Wifes (LPR) - Minor Child - Getting a Visa

[kennym 275]

Guys

I need your help.. I am attempting to help my wife's daughter to get a visitors visa.. Having difficulty finding answers..

Here is our story.. in 2010, I submitted the 1-129 F for my wife and 9 year old daughter. Our Petition was Approved, and Applied for the Visa for only my wife. My wife entered the US on a K-1 Visa.. We're married and she has her 2 year green card.. We waited 6 months and applied for the K-2 Visa for my Step Daughter and recieved the visa in october of 2011.. However, at the end the daughters biological father, felt he couldnt live without the daughter and would not sign permission for her to leave the country permanently..

So in March of 2012, the Visa for my step daughter expired..

My wife spends a lot of time traveling back to Colombia, to be with her Daughter, and has asked me to apply for the Visitors visa so her daughter can spend some time here with her mom during her vacations...

Can anyone help us with some fundamental questions?

How does a 9 year old meet the following criteria..

from state department website

The presumption in the law is that every visitor visa applicant is an intending immigrant. Therefore, applicants for visitor visas must overcome this presumption by demonstrating that:

•The purpose of their trip is to enter the U.S. for business, pleasure, or medical treatment;

•That they plan to remain for a specific, limited period;

•Evidence of funds to cover expenses in the United States;

•Evidence of compelling social and economic ties abroad; and

•That they have a residence outside the U.S. as well as other binding ties that will insure their return abroad at the end of the visit.

How can a 9 year old provide the following?

•Evidence of compelling social and economic ties abroad

Would it make more sense to resubmit a petition for her and then get a travel document to remain outside the US for extended periods of time..

I am looking for help to pursue this legally and properly.. any help is appreciated..

Kenny

[ceadsearc 515]

Resubmitting for the green card wouldn't make sense if she isn't going to live here.

Evidence that the father has custody might help (of course he would have to give permission to travel), as well as evidence she is enrolled in school in her country.

[Ning 619]

Guys

I need your help.. I am attempting to help my wife's daughter to get a visitors visa.. Having difficulty finding answers..

Here is our story.. in 2010, I submitted the 1-129 F for my wife and 9 year old daughter. Our Petition was Approved, and Applied for the Visa for only my wife. My wife entered the US on a K-1 Visa.. We're married and she has her 2 year green card.. We waited 6 months and applied for the K-2 Visa for my Step Daughter and recieved the visa in october of 2011.. However, at the end the daughters biological father, felt he couldnt live without the daughter and would not sign permission for her to leave the country permanently..

So in March of 2012, the Visa for my step daughter expired..

My wife spends a lot of time traveling back to Colombia, to be with her Daughter, and has asked me to apply for the Visitors visa so her daughter can spend some time here with her mom during her vacations...

Can anyone help us with some fundamental questions?

How does a 9 year old meet the following criteria..

How can a 9 year old provide the following?

•Evidence of compelling social and economic ties abroad

Would it make more sense to resubmit a petition for her and then get a travel document to remain outside the US for extended periods of time..

I am looking for help to pursue this legally and properly.. any help is appreciated..

Kenny

You dont apply for the visa. At 9 neither does the child really.

The child will not get a tourist visa unless the father takes her in for the interview to explain her has legal custody & will sign to let her travel.

You will also not get a immigrant based visa for her unless the father signs the letter allowing her to immigrate to live in the USA.

[Boiler 43,425]

She applies and finds out if she can get a Visitor Visa - assuming her Father agrees. Not the easiest Consulate.

[kennym 275]

You dont apply for the visa. At 9 neither does the child really.

The child will not get a tourist visa unless the father takes her in for the interview to explain her has legal custody & will sign to let her travel.

You will also not get a immigrant based visa for her unless the father signs the letter allowing her to immigrate to live in the USA.

Guys,

Thanks everyone for your help.. but, Just to clarify..

we are not in a battle with the father.. At the time of the first K2 Visa, he changed his mind..

Our experience shows they Embassy never asked about the fathers perrmission.. that only seems to matter at the airport when the minor child is ready to get on the plane...

My questions are purely about getting the visa.. we will work out the issue with the father.. I really am looking for help on what is needed to have a 9 year old qualify for a visa..

Keep in mind, we had an Immigrant visa for her in the past which expired.. Now we're trying to get a visa for her to come visit while she has her breaks from school..

Also, I've wondered why we cant just get the her an Immigrant Visa again and simply apply for travel documents for her based on the fact that she plans to come live with her mom when she is older..

These are simply ideas and looking for the best way to ensure we succeed in getting the visa without breaking any rules..

[Penguin_ie 5,984]

Getting a tourist visa will be difficult for a minor with a mom living in the USA and a USC step dad. The temptation/ presumption that she will stay is just too great. However, it only costs a couple of hundred dollars to apply, so probably worth it to give it a try, and the only way she'd visit this summer. Her father would apply for her, not you. You and her mom can send a letter of invitation saying what you'll do during the summer and promising she will go back because her father has custody and she is enrolled in school for next year.

"Also, I've wondered why we cant just get the her an Immigrant Visa again and simply apply for travel documents for her based on the fact that she plans to come live with her mom when she is older.."

- Travel docs last for 2 years max. When will the father allow her to immigrate permanently? If within three years is a possibility (as getting the visa would take most of a year), then yes, that is an option. You as the step dad would petition your step daughter, not the mom. Applying so close to the expiry of the K2, there will be questions as to why, but should not be a major issue.

[Boiler 43,425]

She applies for a B2, all the information is on the Consulate web site.

[kennym 275]

Getting a tourist visa will be difficult for a minor with a mom living in the USA and a USC step dad. The temptation/ presumption that she will stay is just too great. However, it only costs a couple of hundred dollars to apply, so probably worth it to give it a try, and the only way she'd visit this summer. Her father would apply for her, not you. You and her mom can send a letter of invitation saying what you'll do during the summer and promising she will go back because her father has custody and she is enrolled in school for next year.

"Also, I've wondered why we cant just get the her an Immigrant Visa again and simply apply for travel documents for her based on the fact that she plans to come live with her mom when she is older.."

- Travel docs last for 2 years max. When will the father allow her to immigrate permanently? If within three years is a possibility (as getting the visa would take most of a year), then yes, that is an option. You as the step dad would petition your step daughter, not the mom. Applying so close to the expiry of the K2, there will be questions as to why, but should not be a major issue.

Thanks

I am wondering about the Custody Issue though that you brought up..

So... My wife spends almost as much time in Colombia as she does in the US since her daughter is still in Colombia.. The daughter stays with her mom when my wife is down there.. Couldn't my wife apply while she was there with the daughter?

Also, it seems the Embassy has gotten a lot friendlier.. They have a policy regarding who needs to appear for interviews. and children under the age of 14 don't need to appear... Unless, they have a parent already with a green card or a USC parent.. I wonder why that is..

I wonder why it would raise suspicion about a daughter wanting to be with her mom, especially since a child of a US Resident or US Citizen can already qualify if we submit the I-130?

Also, from the State Dept website, a US Resident can petition for a son, daughter or spouse...

These are the things that make the visa application a little confusing..

Kenny

[kennym 275]

She applies for a B2, all the information is on the Consulate web site.

Thanks Boiler...

But does the following create problems for us..

• US Resident Mom..
  
• Expired K-2 Visa..
  

Kenny

[Penguin_ie 5,984]

- Couldn't my wife apply while she was there with the daughter?

Yes, but the father would still need to allow the child to leave permanently. Is he now willing to do that? If so, no problem.

- I wonder why it would raise suspicion about a daughter wanting to be with her mom, especially since a child of a US Resident or US Citizen can already qualify if we submit the I-130?

Because a tourist visa is cheaper and much quicker, thus the suspicion of immigrant intent.

- from the State Dept website, a US Resident can petition for a son, daughter or spouse...

She (the LPR mom) can petition for her daughter if she wants, but it wil take much longer to get a visa as there is a priority date to be reached. As the minor step child of a USC, there is no waitinglist and her visa will be immediately available (after the processing time of 8-ish months).

[kennym 275]

- Couldn't my wife apply while she was there with the daughter?

Yes, but the father would still need to allow the child to leave permanently. Is he now willing to do that? If so, no problem.

- I wonder why it would raise suspicion about a daughter wanting to be with her mom, especially since a child of a US Resident or US Citizen can already qualify if we submit the I-130?

Because a tourist visa is cheaper and much quicker, thus the suspicion of immigrant intent.

- from the State Dept website, a US Resident can petition for a son, daughter or spouse...

She (the LPR mom) can petition for her daughter if she wants, but it wil take much longer to get a visa as there is a priority date to be reached. As the minor step child of a USC, there is no waitinglist and her visa will be immediately available (after the processing time of 8-ish months).

Thanks for your replies...

all good points, thanks...

The father is willing to allow the daughter to leave on visits.. There is no custody arrangement.. the daughter has always lived with her mom.. but since we struggled with his permission, the daughter lived with the father while her mom was in the US.. Now my wife goes there 3-4 times a year and stays for 1-2 months each time..

Her daughter has travelled out of the country with her mom and with her fathers permission on vacations to Panama in the past..

Kenny