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JamesySofia

My k-1 wife's ex spouse.

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My wife from Colombia recieved her k-1 Visa along with her children a couple months ago, and we have since got married, and her ex-spouse has started to become a thorn in our side.

 

When he signed his letter of consent he was pressured by his parents to give a request that he would be able to contact them by phone, which was agreed to, his parents were very involved with the children (though he was not,  and never contacted them). Since they have arrived he has called every day (which is not the point) but if/when his call is not received initially he will call repeatedly. As we explained to him we are all busy, his children are not the only ones we are caring for and sometimes we cannot answer. He tends not to appreciate that and feels he is being ignored purposely, and though my wife has custody of the children I am given to understand in Colombia the father always retains some rights after the divorce.

 

So, he has started to request they come visit him soon, and we are worried he will make it impossible for the children to return. So my question is: Do the children need his consent every time they want to come back to the USA and can he legally detain them if they are to travel back to CO?

Edited by JamesySofia
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Are you in Columbia?  The laws are different here.  He should have only the rights that are given in the divorce MSA or what your wife gives him.  Generally in the States both parents have to consent to a trip out of state.  How old are the kids?  Who goes with them if they visit Columbia?  Were they K-2s?


June 6,  2017 - Filed the K-1

April 20, 2018 - K-1 refused

June 11, 2018 - Got married in Pateros, Metro Manila

September 10, 2018 - Filed the CR-1

September 11, 2018 - Priority Date

September 14, 2018 -  NOA-1

 

 

PHILIPPINES ONLY!!!  CFO (Commission on Filipinos Overseas) INFO - Can't leave home without it!

 

PDOS (Pre-Departure Registration and Orientation Seminar) is for ages 20-59.  Peer Counseling is for 13-19 years of age.

It is required to have the visa in their passport for PDOS and Peer Counseling.

 

GCP (Guidance and Counseling Program) is for K-1 Fiancee and IR/CR-1 spouse ONLY.   These are the only ones that can attend the seminar without their visa.

 

 

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Just part of the game really.


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27 minutes ago, John & Rose said:

Are you in Columbia?  The laws are different here.  He should have only the rights that are given in the divorce MSA or what your wife gives him.  Generally in the States both parents have to consent to a trip out of state.  How old are the kids?  Who goes with them if they visit Columbia?  Were they K-2s?

No we are in Kentucky, we haven't had them visit yet and they are k2, we are still waiting on adjustment of status.

Edited by JamesySofia

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52 minutes ago, John & Rose said:

Are you in Columbia?  The laws are different here.  He should have only the rights that are given in the divorce MSA or what your wife gives him.  Generally in the States both parents have to consent to a trip out of state.  How old are the kids?  Who goes with them if they visit Columbia?  Were they K-2s?

 

Not true.  Unless restricted by court order, a child is free to travel as the  parent with current possession allows. In the US, a mother does not automatically get control over the children of a marriage or where paternity has been determined.

 

OP,  You need to step out of this.  It is between the parents. If your wife has a legal question about what is required by her divorces/custody orders, she should consult an attorney knowledgeable with Columbia and US law.  The AILA organization or Martindale are the best places to try to locate an attorney with the proper expertise.

 

As for the children's father being the problem, you are grossly mistaken.  The children have two parents, and you are not one of them.  It was incredible selfish for your wife to deprive the children of a relationship with their father and his family.  You would move to Columbia as a family if you really were concerned about the children.

 

Quite frankly, I find your attitude about controlling access of a father to his children to be disgusting.  He is the one who has been affected by their being removed from their home area. Contact should be at his convenience, not yours.

 

 

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1 hour ago, Greenbaum said:

Each situation is different and each country is different. I would find a Family and Immigration Lawyer and nip this in the bud. As you said, once the children are their on a visit, it is also my contention, as it is yours, the children will not be coming back without a larger fight. Right now you have the "gold" so you can make the rules with the help of a lawyer.

 

If there is a possibility you may want to look into providing the parents with a ECO Show from Amazon and one for your family. If the parents can see the children when they are talking it greatly enhances the experience for them and since in the past they seem to have control over "him" it might be a small investment for your personal family time. I wish you the best.

 

https://www.amazon.com/dp/B077SXWSRP/ref=fs_ods_bp

 

Children are not property. OP has NO rights in this situation. The children are, apparently, not even LPRs in the US at this time.

 

It is in the best interest of the children to have relationships with BOTH parents.  OP wants to deny this to them.

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3 minutes ago, CEE53147 said:

 

Children are not property. OP has NO rights in this situation. The children are, apparently, not even LPRs in the US at this time.

 

It is in the best interest of the children to have relationships with BOTH parents.  OP wants to deny this to them.

I read it as they are being overly cautious and they too have rights. But I can't deny the fact of what you say about the father's rights where I agree with you. There should be a happy medium. But, IMHO I wouldn't do it with out counsel. There are two sides to the story and we only have their side.


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13 minutes ago, CEE53147 said:

 

Not true.  Unless restricted by court order, a child is free to travel as the  parent with current possession allows. In the US, a mother does not automatically get control over the children of a marriage or where paternity has been determined.

 

OP,  You need to step out of this.  It is between the parents. If your wife has a legal question about what is required by her divorces/custody orders, she should consult an attorney knowledgeable with Columbia and US law.  The AILA organization or Martindale are the best places to try to locate an attorney with the proper expertise.

 

As for the children's father being the problem, you are grossly mistaken.  The children have two parents, and you are not one of them.  It was incredible selfish for your wife to deprive the children of a relationship with their father and his family.  You would move to Columbia as a family if you really were concerned about the children.

 

Quite frankly, I find your attitude about controlling access of a father to his children to be disgusting.  He is the one who has been affected by their being removed from their home area. Contact should be at his convenience, not yours.

 

 

In Illinois any child under 18 requires the notification of the non-custodial parent if the custodial parent is  going to take them out of state.  I suppose each state has its own rules about this. I now realize the important part it is "notification" not "approval".  

Edited by John & Rose

June 6,  2017 - Filed the K-1

April 20, 2018 - K-1 refused

June 11, 2018 - Got married in Pateros, Metro Manila

September 10, 2018 - Filed the CR-1

September 11, 2018 - Priority Date

September 14, 2018 -  NOA-1

 

 

PHILIPPINES ONLY!!!  CFO (Commission on Filipinos Overseas) INFO - Can't leave home without it!

 

PDOS (Pre-Departure Registration and Orientation Seminar) is for ages 20-59.  Peer Counseling is for 13-19 years of age.

It is required to have the visa in their passport for PDOS and Peer Counseling.

 

GCP (Guidance and Counseling Program) is for K-1 Fiancee and IR/CR-1 spouse ONLY.   These are the only ones that can attend the seminar without their visa.

 

 

IMG_7714.jpg.2782f301709f81dd223fe1b62d085472.jpg

 

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1 minute ago, JamesySofia said:

 

Thanks for taking your time to respond, I am sorry that your life has made you so bitter, I hope your situation improves or you are at least able to come to terms with whatever makes you so negative to this process. Your opinion is yours, maybe alone, and comes off as very biased (thus bitter), as such I will choose to forget everything you said. 

 

YOU are out of line.  YOU have no rights with regard to the children.  You need to think seriously about what I have said or you may be seriously disappointed in the future.  You need to find an attorney for your wife really fast.  I hope your wife realizes that you have no duty to support HER children.

 

YOU need to start putting the best interest of the children first and facilitate the relationship with their father rather than try to put roadblocks to it.

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Just now, John & Rose said:

In Illinois any child under 18 requires the notification of the other parent if the other parent is  going to take them out of state.  I suppose each state has its own rules about this. 

 

Then in your state, mom would have to notify dad every time SHE takes them out of state.

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