Re: Son visiting UK whilst applying for Visa
 

Good to see that the judge didn't accept the letter submitted by your ex's US lawyer at face value!

Re: Son visiting UK whilst applying for Visa
 

yes, Judge was pretty shrewd! I provided him with printouts from US embassy site and he demanded clarification from the embassy, so good result.

Re: Son visiting UK whilst applying for Visa
 

Fantastic, really pleased to hear that the judge was sensible and hopefully his requirements will put a spanner in your ex's stupid plans! :thumbsup:

Re: Son visiting UK whilst applying for Visa
 

More good news! Had the following response from the US embassy :

' If your husband wishes for your son to reside permanently in the United States, then he would need to apply for an immigrant visa on his behalf. This process takes many months. If in the meantime, your son wishes to visit the United States for a short stay only, he may do so on the Visa Waiver Program, if he qualifies. The conditions of the VWP are listed on our website - http://london.usembassy.gov/cons_new/visa/niv/vwp.html. One of the conditions is that the traveler has a return or onward ticket taking him outside the U.S., adjacent islands and contiguous territory within 90 days. However, on arrival at the US Port of Entry, he will be required to demonstrate that he is traveling for a short stay only and intends on returning to the United Kingdom to live until his Permanent Residence is approved. If the officer believes that he is going to stay permanently, he will be denied entry and returned to the U.K. '

That should convince the judge!

Re: Son visiting UK whilst applying for Visa
 

Yay! Perfect. Print out several times and laminate it!! :thumbsup:

Re: Son visiting UK whilst applying for Visa
 

Wow, that's wonderful, I'm glad you got such a good, clear response! :)

Re: Son visiting UK whilst applying for Visa
 

Thanks - I'm really pleased. US embassy gave me an email address when I rang and they came up trumps - I'm impressed with the US embassy. Also sent info to NY consulate and UK embassy in washington - just to stir things up a bit!

Re: Son visiting UK whilst applying for Visa
 

That is fantastic.

I wouldnt let on to your ex though - keep it to yourself, A nice suprise for him in court :sneaky:

Re: Son visiting UK whilst applying for Visa
 

And a spare copy for his Lawyers.

Re: Son visiting UK whilst applying for Visa
 

Of course, oh, and one for the Judge too.....

And one to stick on your bum as you walk out of the court room, flash it and tell him to kiss it :p

Re: Son visiting UK whilst applying for Visa
 

you are norty!!

Re: Son visiting UK whilst applying for Visa
 

But now you're thinking about it ..... :p

Re: Son visiting UK whilst applying for Visa
 

Thanks so much for everyone's help - you gave me hope and determination when I was wearing thin! This is such a great site!

Re: Son visiting UK whilst applying for Visa
 

Hi:

Sigh -- I just read through this whole thread. International custody fights are something else -- shades of the Morgan/Foretich fight [which still bothers the hell out of me] and Pat Roush's two daughters.

However, it really strikes me in reading the whole thread that no one has gotten to the root of the matter.

Several comments -- your ex- has submitted to the jurisdiction of the British Courts -- any custody/visitation/support order they make would probably be enforceable in some type of ancillary action in the US state in question.

Also, is there any possibility of mediation. OK, presuming your ex- is a jerk, he happens to be the father of your children and it was you who had three children with him. In my immigration practice, I have had occasion to note practice in the Los Angeles Superior Court Family Law departments -- they have rightly earned international recognition as the way to handle situations such as yours. I understand that the New York surrogates' courts have studied the Los Angeles Court as have the British.

To put it their way -- you and your ex- have divorced each other, and not your children.

My reaction in reading your posts is "pox on you both." I feel sorry for your son.

I see ways that both of you can work things out that it may be advantageous for all three of your children to have dual nationality.

Has anyone been talking mediation or settlement?

Re: Son visiting UK whilst applying for Visa
 

Personally I think that sounds a bit harsh Mr F.

The OP has said that she doesn't have an objection to her son going to the US, but that she is concerned about her ex's methods of getting him there, and the length of time she will have to wait to see him again if her ex manages to use the VWP express route for their son.

Of course we have only heard one side of the story, but that is the nature of the beast, and I'm sure that if the Ex posted here, we would hear something different, but there seems to be alot of animosity there.

Using the VWP and adjusting status for an adult is their choice, but for a adult to have their own child do something that said adult knows is not 'kosher', especially involving a government agency would certainly set alarm bells ringing with me.