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jeanita68

Step child parent not wanting child to go to US

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My husband is from the Dominican Republic and just got approved for i130 and will arrive here in the US on September 1st. We already started the process for his 9 yr old daughter to join us and her case is at NVC and we hoping to have her here by Christmas. His daughter is currently living with her grandmother, her mothers mom. Her mother has been living in another country since the child was 2yrs old. And only comes to visit every other yr. my husband has been the only parent she knows and he sees her daily and provides everything she needs. Now the mother heard about him going to the US and will be bringing the child. She immediately called him and said he can not take her to live in the US. What can we do? She doesn’t even live in the same country and barley sees the child. The my step daughter has been crying her heart out? My husband is devastated? Can he get full custody? Has anyone in DR had to get custody of a child? How do we go about it? Any advice? Thanks 🙏🏾 

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You will need either permission from the parent or a court order. If they aren't willing to give permission, time to start looking at the court order.


Timelines:

Spoiler

AOS (I-485 + I-131 + I-765):

9/25/17: sent forms to Chicago

9/27/17: received by USCIS

10/4/17: NOA1 electronic notification received

10/10/17: NOA1 hard copy received. Social Security card being issued in married name (3rd attempt!)

10/14/17: Biometrics appointment notice received

10/25/17: Biometrics

1/2/18: EAD + AP approved (no website update)

1/5/18: EAD + AP mailed

1/8/18: EAD + AP approval notice hardcopies received

1/10/18: EAD + AP received

9/5/18: Interview scheduled notice

10/17/18: Interview

10/24/18: Green card produced notice

10/25/18: Formal approval

10/31/18: Green card received

 

K-1:

Spoiler

I-129F

12/1/17: sent

12/14/17: NOA1 hard copy received

3/10/17: RFE (IMB verification)

3/22/17: RFE response received

3/24/17: Approved!

3/30/17: NOA2 hard copy received

 

NVC

4/6/2017: Received

4/12/2017: Sent to Riyadh embassy

4/16/2017: Case received at Riyadh embassy

4/21/2017: Request case transfer to Manila, approved 4/24/2017

 

K-1

5/1/2017: Case received by Manila (1 week embassy transfer??? Lucky~)

7/13/2017: Interview: APPROVED!!!

7/19/2017: Visa in hand

8/15/2017: POE

 

 

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Negotiate?


“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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It is not an uncommon practice for the mother to be out of the country working and the child is left with someone else to care. That does not negate her parental rights.  If she does not want her to immigrate because she will not be able to see her child. She is living with the biological mother's mother so she is still in her life.  Also, it sounds like he is not the custodial parent, if she is not living with him. 

 

Mom has the right to refuse. 

 

 


Phase I - IV - Completed the Immigration Journey 

 

 

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41 minutes ago, geowrian said:

You will need either permission from the parent or a court order. If they aren't willing to give permission, time to start looking at the court order.

What if we just proceed with the process and get her visa and take her anyway?

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17 minutes ago, jeanita68 said:

We tried and the mother said she can only come to the US for visits but not to live. 

That sounds reasonable.


“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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17 minutes ago, jeanita68 said:

What if we just proceed with the process and get her visa and take her anyway?

You both will be charged with any of the following: kidnapping, human trafficking, child abduction. He will then be deported and banned from the US after serving jail time. 


Phase I - IV - Completed the Immigration Journey 

 

 

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26 minutes ago, jeanita68 said:

We tried and the mother said she can only come to the US for visits but not to live. 

You need to look at it from a mother's view. You would not want someone to take your child and you can never see her again. 


Phase I - IV - Completed the Immigration Journey 

 

 

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44 minutes ago, jeanita68 said:

What if we just proceed with the process and get her visa and take her anyway?

I know of a situation like what you just suggested above.

Needless to say it didn't end well.

 

It resulted in a corpse and a jail sentence.

That might have been one of the few extreme cases, but DO NOT mess with a mother's

love for her child.

She's going to fight you with the fangs of a wolf and the claws of a dragon just to protect her own.

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39 minutes ago, Pinkrlion said:

You need to look at it from a mother's view. You would not want someone to take your child and you can never see her again. 

Yes I know I said that early on.. that I wouldn’t let my kid go either. But that child is so attached to her father. Now she will not have a father or a mother full time. She was so excited and happy to be coming live with us. All she been doing is crying she doesn’t want to lose her father. It’s breaking my heart. She hasn’t seen her mother in 2yrs. But my husband and I just talk and I told him. Let it go we will just visit when we can and try to bring her for a summer vacation. She has another child that left to US with her father many years ago (11yrs) and hasn’t seen that child since.

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