jukes

Is there any way for a father who is a UK citizen to apply to live in the USA where his child lives. Child is a UK citizen who immigrated to USA (and is soon to be USA citizen). Child lives with mother a US/uk citizen, mother remarried and would support child's father (ex husband) move to USA so child and father can be close by.
Thanks!

Jerseygirl

When the child reaches 21 and is a USC...he can then sponsor his father.

Noorah101

Hard to say, since we don't know what visa you might qualify for. There's no visa based on the child's USC status until child becomes 21. In the meantime, look at work, student, or investment visas. Read the BE Wiki Guide article called Pulaski's Ways.

Rene

jukes

Child is 11 so long time to wait!
Thx

scrubbedexpat099

Odd.

I assumed it was the Father posting, not the Mother.

jukes

It's a very long story
but I am just trying to clarify certain facts.
I am the mother and we divorced 10 years ago and have remained good friends.
My ex husband then remarried and has a daughter and they are all in the UK. They are now divorced too.
I moved to the USA with our son and my 2nd husband and we fund my ex to come visit 3 times a year and stays with us etc etc. It's a situation that works for everyone.
But his other ex has informed him that she wants to move to the USA to marry a USA citizen she met on the internet and who she met with in the USA recently when there visiting family.
My ex is worried she will cut him out and not make it easy for him to see his daughter if they move to the USA. They don't have the same good relationship like us.
Yes this all sounds complicated, hense lack of original details!
I am helping him research options. One was if we could get him USA residency or such via his USA citizen son.... who I now know is not old enough to apply...

scrubbedexpat099

I know the Courts tend to favour Mothers, but my first thought is that he needs to find out if they will likely allow his Daughter to move with out his permission.

Jerseygirl

Agreed. If he has a good relationship with his daughter...ie sees her regularly and supports her...he may be able to prevent his ex from taking the girl overseas.

The mother cannot take the girl out of the UK without his legal permission or court order.

S Folinsky

General comment: "child" is a defined term -- section 101(b) for the immigration end of the shop and section 101(c) for the citizenship provisions. [The definitions differ in some respects].

To generalize -- a "child" is unmarried and under 21 years of age.

Although "child" is defined, the terms "son or daughter" or "parent" are not. However, they are interpreted by reference to the term "child." In essence, a "son or daughter" must have been a "child" at one point [usually in the past] and the "parent" must have had the relationship to a "child" at some time in the past.

This a very general discussion and there may be permutations which can affect the relationship.

jukes

In an ideal world he'd like to move to the USA if his daughter does so he can be nearer his son and daughter. It's working out how.
I don't think he'll stop his ex taking daughter to USA but does need to seek a legal agreement as to contact, and somehow work out how he'll see her...and make sure legally she cannot deny him that. I assume a legal contact arrangement in the UK doesn't apply in the USA.
In meantime I guess we'll explore work related visas....

Jerseygirl

It would probably be best if the father registers with BE rather than going through a third party. That way some of our more learned members may be able to advise him about gaining a visa through employment.

S Folinsky

Why do you make that assumption? Just curious.

Pulaski

There is a Hague convention covering children and guardianship, so most court sanctioned parental custody and access agreements do apply internationally so long as both countries ratified the convention. Both the US and UK did.

scrubbedexpat099

2 sets of child support and he currently needs funding anyway. Not sure how practical all this is.

NatashaB

When we moved here, we were advised to file the UK custody agreement for my stepdaughter with the state we lived in. It didn't make it a set in stone agreement as such, but did mean that my stepdaughter's mother's right to visitation was established and made it obvious that there was already a status quo. It was done via a lawyer and cost about $100. I agree though, that if he is an involved father to his other child, he may well be able to get a prohibited steps order to stop them moving.

We found ADAM (American Divorce Association for Men) very helpful to my husband recently. If your ex calls them, they will give him a free 30 minutes or so of advice.