NEED HELP PLEASE!!!

[sonja 0]

Hi everyone!

I am a USC and married to an austrian man, my husband and step son came to the us on a K1 and K2. When we did the paper work back in 2006, it was planed that his daughter will come to live with us in 2011 but now things have changed. She came in June to visit this summer (like every year) and was supposed to go back to austria August 3rd. Ever since she is here my husband and i haven't heard a thing from her mom, hubby sent a friend to his exwife to find out why she wont return our phone calls or emails and if she is going to pick up the little girl at the airport (she is 10 yrs old). Hubby's friend found out that his exwife doesn't live in her apartment anymore and nobody knows where she went to. What can i do to keep my step daughter here? We cannot send the girl back to austria without knowing the whereabout of her mom and there is no other relative who could take care of her while we are surching for a solution. We are totally confused and don't know what to do, can anyone help is there anything we can do without sending the poor girl back?

[aaron2020 11,651]

Hi everyone!

I am a USC and married to an austrian man, my husband and step son came to the us on a K1 and K2. When we did the paper work back in 2006, it was planed that his daughter will come to live with us in 2011 but now things have changed. She came in June to visit this summer (like every year) and was supposed to go back to austria August 3rd. Ever since she is here my husband and i haven't heard a thing from her mom, hubby sent a friend to his exwife to find out why she wont return our phone calls or emails and if she is going to pick up the little girl at the airport (she is 10 yrs old). Hubby's friend found out that his exwife doesn't live in her apartment anymore and nobody knows where she went to. What can i do to keep my step daughter here? We cannot send the girl back to austria without knowing the whereabout of her mom and there is no other relative who could take care of her while we are surching for a solution. We are totally confused and don't know what to do, can anyone help is there anything we can do without sending the poor girl back?

You need to contact an attorney to see what rights your husband may have in retaining custody of his child here in the US. You would also need to contact the local Austrian consulate/embassy to seek their advice.

I would also suggest filing a missing person report on the mom in Austria if no one knows where she is. Have you check with her employer? Document your search to support your contention that the mom has disappeared.

[Otto 83]

You're right - you can't in good conscious, send a 10-year old back and not know someone will be there to pick her up.

If it were me/us, I'd probably start by contacting the Austrian Embassy here in the US. Explain the situation and see what they can offer in the way of help. This will at least begin a paper trail.

[sonja 0]

You're right - you can't in good conscious, send a 10-year old back and not know someone will be there to pick her up.

If it were me/us, I'd probably start by contacting the Austrian Embassy here in the US. Explain the situation and see what they can offer in the way of help. This will at least begin a paper trail.

Thank you guys for the replies! We finally got in contact with her today, she said that she moved to Switzerland with her husband We didn't even know she wanted to get married, however she doesn't want us to send the girl back. She asked us to keep her because her and her new man travel alot and she wont be able to take care of her own daughter anymore . We are very sad about the situation because we don't know what to tell our little girl all we know is that she doesn't want to go back but what can we do to keep her? We had a long talk with her and she finally opened up and told us what has been going on in her life and i must say that some people don't just diserve to have children. However, we still don't know how to go about the situation hubby's exwife said that she will send us a notorized paper stating that she wants him to keep the girl. Do you think that we can file for AOS in that case?

[Rhiannercakes 14]

The poor little girl.

I hope you're able to give her a home that she needs.

[aaron2020 11,651]

You're right - you can't in good conscious, send a 10-year old back and not know someone will be there to pick her up.

If it were me/us, I'd probably start by contacting the Austrian Embassy here in the US. Explain the situation and see what they can offer in the way of help. This will at least begin a paper trail.

Thank you guys for the replies! We finally got in contact with her today, she said that she moved to Switzerland with her husband We didn't even know she wanted to get married, however she doesn't want us to send the girl back. She asked us to keep her because her and her new man travel alot and she wont be able to take care of her own daughter anymore . We are very sad about the situation because we don't know what to tell our little girl all we know is that she doesn't want to go back but what can we do to keep her? We had a long talk with her and she finally opened up and told us what has been going on in her life and i must say that some people don't just diserve to have children. However, we still don't know how to go about the situation hubby's exwife said that she will send us a notorized paper stating that she wants him to keep the girl. Do you think that we can file for AOS in that case?

On the immigration front, there is no problem for you to file for your step-daughter as an Immediate Relative. At some point, you will need a release from your husband's ex-wife to allow your step-daughter to immigrate to the US.

Child custody is another matter. You don't want to be accused of international child kidnapping at some point down the line. Ask your husband if there is a court order or custody agreement between him and his ex-wife. You may need to get a lawyer in Austria and/or one in Switzerland and the US. If necessary, get a court order granting your husband primary custody and the right to remove the child from Austria.

Good luck.

[sonja 0]

You're right - you can't in good conscious, send a 10-year old back and not know someone will be there to pick her up.

If it were me/us, I'd probably start by contacting the Austrian Embassy here in the US. Explain the situation and see what they can offer in the way of help. This will at least begin a paper trail.

Thank you guys for the replies! We finally got in contact with her today, she said that she moved to Switzerland with her husband We didn't even know she wanted to get married, however she doesn't want us to send the girl back. She asked us to keep her because her and her new man travel alot and she wont be able to take care of her own daughter anymore . We are very sad about the situation because we don't know what to tell our little girl all we know is that she doesn't want to go back but what can we do to keep her? We had a long talk with her and she finally opened up and told us what has been going on in her life and i must say that some people don't just diserve to have children. However, we still don't know how to go about the situation hubby's exwife said that she will send us a notorized paper stating that she wants him to keep the girl. Do you think that we can file for AOS in that case?

On the immigration front, there is no problem for you to file for your step-daughter as an Immediate Relative. At some point, you will need a release from your husband's ex-wife to allow your step-daughter to immigrate to the US.

Child custody is another matter. You don't want to be accused of international child kidnapping at some point down the line. Ask your husband if there is a court order or custody agreement between him and his ex-wife. You may need to get a lawyer in Austria and/or one in Switzerland and the US. If necessary, get a court order granting your husband primary custody and the right to remove the child from Austria.

Good luck.

Thank you so much for the replies!

My husband and his ex have joint custody and she said that she will send us a notorized letter stating that the child will stay with us and my husband already contacted a lawyer in Austria because the child's resident is in Austria and the lawyer said that if she gives us that letter we wont need to fight over custody. In case she doesn't give us the letter the lawyer will file for primary custody and we have very good chances to win so he said.

Am i right to believe that once we have that letter from her, i will be able to file AOS for the girl without facing trouble from the USCIS?

What forms will i need beside the I-485 and I-864?

In case we have to fight over custody, is the USCIS going to give us a hard time because of overstay? Her I-94 will expire next month.

[NArocks 13]

Have you contacted an immigration attorney here in the US by chance? this is turning into a little bit of a complicated case. I wish you a speedy resolution for the girls sake

[sonja 0]

Have you contacted an immigration attorney here in the US by chance? this is turning into a little bit of a complicated case. I wish you a speedy resolution for the girls sake

[/quote

Thank you!

We recieved the letter from my husband's ex-wife and she said that she wants us to keep her daughter because she is not able to take care of her anymore. (thats the short version of the letter)

We now started to fill out the forms to file for her AOS.

On the form I-485 part 2, it says:

I am applying for an adjustment to permanent resident status because:

Should i check the box H and attach the letter we recieved from my husband's ex-wife or is there anything else i can put in as an answer?

[NickD 202]

There is a form to extend the I-94, can't remember it off the tip of my tongue, but on the web, do that, keep her here legally, a very important step.

In our case takes a lot more than a note from the ex-spouse to satisfy the USCIS, a court order is more in order to award full physical custody to the parent that wants her. Our problems was complicated as we were dealing with two different countries, and my step-daughters biological father used this as a form of blackmail to agree, wanted a huge sum of money, but we compiled eight years of back child support money he never paid to blackmail him back. Then dealing with the corrupted courts in Venezuela, was a two year delay, a couple of thousand in US dollars solve that to move that date up. But if the ex is willing, will make things a lot simpler. We had to deal with the home country where the divorce took place, you may have to do the same. But you are dealing with different countries, so good to know the laws.

I presented the USCIS with daughter's birth certificate, a court order signed by a judge with an apostille attached that the ex assigned full custody to the mother, no problems with that. But even with all that, still could not renew our daughters passport without her biological fathers permission due to Venezuelan laws, and he wanted $10,000.00 from me to give that permission. She had to wait until she was 18 years to be free of that.

[sonja 0]

There is a form to extend the I-94, can't remember it off the tip of my tongue, but on the web, do that, keep her here legally, a very important step.

In our case takes a lot more than a note from the ex-spouse to satisfy the USCIS, a court order is more in order to award full physical custody to the parent that wants her. Our problems was complicated as we were dealing with two different countries, and my step-daughters biological father used this as a form of blackmail to agree, wanted a huge sum of money, but we compiled eight years of back child support money he never paid to blackmail him back. Then dealing with the corrupted courts in Venezuela, was a two year delay, a couple of thousand in US dollars solve that to move that date up. But if the ex is willing, will make things a lot simpler. We had to deal with the home country where the divorce took place, you may have to do the same. But you are dealing with different countries, so good to know the laws.

I presented the USCIS with daughter's birth certificate, a court order signed by a judge with an apostille attached that the ex assigned full custody to the mother, no problems with that. But even with all that, still could not renew our daughters passport without her biological fathers permission due to Venezuelan laws, and he wanted $10,000.00 from me to give that permission. She had to wait until she was 18 years to be free of that.

thank you for sharing your experience! i still dont know what to put on that form, i will attach the leter and see what the uscis wiil say. i finally got the english translation.

[TayRivers 4]

Thank you!

We recieved the letter from my husband's ex-wife and she said that she wants us to keep her daughter because she is not able to take care of her anymore. (thats the short version of the letter)

We now started to fill out the forms to file for her AOS.

On the form I-485 part 2, it says:

I am applying for an adjustment to permanent resident status because:

Should i check the box H and attach the letter we recieved from my husband's ex-wife or is there anything else i can put in as an answer?

You need to check box A, A visa number is available for the child because you are filing the I-130 along with the I-485. Do not check H that will get the whole packet returned to you and waste time.

The letter you have from the Mother, you can include a photocopy with the application and take the original to the interview.

[sonja 0]

Thank you!

We recieved the letter from my husband's ex-wife and she said that she wants us to keep her daughter because she is not able to take care of her anymore. (thats the short version of the letter)

We now started to fill out the forms to file for her AOS.

On the form I-485 part 2, it says:

I am applying for an adjustment to permanent resident status because:

Should i check the box H and attach the letter we recieved from my husband's ex-wife or is there anything else i can put in as an answer?

You need to check box A, A visa number is available for the child because you are filing the I-130 along with the I-485. Do not check H that will get the whole packet returned to you and waste time.

The letter you have from the Mother, you can include a photocopy with the application and take the original to the interview.

Thank you so much!! God bless you.

[NigeriaorBust 4,087]

Make an infopass appointment. Tell them that the child has in effect been abandoned by the mother while here for her summer visit. Take whatever documentation with you. Good luck

[TayRivers 4]

Make an infopass appointment. Tell them that the child has in effect been abandoned by the mother while here for her summer visit. Take whatever documentation with you. Good luck

All they will do at the infopass is give them the forms to complete to file for I-130 and AOS for the child.