Filed for Sister, but don't want to bring her spouse

B

bny1990

New Member
Hi

I have filed for my sister and now it is in the approved status. Most probably she will be called for visa in 2 -3 yrs. The problem now is my sister and her spouse are living separately but not divorced although the court is also involved for the child support case.

Now she doesn't want to bring her spouse to USA. The kids will be under 18 and they want to come with her as they are currently living with her. What are the option for her to get the visa for the kids. I know the kids need some documentation from their father in order to get the visa which he is not going to give. Is there any other court documents will help to process the visa for the kids. Does my sister needs any document from her spouse in order to get the visa?

Thanks
 
bny1990 said:
Hi

I have filed for my sister and now it is in the approved status. Most probably she will be called for visa in 2 -3 yrs. The problem now is my sister and her spouse are living separately but not divorced although the court is also involved for the child support case.

Now she doesn't want to bring her spouse to USA. The kids will be under 18 and they want to come with her as they are currently living with her. What are the option for her to get the visa for the kids. I know the kids need some documentation from their father in order to get the visa which he is not going to give. Is there any other court documents will help to process the visa for the kids. Does my sister needs any document from her spouse in order to get the visa?

Thanks
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Your sister can file for divorce, have custody of the kids if she is a good parent. However, the problem coming along the way is when she wants to take the children to the US, which will require the court to modify the order because I am certain the father is going to receive visitation rights, which will be severely compromised if the children immigrate to the US. :eek: So, your sisteer has serious problems. Unless she convinced the court that her ex-husband is a nut who is bad for the children, her immigration to the US will be in limbo...:rolleyes:

I can't speak to any documentation which will bypass the legal requirements. Be warned, forging the father's signature on visa application forms is a big crime which will come to bite her in the buttocks.. :D
 
Thanks for the quick reply.

Right now she has the custody and father has no visitation allowed without court's permission, because of his psychological torture to the kids. Last year's school vacation, the father applied for the visitation rights but court gave him only visitation in the presence of the mother and was not allowed to take any where else from the court area or lawyer's office. If he wants to visit the kids this year, he has to apply through the court again which he didn't do for this vacation.

Does my sister has to be divorced in order to get the visa for her?

Thanks
 
If she cannot get him to agree to release the children so they can move to the US, she will need the courts to permanently sever the parental rights of her husband so the children can be taken out of the country against his will. Otherwise, taking the children out of the country without consent of the other parent can result in being charged for international kidnapping.
 
Your sister should divorce this man if she doesn't want him to join her in the US, because as long she is still married to this man, he is eligible for a greencard as a derivative...:eek:
 
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