> Ok briefly, my son (16) and my daughter (15) have both decided they
> would prefer to live in the US with myself and my USC husband. I'm a
> 10yr greencard holder and have been in the US for 4 1/2 years. The
> situation at 'home' in the UK has become unlivable for them as their
> father is in the submarine service and away for long periods of time
> and his now live in girlfriend wont have either of them living there
> while hes away. My son finished school in July and was looking for
> work (hes dyslexic so didnt want to go to college), my daughter is a
> weekly boarder in year 10 (she goes to friends homes on weekends when
> her father is away).
> My son has a return ticket booked for Febuary and daughter for 7th
> January but neither of them want to return.
>
> Which would be the quickest way to file for them ? and is there
> anyway they can stay with me here in the US while a visa is
> processed ?
>
>
> Jan
Hi Jan
Welcome back. As a PR the wait for your children to obtain immigration
visas will be long. However, as others have said your husband, as their
step-father and a USC, can petition for them. As for the issue of
custody, that might not be an issue being that your children are older,
i.e. 16 and 15. The 16 yo might not require the consent of the other
parent while the 15 yo might. Or then again, they both might. Your
wisest move is to seek at minimum a consultation with an immigration
versed in this type of situation. You're using the Nebraska Service
Center so you can look up the timeline there for the I-130. Once
approved it will be forward to the US Consulate in London for their
interview and immigration visa approval. They will go through the same
thing you did, even though you were a K-1 visaholder, i.e. the medical,
long form birth certificates, son will need police clearance and
daughter will if she turns 16 before the interview.
Under the VWP they are only allowed to enter the US for 90 days under
the VWP. They cannot legally stay longer than that unless they have a
tourist visa and obtaining one when you have the intent to migrate is
almost non-existent.
Last year or late in 2004 someone had a young child who faced a similar
situation in the UK. The child came into the US as a tourist and step-
dad filed for her and she remained here until the process was finished.
While the situation was similar, it was different in that the father no
longer wanted the child and was going to throw the youngster out of the
house if the child returned to the UK.
Is there anyone in your family who can care for the teenagers until the
visa process is completed? A grandparent, aunt, uncle? What does their
father have to say about his girlfriend's decision to abandon his
children while he is serving his country?
--
I'm not an attorney. This disclaimer is valid in NYS!
Posted via http://britishexpats.com |