Jump to content
nychelp
 Share

4 posts in this topic

Recommended Posts

nychelp Rookie

nychelp   0

Posted
Filed: Timeline
Posted

My Chinese citizen fiance is planning to file for AOS/Green Card (apologies, I don't really know the correct terminology for all of this) shortly after our upcoming marriage. She has a six year old son (not my biological child, but he lives with me and is considered my son and part of my family) was born in the USA and is an American (and not a Chinese citizen). If for some reason they reject her application and put her in removal proceedings, what is likely to happen to her son? Would he be automatically sent with her back to China or would he possibly be left in my care here in the US?

Link to comment
Share on other sites
VanessaTony Grand Master

VanessaTony   3,567

Posted
Filed: Citizen (apr) Country: Australia
 Timeline
Posted

My Chinese citizen fiance is planning to file for AOS/Green Card (apologies, I don't really know the correct terminology for all of this) shortly after our upcoming marriage. She has a six year old son (not my biological child, but he lives with me and is considered my son and part of my family) was born in the USA and is an American (and not a Chinese citizen). If for some reason they reject her application and put her in removal proceedings, what is likely to happen to her son? Would he be automatically sent with her back to China or would he possibly be left in my care here in the US?

That's an interesting question. The child isn't yours and you are not its legal guardian. I'm not entirely sure whether being a step-father gives you any legal rights to the child, I doubt it but i would say it depends on state laws. They can't deport a US citizen though so either the mother takes the child with her, the STATE takes the child into foster care, or perhaps the mother could sign over guardianship to you. Where is the biological father? Why don't you adopt the child?

Aussie K1 process - http://www.visajourney.com/forums/topic/206016-australian-beneficiaries-packet-3-to-interview-date/
AOS, EAD & AP - the Aussie Way (including document list) - http://www.visajourney.com/forums/topic/235331-aos-ead-ap-from-k1-the-aussie-way-doc-list-included/
ROC April 2012 - http://www.visajourney.com/forums/topic/358760-i-751-april-2012-filers/ (includes document list)
N-400 April 2013 - http://www.visajourney.com/forums/topic/412738-n-400-april-2013-filers/ (includes document list)

N-400 Interview review - http://www.visajourney.com/forums/topic/412738-n-400-april-2013-filers/?p=6381814

N-400 Oath Ceremony review - http://www.visajourney.com/forums/topic/412738-n-400-april-2013-filers/?p=6537699
Aussie Chat page continued - http://www.visajourney.com/forums/topic/331922-new-2011-land-downunder-aussie-aussie-aussie-oi-oi-oi/
Aussie Name Change on Passport Process - http://www.visajourney.com/forums/topic/248400-australian-passport-name-change-process/
Travel on maiden name passport with married name GC, tickets in married name - http://www.visajourney.com/forums/topic/183541-land-downunder-aussie-aussie-aussie-oi-oi-oi/page__view__findpost__p__4135806
Shipping Costs from Aus to US - http://www.visajourney.com/forums/topic/293179-shipping-costs-aus-to-usa/

Notes:
- For my "standard" timeline please see timeline to the left
- For timeline with Aussie specifics & more detailed info, please see the "About Me" section of my profile

Link to comment
Share on other sites
Operator Experienced

Operator   1,927

Posted
Filed: Other Country: China
 Timeline
Posted

Two questions. Is the dad a US or PRC (or some other) citizen? and , Why are you worried about removal proceedings?

I would think that if the boy's biological father is a USC he would be granted custody, unless there are other circumstances at play.

Link to comment
Share on other sites
 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
 Share
Go to topic listing
- Back to Top -

Important Disclaimer: Please read carefully the Visajourney.com Terms of Service. If you do not agree to the Terms of Service you should not access or view any page (including this page) on VisaJourney.com. Answers and comments provided on Visajourney.com Forums are general information, and are not intended to substitute for informed professional medical, psychiatric, psychological, tax, legal, investment, accounting, or other professional advice. Visajourney.com does not endorse, and expressly disclaims liability for any product, manufacturer, distributor, service or service provider mentioned or any opinion expressed in answers or comments. VisaJourney.com does not condone immigration fraud in any way, shape or manner. VisaJourney.com recommends that if any member or user knows directly of someone involved in fraudulent or illegal activity, that they report such activity directly to the Department of Homeland Security, Immigration and Customs Enforcement. You can contact ICE via email at Immigration.Reply@dhs.gov or you can telephone ICE at 1-866-347-2423. All reported threads/posts containing reference to immigration fraud or illegal activities will be removed from this board. If you feel that you have found inappropriate content, please let us know by contacting us here with a url link to that content. Thank you.
“;}
×
×
  • Create New...