Children's dad (my ex-) does not want them to stay in the U.S

[rdlpulse 0]

Hello, everyone. I'm new here and don't even know if this is the right place to put this thread...

I am holding a conditional permanent resident status right now and I have kids in the Philippines. The father, whom I have been separated with for more than 5 years, has been coming here in the U.S by himself and it seems like he does not want the kids to stay with me. Before leaving the Philippines, we talked and have agreed on him getting the kids their visa so they can stay in the U.S. with me. But until now, he has not made an effort of getting them visas.

He said he is planning to take them here this year to stay with me but it seems like they will only have their vacation and leave with him.

My children misses me and I miss them terribly and time seems to be flying so fast and I have been missing out on their growing years... What should I do? How can I keep them here with me when I know that he won't allow it and that he will keep their passports from me, too. I wanted everything to be civil and the kids not to see us fighting but sometimes, it's just too much. I cannot trust his words, too, so even if I talk to him and convince him that it's for the kids' interests, I don't think he even would even care because he wants this power over me and over the kids.

Please help.

[JimVaPhuong 4,863]

Is the father a Filipino? You said "separated". Are you separated, or is your marriage annulled?

In all likelihood, the children cannot immigrate permanently to the US without the father's permission.

[rdlpulse 0]

Yes, the father is a Filipino and we are separated and not annulled.

Maybe there's something I can do..? *sigh So the only way would be to make him AGREE and permit them to stay? Why is it that we need his permission when I, too, am their parent and I also have rights over my children, right?

[payxibka 10,045]

what visa do you expect him to get for them? Is he a resident of the USA?

[rdlpulse 0]

Hi. No, he's not a resident. Maybe he can get just a tourist visa so they can come here then maybe I can petition them so they can stay for good or if they have decided that they do not like the life here, then at least they did not pass on an opportunity... That's what I was thinking, at least...

Edited June 7, 2010 by rdlpulse

[ekto 4]

Hi. No, he's not a resident. Maybe he can get just a tourist visa so they can come here then maybe I can petition them so they can stay for good or if they have decided that they do not like the life here, then at least they did not pass on an opportunity... That's what I was thinking, at least...

Hi rdlpulse.

how did you get your conditional status?

you can petition your ex husband and children since you are not legally separated.

[Boiler 45,658]

A visitor visa is for visiting, not immigrating.

It sounds like their Father has rightful concerns about them visiting the US.

It is doubtful whether they would get a visa anyway.

What is to stop you visiting? You were the one that left.

[rdlpulse 0]

One of them has a visa already, so two more needs the visa.

What would his rightful concerns be? I laid my cards on the table before leaving and he agreed to give me the kids once everything has settled for me. I have been asking him to be true to his words. He emailed me about his agreeing to it. And now, he's backing out.

My children and I are in constant communication with each other but it is so hard being so far away. They want to be with me (this is not forced, trust me), as the dad has his own life with another person. But he still does not want to let the kids go because that is just how he is- he needs the power over something/someone. I don't want to burn him but that's just how he is and I feel sorry that the kids don't feel the love and care of a father.

Edited June 7, 2010 by rdlpulse

[Lucky couple 1]

One of them has a visa already, so two more needs the visa.

What would his rightful concerns be? I laid my cards on the table before leaving and he agreed to give me the kids once everything has settled for me. I have been asking him to be true to his words. He emailed me about his agreeing to it. And now, he's backing out.

My children and I are in constant communication with each other but it is so hard being so far away. They want to be with me (this is not forced, trust me), as the dad has his own life with another person. But he still does not want to let the kids go because that is just how he is- he needs the power over something/someone. I don't want to burn him but that's just how he is and I feel sorry that the kids don't feel the love and care of a father.

I am sorry u are going through this. as a mother I can understand your pain. I almost got into same situation but I was lucky and I decided to bring all my kids first time time because their father is not trust worthy and wants to controle my life and the kids life though he is with another person.

Your x may be doing this also to spite u even though he himself is not really interested in having the kids. you may have to find time and go to your country and get custody of your kids and away from their father before u can make YOUR OWN arrangements to bring them to the US.you cant do much from here but u may be able to change some things if u went back home. its worth the try, after all they are your kids too. good luck

[LIFE'SJOURNEY 970]

Which question is the OP asking, the rights of her marriage, or the rights of her immigration status. The OP has never answered the question that will make some sense of all of this.

What visa type did the OP attain her LPR status from? If she is still married to her Fillipo husband, we could hope she didn't come here on a K1 or a CR1.

Did she come on a F1 or F2?

IF here children were to visit and over-stay, she can not AOS from a visitor visa? So, what is her concern, because to me it seems that they will have to go back home with the father no matter .

If she petitions the husband and children while her status is that of a LPR, isn't the wait time still greater than 5 years.

????????

[rdlpulse 0]

Which question is the OP asking, the rights of her marriage, or the rights of her immigration status. The OP has never answered the question that will make some sense of all of this.

Please read the thread again, maybe you will find the answers I tried to give. I'm sorry if it's confusing you.

What visa type did the OP attain her LPR status from? If she is still married to her Fillipo husband, we could hope she didn't come here on a K1 or a CR1.

Did she come on a F1 or F2?

I came as a B2, got a divorce then after a year and a half, got a conditional permanent residency (family-based visa).

If she petitions the husband and children while her status is that of a LPR, isn't the wait time still greater than 5 years.

Why would I want to petition the father? I don't even want anything to do with him. So that is out of the question.

@Luckycouple: Thank you so much for your post. You don't know how much it means to me... I do hope someone can give light to what I need to do cause I can be barred if I go while I haven't removed the conditional status.

[LIFE'SJOURNEY 970]

Please read the thread again, maybe you will find the answers I tried to give. I'm sorry if it's confusing you.

I came as a B2, got a divorce then after a year and a half, got a conditional permanent residency (family-based visa).

Why would I want to petition the father? I don't even want anything to do with him. So that is out of the question.

@Luckycouple: Thank you so much for your post. You don't know how much it means to me... I do hope someone can give light to what I need to do cause I can be barred if I go while I haven't removed the conditional status.

Yes, the father is a Filipino and we are separated and not annulled.

I came as a B2, got a divorce then after a year and a half, got a conditional permanent residency (family-based visa).

Please clarify this statement "and we are separated", does this means you are divorcedfrom the Filipino?

Plus, since you are a LPR, you will have a long wait time for visas for your children.

[Deputy Purple 1,294]

My answer is based on a couple of assumptions:

First I'm assuming that the family based visa was marriage as you mentioned that you divorced your Filipino Husband while in the US.

Second, I'm assuming that your Filipino husband will sign the consent forms for your children to travel.

Have your new American husband petition the children as his step children, they'll both ber here in less than 1 year and land with a status that issues them greencards.

[Married2009 32]

Yes, the father is a Filipino and we are separated and not annulled.

I came as a B2, got a divorce then after a year and a half, got a conditional permanent residency (family-based visa).

Please clarify this statement "and we are separated", does this means you are divorcedfrom the Filipino?

Plus, since you are a LPR, you will have a long wait time for visas for your children.

From what I understand, PI does not recognize divorce. For her to be 'single' there, it would have to be annulled in the Philippines. She most likely got a divorce in the States, and remarried here.

Edited June 7, 2010 by Married2009

[LIFE'SJOURNEY 970]

So, the Phil will not regonize her div, nor her re-marry status. So, how will she obtain legal custody of her children, if the Phil is not regonizing her div?

Is she still married to her US husband, because the 2nd statement led me to believe that she div her US husband? Then my questions would be the same that BOB 4 Ana is asking?