Exhausted but Hopeful

[terri_blake 10]

That's all well and nice but a B2 is a tourist visa.

The child will eventually have to go back.

Did you not see my OP?

Im quite sure everyone here realizes that she needs to go back by the deadline of her passport stamp. However, that's not the question that I originally post! I asked has anyone here gone through any such processes. in other words who else on VJ has dealt with custody issues during k1 visa process?

[Cody and Daisy 373]

Did you not see my OP?

Im quite sure everyone here realizes that she needs to go back by the deadline of her passport stamp. However, that's not the question that I originally post! I asked has anyone here gone through any such processes. in other words who else on VJ has dealt with custody issues during k1 visa process?

You are talking about custody for a child on a tourist visa for an future LPR who has not yet been approved a k1 yet.

So if we ignore the fact the child is with you that's a whole other question about adoption (and yes he would have to adopt the child) and that's a whole other mess also because I don't even think a green holder can adopt a child and bring a child.

An LPR can petition an immediate relative which the child is not, but that takes years to become current.

Bringing the fact if the child is indeed just there as a tourist then that has no baring on what you want to know.

[terri_blake 10]

at the end of the day, the child has her own family, father, mother, older brother, etc. Who Love her and care about her and want to make sure she has the best of everything including a home, education, schools, books, health care, food, other necessary supplies. I too am now emotionally invested in this child so that leads me to this discussion board post because I am looking for resources to help this child. I am NOT looking for a handout, welfare, food stamp, Medicaid, Medicare, section 8 any of that. (*plus im a conservative christian liberal and know all about MARXISM*) I'm just looking for advice. Is that too much to ask for?

[Transborderwife 4,666]

I think that the best advice possible is to send her back. If her legal father found out I'm sure that this could be spun as kidnapping if he wanted to.

[Cody and Daisy 373]

Ignoring your past two already jumping to defence like you seem to always do.

I'm answering you the best I can.

Your fiancé cannot do anything now. Because he is not a LPR or a UsC.

Those are the facts.

Options.

1- her own already relatives petition the child. You say she has family there, why aren't they doing anything?

2- he adopts the child and applies for a k2

3- send her back because you have no legal right to have her, in law minds, a stranger has a child on a tourist visa.

Edited June 18, 2015 by Cody and Daisy

[Pitaya 2,576]

She has a stamp on her passport now and its B2 and looks like it expires on 9/11/15

How old is the female child?

At the end of the validity of her B2 visitor visa is the child going back to Egypt?

[terri_blake 10]

How old is the female child?

At the end of the validity of her B2 visitor visa is the child going back to Egypt?

She is "school age" and she will be going back before the exp date however my future husband is her guardian. I am practically her stepmom.

[Golden Gate 530]

1. Why didn't you ask who the woman was who came to the airport? Doesn't that seem logical to ask? Perhaps she is actually your fiance's wife and that is really his daughter.

2. It is hard for me to believe that a young child was allowed to accompany a totally unrelated person to the U.S. without the U.S. asking questions about this child. Considering the concerns about international abduction, it is hard for me to believe that the U.S. would just allow a child to travel here without the permission of both parents. I know that it is required to have parental permission to leave the U.S. as well. https://help.cbp.gov/app/answers/detail/a_id/268/~/children---child-traveling-with-one-parent-or-someone-who-is-not-a-parent-or

3. What I understand is as long as the child has living parents, you can not adopt that child to immigrate to the U.S.

4. It is asking a lot of a person to take their child to another country and be responsible for that child. They seem to have taken advantage of your compromised emotions and good will.

5. Considering that the child has a parent in the U.S., the U.S. would give additional scrutiny to a child coming here and possibly trying to immigrate, I would think.

Edited June 18, 2015 by Golden Gate

[Shauneg 762]

She is "school age" and she will be going back before the exp date however my future husband is her guardian. I am practically her stepmom.

I guess we are trying to understand the point of bringing her here if she's going home before the visa expires. Especially since you wrote of the way she came here. Seems like there's a different endgame then her just coming for a few months and then going home. That would have served no purpose to the baby.

[Boiler 43,438]

Welcome back Terri, I am glad you had a good trip and would firstly apologies for all the negative comments you have received.

The solution is actually quite simple, the girl is an immediate relative of your sister, her step mother.

Your sister can file for her to adjust status to Permanent Resident. I assume you have the approval of her Father, your Sisters husband, and her Mother, the lady at the Airport.

In the meantime she can of course attend school, no immigration status needed for that.

[Shauneg 762]

Welcome back Terri, I am glad you had a good trip and would firstly apologies for all the negative comments you have received.

The solution is actually quite simple, the girl is an immediate relative of your sister, her step mother.

Your sister can file for her to adjust status to Permanent Resident. I assume you have the approval of her Father, your Sisters husband, and her Mother, the lady at the Airport.

In the meantime she can of course attend school, no immigration status needed for that.

Is this the daughter of your fiancés brother? The one married to your sister that you spoke of in past posts? That's a helpful tidbit.

[Golden Gate 530]

Welcome back Terri, I am glad you had a good trip and would firstly apologies for all the negative comments you have received.

The solution is actually quite simple, the girl is an immediate relative of your sister, her step mother.

Your sister can file for her to adjust status to Permanent Resident. I assume you have the approval of her Father, your Sisters husband, and her Mother, the lady at the Airport.

In the meantime she can of course attend school, no immigration status needed for that.

She can attend school on a B2 visa?

"If the parents are in the US and admitted in certain other non-immigrant classifications and the children have been admitted in a derivative (dependent) classification related to the parent’s visa, then the children will not violate their status. Some of the most common non-immigrant visa classifications that allow the dependent children to attend public schools without adverse immigration consequences include the following ones:..." http://shiverslaw.com/blog/2014/08/01/public-schools-us-foreign-nationals-attend/

Edited June 18, 2015 by Golden Gate

[Boiler 43,438]

She can attend school on a B2 visa?

"If the parents are in the US and admitted in certain other non-immigrant classifications and the children have been admitted in a derivative (dependent) classification related to the parent’s visa, then the children will not violate their status. Some of the most common non-immigrant visa classifications that allow the dependent children to attend public schools without adverse immigration consequences include the following ones:..." http://shiverslaw.com/blog/2014/08/01/public-schools-us-foreign-nationals-attend/

She could have wandered in with no visa and still been eligible to attend school. SCOTUS said so.

Is this the daughter of your fiancés brother? The one married to your sister that you spoke of in past posts? That's a helpful tidbit.

Correct

[Golden Gate 530]

So, even though the sister is probably divorcing the 'scumbag of the earth', she can still petition his daughter? I thought I left soap operas behind a long time ago in high school, but here I am again...and I guess although he didn't support his daughter and didn't have any relationship with her for over a year, he did pop up in order to sign a document to permit her to get her visa here? It is just like tv.

Edited June 18, 2015 by Golden Gate

[Boiler 43,438]

So, even though the sister is probably divorcing the 'scumbag of the earth', she can still petition his daughter? I thought I left soap operas behind a long time ago in high school, but here I am again...and I guess although he didn't support his daughter and didn't have any relationship with her for over a year, he did pop up in order to sign a document to permit her to get her visa here? It is just like tv.

I remember they are separated, not sure about divorcing,