Ex-spouse & children

[David and Karen 0]

Ok be patient with me here. I have an interesting situation. My ex is ok with my move with the girls (Finally!) Now it is down to signing the final papers to make things official. He is still ok with the move. But the proposal I got from his lawyer today says that he (my ex) isn't willing to give me permission to apply for permanent residency for the children unless it is required for schooling or medical reasons. So I guess what I am asking is...for those of you with young children how have you dealt with this or similar?

He is ok with me moving their permanent residence but not ok with me applying for permanent residency for them? Ummm....help??!!

[raymaga 25]

There is no way your children can remain in the U.S. permanently without them having GC's (Permanent Resident Status).

I'm not sure if it is mandatory for children to be GC holders in order to attend school, but it could affect them being able to be added to any medical insurance (of either yourself or your spouse).

Why would your ex put such a restriction on them? What difference does it make if they "live" in the U.S. permanently or are Permanent Residents? The fact remains that they will live in the U.S. with you and can visit their Father any time they want.

I don't get it.

[David and Karen 0]

There is no way your children can remain in the U.S. permanently without them having GC's (Permanent Resident Status).

I'm not sure if it is mandatory for children to be GC holders in order to attend school, but it could affect them being able to be added to any medical insurance (of either yourself or your spouse).

Why would your ex put such a restriction on them? What difference does it make if they "live" in the U.S. permanently or are Permanent Residents? The fact remains that they will live in the U.S. with you and can visit their Father any time they want.

I don't get it.

Ummm last ounce of control is my guess. I found it interesting that he followed up his refusal to allow me to file for permanent residency with...unless it was necessary for education or medical reasons. Well I know that they need SSN for school....and to be added to Daves insurance....doesn't that mean permanent residency? Without they would have to leave within the 90 days I think.

I am just looking online to find something that tells me that the K2 has to file for permanent residency and that it is required for school or such. So far no luck. Just see that after the marriage takes place the K1 holder has to apply for it.

I really don't think he has an issue. I think it is about making things difficult for me and making it as though he is allowing another request. Ya know? I just need something to show him or my/his lawyer. My lawyer is away and I got the papers via his assistant. So I have yet to discuss it.

[wally 0]

maybe you need to inform his lawyer and print some stuff from USCIS that the kids CAN'T live there for an extended time without the K2 visas therefore what's their point.

There is no way your children can remain in the U.S. permanently without them having GC's (Permanent Resident Status).

I'm not sure if it is mandatory for children to be GC holders in order to attend school, but it could affect them being able to be added to any medical insurance (of either yourself or your spouse).

Why would your ex put such a restriction on them? What difference does it make if they "live" in the U.S. permanently or are Permanent Residents? The fact remains that they will live in the U.S. with you and can visit their Father any time they want.

I don't get it.

Ummm last ounce of control is my guess. I found it interesting that he followed up his refusal to allow me to file for permanent residency with...unless it was necessary for education or medical reasons. Well I know that they need SSN for school....and to be added to Daves insurance....doesn't that mean permanent residency? Without they would have to leave within the 90 days I think.

I am just looking online to find something that tells me that the K2 has to file for permanent residency and that it is required for school or such. So far no luck. Just see that after the marriage takes place the K1 holder has to apply for it.

I really don't think he has an issue. I think it is about making things difficult for me and making it as though he is allowing another request. Ya know? I just need something to show him or my/his lawyer. My lawyer is away and I got the papers via his assistant. So I have yet to discuss it.

[David and Karen 0]

maybe you need to inform his lawyer and print some stuff from USCIS that the kids CAN'T live there for an extended time without the K2 visas therefore what's their point.

That's my problem. I can't find anything specific regarding the children. I can find here and on USCIS that after the marriage takes place that the K1 holder is to apply in order to remain past 90 days and be legal to live and work in the USA. I cannot find anything regarding the K2.

[wally 0]

doesn't the K2's fall under the K1 umbrella?

that is there cannot be K2 without K1?

maybe you need to inform his lawyer and print some stuff from USCIS that the kids CAN'T live there for an extended time without the K2 visas therefore what's their point.

That's my problem. I can't find anything specific regarding the children. I can find here and on USCIS that after the marriage takes place that the K1 holder is to apply in order to remain past 90 days and be legal to live and work in the USA. I cannot find anything regarding the K2.

[David and Karen 0]

Yes. What you are saying makes sense. I see it on USCIS. It only references K1 though. And states to legally live and work. I am trying to find something a little more specific with regards to education and medical if I can for the K2. Since that is specifically what the ex referenced. I see that the permanent residency for K2 tags along with the K1.

Wally....you know the story of my ex. I am trying to be as clear as I can so he doesn't create yet another hoop for us to jump through. Sighs

[wally 0]

can you PM or Messenger?

Yes. What you are saying makes sense. I see it on USCIS. It only references K1 though. And states to legally live and work. I am trying to find something a little more specific with regards to education and medical if I can for the K2. Since that is specifically what the ex referenced. I see that the permanent residency for K2 tags along with the K1.

Wally....you know the story of my ex. I am trying to be as clear as I can so he doesn't create yet another hoop for us to jump through. Sighs

[David and Karen 0]

can you PM or Messenger?

Yes. What you are saying makes sense. I see it on USCIS. It only references K1 though. And states to legally live and work. I am trying to find something a little more specific with regards to education and medical if I can for the K2. Since that is specifically what the ex referenced. I see that the permanent residency for K2 tags along with the K1.

Wally....you know the story of my ex. I am trying to be as clear as I can so he doesn't create yet another hoop for us to jump through. Sighs

Just signed on msn.

[ceriserose 1]

From the USCIS site:

http://www.uscis.gov/graphics/publicaffair.../life081401.htm

http://www.uscis.gov/graphics/howdoi/child.htm

http://www.uscis.gov/graphics/howdoi/agingout.htm

I don't know if they're exactly what you need, but it might help.

[David and Karen 0]

From the USCIS site:

http://www.uscis.gov/graphics/publicaffair.../life081401.htm

http://www.uscis.gov/graphics/howdoi/child.htm

http://www.uscis.gov/graphics/howdoi/agingout.htm

I don't know if they're exactly what you need, but it might help.

Thanks. I appreciate the input. I'll have a read.

[raymaga 25]

I know that K-2's need to adjust their status just like K-1's do, so without any regard for the school or medical issues, your children would not be able to stay in the U.S. indefinitely to live and work without having GC's (becoming Permanent Residents, that is).

So, they would only be able to stay until their K-2 Visas expired if you aren't going to apply for their AOS, so what's the point in them even coming with you if they can only stay temporarily?

[David and Karen 0]

I know that K-2's need to adjust their status just like K-1's do, so without any regard for the school or medical issues, your children would not be able to stay in the U.S. indefinitely to live and work without having GC's (becoming Permanent Residents, that is).

So, they would only be able to stay until their K-2 Visas expired if you aren't going to apply for their AOS, so what's the point in them even coming with you if they can only stay temporarily?

That is exactly how I plan to spell it out to my ex and his lawyer. Sheesh! Anything for him to make this process just a tad more difficult.

Thank you all for the input. I can see the obvious and could before I posted. My dilemma was finding something that validated my thought in a way that would be acceptable to him. Grrr!

[evilcanuck 0]

maybe upon explaining the process to him, offer to not get them thier citizenship? i mean, its a compromise and honestly once you get them here, he cant stop you heh (sneaky but.... )

Is the document he is giving you for permission going to include this stipulation? If not I wouldnt stress about it, once you have the visa in your hand you are all set.

When I took my son to the consulate I just showed the seperation agreement with custoday arrangements (wife has sole custody). Thats all I needed. We dont know where my ex is day to day or how to contact him, at the time of the vsa interview we had not heard from him in 2 years......

[meauxna 15]

geez, what kind of weasely game does he think he's at? Try these instead.

http://www.uscis.gov/graphics/howdoi/fiance.htm

lay some law talk on his lawyer, that ought to run the bill up...

http://tinyurl.com/qzkha

6) Adjustment of status from nonimmigrant to immigrant --

(i) [Reserved] (Removed and reserved 8/14/01; 66 FR 42587)

(ii) Nonimmigrant visa issued on or after November 10, 1986. Upon contracting a valid marriage to the petitioner within 90 days of his or her admission as a nonimmigrant pursuant to a valid K-1 visa issued on or after November 10, 1986, the K-1 beneficiary and his or her minor children may apply for adjustment of status to lawful permanent resident under section 245 of the Act. Upon approval of the application the director shall record their lawful admission for permanent residence in accordance with that section and subject to the conditions prescribed in section 216 of the Act. (Amended 8/14/01; 66 FR 42587)

(meauxna)If the K-1/K-2 does not adjust from non-immigrant to immigrant, their stay expires after 90 days.

http://tinyurl.com/pxzgx

INA: ACT 214 - ADMISSION OF NONIMMIGRANTS