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Cousin120185

Removing spouse from F3 already at consulate.

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Hello everyone,

 

My cousin is the primary beneficiary on a category F3 (married son of US Citizen) petition.

Now that the case is at the consulate (Santo Domingo), he is in need of removing his wife from the process.

 

How should he go about getting this done?

Please let me know if you need any additional information.
Thank you in advance.

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Filed: F-2A Visa Country: Nepal
Timeline

Are they divorced or he simply doesn’t want his wife to immigrate with him? If DS260 isn’t filed just fill that one correctly otherwise just let them know during the interview.

Spouse:

2015-06-16: I-130 Sent

2015-08-17: I-130 approved

2015-09-23: NVC received file

2015-10-05: NVC assigned Case number, Invoice ID & Beneficiary ID

2016-06-30: DS-261 completed, AOS Fee Paid, WL received

2016-07-05: Received IV invoice, IV Fee Paid

2016-07-06: DS-260 Submitted

2016-07-07: AOS and IV Package mailed

2016-07-08: NVC Scan

2016-08-08: Case Complete

2017-06-30: Interview, approved

2017-07-04: Visa in hand

2017-08-01: Entry to US

.

.

.

.

Myself:

2016-05-10: N-400 Sent

2016-05-16: N-400 NOA1

2016-05-26: Biometrics

2017-01-30: Interview

2017-03-02: Oath Ceremony

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Hi, DS260 have been filed. Divorce is a possibility in the future.

They also have children, how does this changes the process for them?

Edited by Cousin120185
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9 minutes ago, Cousin120185 said:

Hi, DS260 have been filed. Divorce is a possibility in the future.

They also have children, how does this changes the process for them?

Depends on the age of the children, if custody becomes an issue for them getting their visas.

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Filed: Citizen (apr) Country: Canada
Timeline

If the wife does not get the visa with him then the kids will not get theirs without her complete and written permission.

 

He needs the other parent's permission to get them a visa if they are minors. So no pulling a fast one getting the kids to the US and then dumping the wife. Also he would need to settle custody in the birth country if their mother doesn't move. No US court would step on another countries custody laws. Not saying he is thinking about this but in case someone on here might be reading and thinking it.

Edited by Ontarkie
Spoiler

Met Playing Everquest in 2005
Engaged 9-15-2006
K-1 & 4 K-2'S
Filed 05-09-07
Interview 03-12-08
Visa received 04-21-08
Entry 05-06-08
Married 06-21-08
AOS X5
Filed 07-08-08
Cards Received01-22-09
Roc X5
Filed 10-17-10
Cards Received02-22-11
Citizenship
Filed 10-17-11
Interview 01-12-12
Oath 06-29-12

Citizenship for older 2 boys

Filed 03/08/2014

NOA/fee waiver 03/19/2014

Biometrics 04/15/14

Interview 05/29/14

In line for Oath 06/20/14

Oath 09/19/2014 We are all done! All USC no more USCIS

 

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Excellent, I will let him know that he will have to proceed as if he was petitioned as single (F1) and will require all the permissions from the mother before the children can get their visas.

 

Thank you all for your help on this.

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Feels like it would be better to have the family inmigrate then separate. Otherwise these children will be missing one parent or the other. 

You have brains in your head. You have feet in your shoes. You can steer yourself any direction you choose.  - Dr. Seuss

 

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39 minutes ago, NikLR said:

Feels like it would be better to have the family inmigrate then separate. Otherwise these children will be missing one parent or the other. 

If the parents are on the verge of divorce already, the stress of immigration will almost certainly push them over the edge. 

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16 hours ago, SusieQQQ said:

If the parents are on the verge of divorce already, the stress of immigration will almost certainly push them over the edge. 

Possibly yes. But it is easier to co-parent in the same country.  Trust me. 

Sounds like they're at the interview stage. 

You have brains in your head. You have feet in your shoes. You can steer yourself any direction you choose.  - Dr. Seuss

 

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1 hour ago, NikLR said:

Possibly yes. But it is easier to co-parent in the same country.  Trust me. 

Sounds like they're at the interview stage. 

Sweeping statement very dependent on who the family is, where they are from, languages spoken, culture they are used to, whether the parent that will be set adrift from the family as non-primary custodial parent has any support network in the US, marketable enough skills to get a decent job etc etc. 

 

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Just now, SusieQQQ said:

Sweeping statement very dependent on who the family is, where they are from, languages spoken, culture they are used to, whether the parent that will be set adrift from the family as non-primary custodial parent has any support network in the US, marketable enough skills to get a decent job etc etc. 

 

I said co-parent. Its eaiser to co-parent when you live in the same country.  When both parents can always be active in the children's lives. I know this because my child does not live here. 

The rest is regarding is it easier to raise a child with a good job, family around, etc... those are things that can help a parent be a parent and raise a child. While they are important factors is has nothing to do with a child being able to spend time equally with both parents.  Which can absolutely be done from two different countries, across continents and oceans. Doesnt mean it will be easier on the parent. Easier on the child. Trust me when i say it is NOT easier to live away from a child that you love. But you do what is best for a child and yourself the best you can.  I hope the OP's cousin and his wife can figure out what is best for them and their children.  Regardleas of location having parents who are civil with each other of apart is better than parents who constantly argue when together. 

You have brains in your head. You have feet in your shoes. You can steer yourself any direction you choose.  - Dr. Seuss

 

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44 minutes ago, NikLR said:

I said co-parent. Its eaiser to co-parent when you live in the same country.  When both parents can always be active in the children's lives. I know this because my child does not live here. 

The rest is regarding is it easier to raise a child with a good job, family around, etc... those are things that can help a parent be a parent and raise a child. While they are important factors is has nothing to do with a child being able to spend time equally with both parents.  Which can absolutely be done from two different countries, across continents and oceans. Doesnt mean it will be easier on the parent. Easier on the child. Trust me when i say it is NOT easier to live away from a child that you love. But you do what is best for a child and yourself the best you can.  I hope the OP's cousin and his wife can figure out what is best for them and their children.  Regardleas of location having parents who are civil with each other of apart is better than parents who constantly argue when together. 

Child of (bitterly) divorced parents living in different places, my experience comes from the opposite perspective to yours.

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54 minutes ago, SusieQQQ said:

Child of (bitterly) divorced parents living in different places, my experience comes from the opposite perspective to yours.

My parents dont talk and my father has forbade any mention of my mother.  I co-parent with my ex because i refuse to be that kind of person. 

You have brains in your head. You have feet in your shoes. You can steer yourself any direction you choose.  - Dr. Seuss

 

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