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j-rusha

Father of an American Citizen post divorce - Permanent Residence - dormant I-751

By j-rusha in General Immigration-Related Discussion

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j-rusha Newbie

j-rusha   0

Posted
Filed: K-1 Visa Country: France
 Timeline
Posted (edited)

Hello,

 

I have a complicated situation.  I guess everyone here probably does.... 

 

I have two questions: 

1. Can a mothballed I-751 process be resurrected?

2. What right does a 50/50 custodial parent of an US citizen (5 years old) have to permanent residence?  I am an American citizen and my son is an American citizen, but his father is not.  I cannot find anything on the USCIS website that deals with a situation like this.  

 

I brought my ex-husband to the US on a K-1 visa while I was pregnant with our child.  Our marriage broke down and we began the divorce process before we completed the change of status.  He filed the I-751, then filed for and received an 18 month extension, but he left the country before he went to the appointment.  He now wants to come back.  The 18th month extension is over.  Any hope of getting the USCIS to pick this process up again?

 

If we have to start from scratch, what process do we need to go through? As a legal custodian of an American child,  we will share 50/50 legal and physical custody.   What type of application do we file? And how long a process is it likely to be?

 

Thank you!

Edited by j-rusha
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Boiler Grand Master

Boiler   43,429

Posted
Filed: K-1 Visa Country: Wales
 Timeline
Posted

Sounds like he has been gone some time and has abandoned his status.

 

As far as the crux of your question a child can sponsor a parent but needs to be 21, so nothing to file for some considerable time.

 

I am not that familiar with the French side of things bit seriously doubt you would have any opportunity to move to France on the basis of being the mother of a minor French citizen.

“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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TBoneTX Grand Master

TBoneTX   43,048

Posted
Filed: Citizen (apr) Country: Ecuador
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Posted

Thread is moved from Off Topic to General Immigration Discussion.

06-04-2007 = TSC stamps postal return-receipt for I-129f.

06-11-2007 = NOA1 date (unknown to me).

07-20-2007 = Phoned Immigration Officer; got WAC#; where's NOA1?

09-25-2007 = Touch (first-ever).

09-28-2007 = NOA1, 23 days after their 45-day promise to send it (grrrr).

10-20 & 11-14-2007 = Phoned ImmOffs; "still pending."

12-11-2007 = 180 days; file is "between workstations, may be early Jan."; touches 12/11 & 12/12.

12-18-2007 = Call; file is with Division 9 ofcr. (bckgrnd check); e-prompt to shake it; touch.

12-19-2007 = NOA2 by e-mail & web, dated 12-18-07 (187 days; 201 per VJ); in mail 12/24/07.

01-09-2008 = File from USCIS to NVC, 1-4-08; NVC creates file, 1/15/08; to consulate 1/16/08.

01-23-2008 = Consulate gets file; outdated Packet 4 mailed to fiancee 1/27/08; rec'd 3/3/08.

04-29-2008 = Fiancee's 4-min. consular interview, 8:30 a.m.; much evidence brought but not allowed to be presented (consul: "More proof! Second interview! Bring your fiance!").

05-05-2008 = Infuriating $12 call to non-English-speaking consulate appointment-setter.

05-06-2008 = Better $12 call to English-speaker; "joint" interview date 6/30/08 (my selection).

06-30-2008 = Stokes Interrogations w/Ecuadorian (not USC); "wait 2 weeks; we'll mail her."

07-2008 = Daily calls to DOS: "currently processing"; 8/05 = Phoned consulate, got Section Chief; wrote him.

08-07-08 = E-mail from consulate, promising to issue visa "as soon as we get her passport" (on 8/12, per DHL).

08-27-08 = Phoned consulate (they "couldn't find" our file); visa DHL'd 8/28; in hand 9/1; through POE on 10/9 with NO hassles(!).

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NigeriaorBust Grand Master

NigeriaorBust   4,087

Posted
Filed: Citizen (apr) Country: Nigeria
 Timeline
Posted

  You are divorced so you have no way to bring him back without remarrying and another I130 and it would be looked at closely .  The child could petition when the child is 21.  By chance status do you mean the he never had a green card or never got the 10 year card ?   It seems the later which would also imply no route back . ( actually both imply no route back)  50/50 custody can be done by the child living 6 months in each country 

This will not be over quickly. You will not enjoy this.

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