step children cr-3

[Luvnevrymin 1]

3 years ago I helped my now husbands children try to get an emergency visa. It was denied. The children were asked where their Dad was and the kids didnt know. They were very young, and he was supposed to have been with them for their interview, but issues came up and he didnt leave the U.S. The interviewer called them liars, said their dad is in the u.s. Illegally and denied the visa.we had no knowledge of this process and this was our first experience. The kids were coming to spend Christmas with my children and me. They were never given anything explaining why their visas were denied. We dont know if it was the lack of an emergency or just a denial or if the interviewer thought it was fraudulant. Since then, their dad and I have married and he now has his visa. The children, now 3 years later have their cr-3 visa interviews coming up. Should the denial 3 years ago be a concern?

[Luvnevrymin 1]

Sorry, they are cr-2 visa applicants. Not cr-3.

[justashooter 430]

so he was in USA illegally?

[Luvnevrymin 1]

so he was in USA illegally?

He was, but now is a lpr.

[NArocks 13]

WHat type of visa was denied a tourist visa?

[Luvnevrymin 1]

WHat type of visa was denied a tourist visa?

An emergency visa was denied

[NArocks 13]

OK so now they are going for the interview for the CR Visa ( differnt than the previous one ) . Hopefully it will have no bearing. The IO was probaly looking at the fact that the dad was here so figured they would not return if visa was granted. Are you guys going to the interview this time? You as the USC are the one who petitioned the children correct? DO you have the permission form the other parent for the children to come to the US? Make sure you vbring proof of the step parent relationship if you ( USC ) are the one who petitioned the kids.

When is the interview?

The emergency was what? For them to come for Christmas?

Edited April 8, 2010 by NArocks

[sachinky 464]

As far as I know, there are no "emergency visas" -- I could be wrong though. But spending Christmas with their dad and stepmom doesn't construe as an "emergency" in any shape or form.

How old are these kids? Can they handle the interview?

[Luvnevrymin 1]

As far as I know, there are no "emergency visas" -- I could be wrong though. But spending Christmas with their dad and stepmom doesn't construe as an "emergency" in any shape or form.

How old are these kids? Can they handle the interview?

The kids are now 18 and 15. Yes we have all the paperwork from the other parent and we will be there with them. Correct, it was not a true emergency, but after having a conversation with an embassy official that is how it was suggested I go about it. So I did just that. Their dad was not a part of the plan. He wasnt supposed to be here during that time anyway. They were coming to visit with my family only. I think they were basically denied because the interviewer thought they may be a flight risk, but we were never told the exact reason.the attorney thinks it will be fine. I am just nervous and don't want to get my hopes up if this is a concern.I was curious as to other views on the situation. So am I understanding that because the situation is a totally different visa now that all will likely be ok?

[NArocks 13]

The kids are now 18 and 15. Yes we have all the paperwork from the other parent and we will be there with them. Correct, it was not a true emergency, but after having a conversation with an embassy official that is how it was suggested I go about it. So I did just that. Their dad was not a part of the plan. He wasnt supposed to be here during that time anyway. They were coming to visit with my family only. I think they were basically denied because the interviewer thought they may be a flight risk, but we were never told the exact reason.the attorney thinks it will be fine. I am just nervous and don't want to get my hopes up if this is a concern.I was curious as to other views on the situation. So am I understanding that because the situation is a totally different visa now that all will likely be ok?

Nothing is ever 100%, quick note. When my boys had their interview their dad was there as I had to work. Just FYI when I married my husband he was on an overstay of 6 years. He was approved ( CR6 and then ROOC ) and this was not even brought up during the interview for the boys in Bogota. All that was brought up was the relationship between my husband and I , I also had the opportunity to meet the boys in Colombia about 1 month before the interview so we also had pictures of all of us together.

I hope all goes well for you. Remember if you have not been married for 2 years at the time the children enter the US you will need to lift conditions on each one of them seperatly 1 year and 9 months after there entry to the US. They can not be included in the parents ROC unless they come within 90 days of the fathers LPR date

Edited April 8, 2010 by NArocks

[Luvnevrymin 1]

Nothing is ever 100%, quick note. When my boys had their interview their dad was there as I had to work. Just FYI when I married my husband he was on an overstay of 6 years. He was approved ( CR6 and then ROOC ) and this was not even brought up during the interview for the boys in Bogota. All that was brought up was the relationship between my husband and I , I also had the opportunity to meet the boys in Colombia about 1 month before the interview so we also had pictures of all of us together.

I hope all goes well for you. Remember if you have not been married for 2 years at the time the children enter the US you will need to lift conditions on each one of them seperatly 1 year and 9 months after there entry to the US. They can not be included in the parents ROC unless they come within 90 days of the fathers LPR date

Thx. Yes, my children have visited them three times for several weeks. I always had to work so couldn't go. But I've met the oldest one in person once. I talk to these kids all the time. I hope that is enough to establish a relationship. They also have a little sister here they have never met.

[sachinky 464]

Okay. Make sure they are aware of this previous denial.

They will be asked -- "have you ever been denied a US visa before?" -- "Why?"

I just heard of an acquantaince who was denied as B-2 as a child and was asked this question during her interview for a F-1 as an adult. Not remembering that particular instance, she replied no. She was denied her student visa and charged with misrepresentation which is a lifetime ban, I believe.