Visitors visa for husbands child

[Roxy5212 3]

My husband came here on a K1 visa and we applied for his adjustment of status in December we are waiting to get his work permit and green card.

 

can I apply for his son to get a visitors visa or does my husband need to do so after he gets his green card?

 

thanks 

[aaron2020 11,651]

The child files on his own.  Neither you or your husband can file for the child.  Someone can assist the child to fill out the DS-160.

 

The child will need to show strong ties to the home country to overcome the legal presumption that all applicants intend to immigrate.

 

The US Embassy is well aware that people use the tourist visa as a shortcut for immigration.  This is why it's tough to get tourist visas.

 

Do you intend to have the child immigrate to the US?

Edited February 10, 2017 by aaron2020

[Roxy5212 3]

1 hour ago, aaron2020 said:

The child files on his own.  Neither you or your husband can file for the child.  Someone can assist the child to fill out the DS-160.

 

The child will need to show strong ties to the home country to overcome the legal presumption that all applicants intend to immigrate.

 

The US Embassy is well aware that people use the tourist visa as a shortcut for immigration.  This is why it's tough to get tourist visas.

 

Do you intend to have the child immigrate to the US?

He will not me migrating to the US he's only 7 so I was under the assumption that a parent or guardian has to file as my mom did for me when I was a child. 

[aaron2020 11,651]

4 hours ago, Roxy5212 said:

He will not me migrating to the US he's only 7 so I was under the assumption that a parent or guardian has to file as my mom did for me when I was a child. 

Your mom filled out the application.  You actually applied for yourself.  Someone assisting you in filling out the application is not the same as that person filing for you.  No one can actually file a visitor visa application for someone else.

[neilsqueen 433]

9 hours ago, Roxy5212 said:

He will not me migrating to the US he's only 7 so I was under the assumption that a parent or guardian has to file as my mom did for me when I was a child. 

Either your husband or the child's mother can fill out the application.  We went thru this with my husband's daughter.  We wanted to fill out the paperwork but the crazy mother said she wanted to do it because she wanted to make sure we weren't "stealing" my husbands own daughter . Remember that your husband's son needs a passport too.  We went through that also. The mother filled out all the paperwork on her end and obtained the passport.  Wishing you the best! 

Edited February 10, 2017 by neilsqueen

[aaron2020 11,651]

13 minutes ago, neilsqueen said:

Either your husband or the child's mother can fill out the application.  We went thru this with my husband's daughter.  We wanted to fill out the paperwork but the crazy mother said she wanted to do it because she wanted to make sure we weren't "stealing" my husbands own daughter . Remember that your husband's son needs a passport too.  We went through that also. The mother filled out all the paperwork on her end and obtained the passport.  Wishing you the best! 

International parental kidnapping happens.  Anyone sending their child abroad to an ex should be concern.

[NikLR 13,220]

1 hour ago, aaron2020 said:

International parental kidnapping happens.  Anyone sending their child abroad to an ex should be concern.

Exactly.  My daughter requires a notarized letter from both of us when she travels alone, or from me if her father leaves Canada to vacation.  I require a notarized letter from him if I leave the USA with her.  

[Roxy5212 3]

3 hours ago, neilsqueen said:

Either your husband or the child's mother can fill out the application.  We went thru this with my husband's daughter.  We wanted to fill out the paperwork but the crazy mother said she wanted to do it because she wanted to make sure we weren't "stealing" my husbands own daughter . Remember that your husband's son needs a passport too.  We went through that also. The mother filled out all the paperwork on her end and obtained the passport.  Wishing you the best! 

Thanks my husband is also from Jamaica his child's mother has a great relationship with the both of us. Did you have success with your husbands daughter obtaining her visitors visa? 

[Thegirl 224]

You aren't filing for the child so it doesn't matter if the father has his green card or not etc.Someone just needs to fill it out. His mom will need to give permission for him to leave. You (whoever is going to the interview with him) will need to prove he will return . Really depends on the child's and guardian who is accompanying him to the interview ability to convince the CO that he will not come to live with his father. Otherwise the process is just the same as anybody else applying for a tourist visa. 

[neilsqueen 433]

10 hours ago, aaron2020 said:

International parental kidnapping happens.  Anyone sending their child abroad to an ex should be concern.

And the US will allow us to kidnap a child?

[neilsqueen 433]

6 hours ago, Roxy5212 said:

Thanks my husband is also from Jamaica his child's mother has a great relationship with the both of us. Did you have success with your husbands daughter obtaining her visitors visa? 

I'm so glad you have a good relationship with her.  I truly wish we did.  She has cut my husband out of his daughters life at this point.  She is pissed he married an white American.  They were not even together three years before we met.  He continues to pay child support every month even though she will not allow her to talk with him.  We will be traveling down soon to get the authorities involved.

[aaron2020 11,651]

4 hours ago, neilsqueen said:

And the US will allow us to kidnap a child?

No.  But a kidnapper wouldn't exactly act within the law.

 

Here is how it would go down.  You don't put the child on the plane to go home.  That's the kidnapping.  The US Government has nothing to do with the kidnapping.  No one is allowing you to kidnap a child.  You act on your own.  The only way for the non-US parent to get custody back is to sue in a US family court.  Not many people can afford that.

 

If I was to send my child to an ex in a foreign country (especially an ex I do not get along with), I sure hell would want a legally binding agreement or court order that the child is to be returned by a certain date.

 

Don't take offense at this.  Just because you wouldn't do it, doesn't mean that it doesn't happen to other people.  Google "international parental kidnapping" and you will see why it's smart to have a legally binding agreement or court order in place before sending a child to an ex in a foreign country.

Edited February 11, 2017 by aaron2020

[caliliving 606]

1 hour ago, aaron2020 said:

No.  But a kidnapper wouldn't exactly act within the law.

 

Here is how it would go down.  You don't put the child on the plane to go home.  That's the kidnapping.  The US Government has nothing to do with the kidnapping.  No one is allowing you to kidnap a child.  You act on your own.  The only way for the non-US parent to get custody back is to sue in a US family court.  Not many people can afford that.

 

If I was to send my child to an ex in a foreign country (especially an ex I do not get along with), I sure hell would want a legally binding agreement or court order that the child is to be returned by a certain date.

 

Don't take offense at this.  Just because you wouldn't do it, doesn't mean that it doesn't happen to other people.  Google "international parental kidnapping" and you will see why it's smart to have a legally binding agreement or court order in place before sending a child to an ex in a foreign country.

 

i remember even some actress in hollywood and her husband were doing a huge legal fight about the kids she had in america and she got ordered to return the kids to spain:/