simply raise QUESTIONS but do not support CONCLUSIONS.

And if I ask some questions -- you are under no obligation to answer them.

Peace.

Folinskyinla

Hi:

I concur. Succinctly and well said.

ian-mstm

I certainly wouldn't presume to speak for you, Rete. I was trying to paraphrase the TV commercial, "When E. F. Hutton talks, people listen." I see now that I should have prefaced my comment with a disclaimer, although I think it would have lessened the impact of the analogy.

Ian

Elvira

Mr Folinsky often asks questions whose immediate implications re immigration law etc may not be obvious to ordinary posters.

IME he has never, ever been rude or overstepped the mark.

IMHO it pays to look at his posts carefully, including any implications that may be lurking between the lines.