221g or denial?

[diamondfloor 10]

Hi All,

I am applying for permission from the UK courts to take my two children to the US with me (their father will not give permission for reasons not disclosed). So I find myself in a chicken/egg situation whereby the court won't give me permission to leave without a visa and they won't give my kids visas without permission from the courts

So here is my question: do I apply to the Embassy for all our visas hoping they will grant mine and expecting a 221g for the kids until I can get permission from the courts, then take my visa and the 221g to the court?

I guess I could also simply just apply for my K1, show this as evidence to the court and then apply for the kids visas when I get permission from the court? What is the procedure for doing this when the kids are under 14 - would I need to schedule visa appointments?

Or???

Anyone had any similar issues?

Trying to get everything in place for the start of the Fall semester in school

[baron555 934]

Hi All,

I am applying for permission from the UK courts to take my two children to the US with me (their father will not give permission for reasons not disclosed). So I find myself in a chicken/egg situation whereby the court won't give me permission to leave without a visa and they won't give my kids visas without permission from the courts

So here is my question: do I apply to the Embassy for all our visas hoping they will grant mine and expecting a 221g for the kids until I can get permission from the courts, then take my visa and the 221g to the court?

I guess I could also simply just apply for my K1, show this as evidence to the court and then apply for the kids visas when I get permission from the court? What is the procedure for doing this when the kids are under 14 - would I need to schedule visa appointments?

Or???

Anyone had any similar issues?

Trying to get everything in place for the start of the Fall semester in school

It's usually suggested you don't even begin the K-1 process until this permission is given....it could take a long time and you may time out if you get your K-1.

[diamondfloor 10]

Hi there Baron555,

Rest assured I have sought legal advice on this matter. I can't speak for others in this situation but, in the UK court system, I will need an approved visa for my case before they give me permission to relocate with the children. I have a lawyer and the court process is underway. He assures me that the courts will take the school timetable into consideration and ensure we have an answer in time to relocate for the Fall semester.

Anyone have any suggestions related to my initial question?

Thanks!

[Gary and Alla 3,696]

Hi All,

I am applying for permission from the UK courts to take my two children to the US with me (their father will not give permission for reasons not disclosed). So I find myself in a chicken/egg situation whereby the court won't give me permission to leave without a visa and they won't give my kids visas without permission from the courts

So here is my question: do I apply to the Embassy for all our visas hoping they will grant mine and expecting a 221g for the kids until I can get permission from the courts, then take my visa and the 221g to the court?

I guess I could also simply just apply for my K1, show this as evidence to the court and then apply for the kids visas when I get permission from the court? What is the procedure for doing this when the kids are under 14 - would I need to schedule visa appointments?

Or???

Anyone had any similar issues?

Trying to get everything in place for the start of the Fall semester in school

Yes many of us had similar issues and we settled them before filing the I-129f!!!!!!!!!!! Good grief.

DO NOT UNDER ANY CIRCUMSTANCES DO THAT! Settle the issue with the children FIRST, you should have settled that before you filed the petition but thought "Everything will be OK by then" Well, it isn't. If it cannot be settled I am sure your US fiance will gladly move to the UK to be with you because he LOVES you and the children and that is most important, right?

CHILDREN FIRST!

TBH if my fiancee were willing to leave her children behind or jeopardize them I would break it off post haste and find someone that had her priorities in order. How could I expect anyone to be committed to me if she were so casual with her children?

We settled the issues with the biological father of our two children BEFORE we filed the I-129f. It took 4 months. SO WHAT?

Fix your problems, THEN get a K-1. If you have to start over, then DO IT.

[Gary and Alla 3,696]

Hi there Baron555,

Rest assured I have sought legal advice on this matter. I can't speak for others in this situation but, in the UK court system, I will need an approved visa for my case before they give me permission to relocate with the children. I have a lawyer and the court process is underway. He assures me that the courts will take the school timetable into consideration and ensure we have an answer in time to relocate for the Fall semester.

Anyone have any suggestions related to my initial question?

Thanks!

Then seek full custody or whatever you need to do. Your premise that you have to have a visa first is nonsense. Perhaps the way you are trying to do it, that is true, but you are doing it wrong. There are thousands of UK women that do this every year and NONE of them had a VISA before they had a court order. Nonsense.

The consulate is NOT going to issue a visa to the children until they have the father's permission OR a court order of FULL CUSTODY including the specific permission to relocate the children permanently to the United States, There can be no vagueness about it.

As Baron suggests (another man that went through this and delayed his case for the child) fix the problem THEN file the I-129f If necessary, let the visa go by the wayside and start over when you fix the custody issue

I EXPECT to be number 2 behind the children (number 3 if you count the dog)

[Gary and Alla 3,696]

Or???

Anyone had any similar issues?

Trying to get everything in place for the start of the Fall semester in school

You are applying these artificially "important" things like "the start of fall semester in school" Who cares about that? What happens then, they get their fingers cut off? You realize that the education systems differ greatly and trying to coordinate anything between the two systems is silly. Your children are already far ahead of US children their age. They will likely be bumped up a grade or TWO shortly after arrival. Our son was and he barely spoke English when he arrived. So what? You are moving them to another continent, and all that entails, and you worry about the day they start school? Seriously?

Get your priorities in order, get you custody fixed and then think about the visa and school. If they do not have the visa by the start of school, then start school in the UK...what's the problem?

I have strong feelings about children. Children First. Grownup's priorities go behind

[baron555 934]

The consulate is NOT going to issue a visa to the children until they have the father's permission OR a court order of FULL CUSTODY including the specific permission to relocate the children permanently to the United States, There can be no vagueness about it.

This is a very TRUE statement. The Embassy WILL NOT issue them any visa until you have a permission letter from the father or the court order. Period.

If you don't believe me, merely email the Embassy and ASK them. They're nice folks and will tell you exactly what they want.

Edited March 14, 2013 by baron555