Mia81

Hi, I'm hoping someone can help!! I'm looking to relocate to the States with my husband and children as he has been offered a fantastic opportunity for work. I have 3 kids, my eldest is with my ex and we have a joint residence order in place. He has regular contact, which I actively promote. Has anyone successfully relocated in these circumstances? The move is not being considered with intentions of cutting him out, I'm obviously willing to fly my child home for extended contact during school breaks. Any advice/guidance will be gratefully received 🙂

scot47

Get competent professional legal advice.

Mia81

Thanks Scott, I have an appointment next week � ����

Rete

I had to laugh as the way the header is broken up on the main board it reads that you are relocating with a joint ;-)

Mia81

Oh dear!! I didn't think that one through!

christmasoompa

I clicked on it for that very reason, it intrigued me as to why you were asking about relocation with a joint.

You've posted this in the 'Rest of the World' section rather than the US section (I assume by 'States' you mean the US??), so I'll move it across for you now.

It would be worth you mentioning what visa your husband will be on when you do move, and the state you're moving to just in case that has a bearing.

Hope the forum pros can help, good luck.

Rete

Yes, it can be done. You simply need a legal document with the children's father allowing you to emigrate with them. It can be done by use of the services of an attorney/barrister or by court order. Since you are on good terms with him, it would seem that you are likely to get this agreement and that is all that is required by the US Consulate at the time of the visa interview and at the POE when entering the US.

Mia81

Thank you, my husband will be on L1 visa (I think), a blanket work visa. I have a feeling my ex won't be forthcoming with agreeing to a move. I am hoping that he will but I have an appointment with a lawyer next week to put the necessary court papers together to file an application should it be needed. We are looking at either North Georgia or South Tennessee as his job is not far from the State line. I was hoping if anyone has had to go through the Courts to apply for thus would be able to share their experiences and give me some advice? Thank you � ����

Rete

Several people have. Unfortunately, I don't recall that any of the current forum posters are any of them. You can try the advance search function to find their posts in the marriage-based visa forum as nearly all of them came here on marriage-based visas as they married Americans.

Mia81

Thank you for that, I shall have a look now.

scrubbedexpat099

Seems unlikely a Court would agree if the stay behind parent is against it.

civilservant

I agree with this. There are really no compelling reasons to go against the wishes of a (at your own admission) very involved parent. 'Because we want too' isn't going to fly.

Would you be prepared to accept the child being in the UK for all school holidays? Or paying for the father to fly out and spending holidays with them?

That's what it might take.

Mia81

Hi, yes I would be more than willing to fly her home for school holidays. The move is not something we are considering on a whim, my husband was facing redundancy which is why he has been over there temporary. He has now been offered a permanent contract, with a huge promotion. I'm not sure if it is relevant but she is almost 10 and I have been with my husband since she was 8 months old.

civilservant

Rete

And that he is a hands on father who is very involved in his child's life. I truly understand the need and desire for your husband to accept this promotion and pursue the L visa. Now you have to decide if you and your daughter would be willing to reverse positions with her father and have her live with him during the school term and fly to you for the holidays and summer vacations?

Curious on what visa your husband is currently using to live and work in the US?