How to bring my kids to America

[Samibra 15]

Hello everyone,

NOTE: If you are a US CItizen filing for a K1 or K3 Visa for your non-US fiance/spouse, and they have children, then they may bring them here under a K2/K3 Visa. The children automatically qualify fro the K2/K3 visa as derivitive status of their mom's K1/K3 status (you need only petition for your fiance/wife and list the children on that petition in the relavent blanks).

I read this note somewhere but I still didn't get it .

That is the situation for my friend. He live in USA since 2008 with a green card , he was married a woman who live in Madagascar . He has a child with her who was born in April 2015 in Madagascar . He became US citizen in June 2015. He did apply a petition to her and it was approved but the last moment they had a conflict and they divorce so he canceled the procedure of the visa. when he was back to Madagascar to visit his son and there he has other kids with another woman.but again they still not together with this one again. so now he meet the right woman to him and he would like to bring her here like fiance. so my question are:

1) HOW CAN HE DO THAT THEIR KIDS HAVE THEIR AMERICAN PAPERS?

2) DO HE NEED TO BRING THEM HERE IN AMERICA(if yes how to bring them ?) OR THEY CAN GET THEIR PAPERS IN AMERICAN EMBASSY IN MADAGASCAR?

3) HE IS GOING TO MAKE A PETITION TO HIS FIANCE -  SO CAN HE PUT HIS KIDS IN THE APPLICATION? even if she is not the mother of his kids?

Just he want that the kids have their American papers. So help please.

[mushroomspore 3,043]

11 minutes ago, Samibra said:

Hello everyone,

NOTE: If you are a US CItizen filing for a K1 or K3 Visa for your non-US fiance/spouse, and they have children, then they may bring them here under a K2/K3 Visa. The children automatically qualify fro the K2/K3 visa as derivitive status of their mom's K1/K3 status (you need only petition for your fiance/wife and list the children on that petition in the relavent blanks).

I read this note somewhere but I still didn't get it .

That is the situation for my friend. He live in USA since 2008 with a green card , he was married a woman who live in Madagascar . He has a child with her who was born in April 2015 in Madagascar . He became US citizen in June 2015. He did apply a petition to her and it was approved but the last moment they had a conflict and they divorce so he canceled the procedure of the visa. when he was back to Madagascar to visit his son and there he has other kids with another woman.but again they still not together with this one again. so now he meet the right woman to him and he would like to bring her here like fiance. so my question are:

1) HOW CAN HE DO THAT THEIR KIDS HAVE THEIR AMERICAN PAPERS?

2) DO HE NEED TO BRING THEM HERE IN AMERICA(if yes how to bring them ?) OR THEY CAN GET THEIR PAPERS IN AMERICAN EMBASSY IN MADAGASCAR?

3) HE IS GOING TO MAKE A PETITION TO HIS FIANCE -  SO CAN HE PUT HIS KIDS IN THE APPLICATION? even if she is not the mother of his kids?

Just he want that the kids have their American papers. So help please.

He cannot do anything until he is given full custody of the kids, which sounds like it'd be difficult since he has kids with two separate women. And is he a US citizen now or still just a green card holder?? If he's a green card holder, his options are even more limited. Only US citizens can file K1 for fiance(e)s, so if he currently only has a green card, then he can't even do that for his current fiancee. And if he is only a green card holder right now, then his kids are not automatically US citizens. He would have to naturalize first and depending on their circumstances, his kids MAY qualify for citizenship through him. There are other requirements that he and his kids would have to fulfill. If he really wants good advice, the best option would be for him to make his own account here so he can explain his own circumstances properly. It's hard to give advice when information has gone through a game of "telephone", so to speak.

Edited June 22, 2021 by mushroomspore

[Samibra 15]

1 minute ago, mushroomspore said:

He cannot do anything until he is given full custody of the kids, which sounds like it'd be difficult since he has kids with two separate women. And is he a US citizen now or still just a green card holder?? If he's a green card holder, his options are even more limited. Only US citizens can file K1 for fiance(e)s, so if he currently only has a green card, then he can't even do that for his current fiancee. And if he is only a green card holder right now, then his kids are not US citizens. He would have to naturalize first and depending on their circumstances, his kids MAY qualify for citizenship through him. There are other requirements that he and his kids would have to fulfill.

Thank you for your quick answer. YES he is US Citizen since 2015. What does mean "given full custody of the kids" and why this "  which sounds like it'd be difficult since he has kids with two separate women" ? please explain 

[mushroomspore 3,043]

6 minutes ago, Samibra said:

Thank you for your quick answer. YES he is US Citizen since 2015. What does mean "given full custody of the kids" and why this "  which sounds like it'd be difficult since he has kids with two separate women" ? please explain 

"Full custody" means exactly what it sounds like. He and the mothers of his children would have to go through the legal system in their home country and they have to agree in front of a judge that the mothers would essentially give up their children so they can go to America with their father. Depending on the relationships between your friend and the two mothers, this may be difficult. This is something your friend would have to research on his own since I don't know what the legal system is like in Madagascar. He cannot just pick up the children and say, "Hey kids, we're going to America now!". The US government will not let them in and they will not grant ANY visas whatsoever unless he has court documents from their home country that officially say, "Their mother has given full custody of these children to the father and have given them permission to move to America without her."

Edited June 22, 2021 by mushroomspore

[Samibra 15]

4 minutes ago, mushroomspore said:

"Full custody" means exactly what it sounds like. He and the mothers of his children would have to go through the legal system in their home country and they have to agree in front of a judge that the mothers would essentially give up their children so they can go to America with their father. Depending on the relationships between your friend and the two mothers, this may be difficult. This is something your friend would have to research on his own since I don't know what country the mothers live in and what the legal system is like there. He cannot just pick up the children and say, "Hey kids, we're going to America now!". The US government will not let them in and they will not grant ANY visas whatsoever unless he has court documents from their home country that officially say, "Their mother has given full custody of these children to the father and have given them permission to move to America without her."

Ah ok I get you. so Yes the mathers are not against that the kids come to America . so what the mothers need to do? just to write a letter that they agree? or They need a letter from judge? the most important is the kids have their American papers even if they don't come to USA yet because  my friend can't raise the kids himself in America. so he want to do the procedure before the kids become adult. 

Note: both they come to Madagascar, I mean my friend and the mothers.

[mushroomspore 3,043]

8 minutes ago, Samibra said:

Ah ok I get you. so Yes the mathers are not against that the kids come to America . so what the mothers need to do? just to write a letter that they agree? or They need a letter from judge? the most important is the kids have their American papers even if they don't come to USA yet because  my friend can't raise the kids himself in America. so he want to do the procedure before the kids become adult. 

Note: both they come to Madagascar, I mean my friend and the mothers.

Again, I don't know exactly what they need to do because I don't know anything about Madagascar. It depends on how the legal system is in Madagascar. But ultimately, they NEED to go through the legal system. If I give a letter to a federal agent and say, "This was written by my husband and see, it says here he gives me permission to travel alone with our child", how can that federal agent know for sure that it was my husband who actually wrote it? The federal agent does not know that my husband wrote it and so, they would not let me and my kid in. Therefore, these kinds of matters need to be decided in court with an official judge to produce official documentation that federal agents will accept. Tell your friend to start his own account here AND to get a lawyer in Madagascar who will help him get full custody through the courts there.

Edited June 22, 2021 by mushroomspore

[Samibra 15]

2 minutes ago, mushroomspore said:

Again, I don't know exactly what they need to do because I don't know anything about Madagascar. It depends on how the legal system is in Madagascar. But ultimately, they NEED to go through the legal system. If I give a letter to a federal agent and say, "This was written by my husband and see, it says here he gives me permission to travel alone with our child", how can that federal agent know for sure that it was my husband who actually wrote it? The federal agent does not know that my husband wrote it and so, they would not let me and my kid in. Therefore, these kinds of matters need to be decided in court with an official judge to produce official documentation that federal agents will accept. Tell your friend to start his own account here AND to get a lawyer in Madagascar who will help him get full custody through the courts there.

Ah ok. Thank you for your help. Maybe he need to go to the embassy of America in Madagascar and ask what he need to do. but if he go through the legal system so the kids can get their papers to the embassy without coming to USA? Again the most important is that the kids have their American papers. 

[payxibka 10,044]

7 minutes ago, mushroomspore said:

Again, I don't know exactly what they need to do because I don't know anything about Madagascar. It depends on how the legal system is in Madagascar. But ultimately, they NEED to go through the legal system. If I give a letter to a federal agent and say, "This was written by my husband and see, it says here he gives me permission to travel alone with our child", how can that federal agent know for sure that it was my husband who actually wrote it? The federal agent does not know that my husband wrote it and so, they would not let me and my kid in. Therefore, these kinds of matters need to be decided in court with an official judge to produce official documentation that federal agents will accept. Tell your friend to start his own account here AND to get a lawyer in Madagascar who will help him get full custody through the courts there.

Why do they need to go through the legal system?  Tbe most common method is a NOTARIZED statement giving permission.   This is what people do.

[SalishSea 16,770]

49 minutes ago, Samibra said:

3) HE IS GOING TO MAKE A PETITION TO HIS FIANCE -  SO CAN HE PUT HIS KIDS IN THE APPLICATION? even if she is not the mother of his kids?

NO.

[Samibra 15]

6 minutes ago, payxibka said:

Why do they need to go through the legal system?  Tbe most common method is a NOTARIZED statement giving permission.   This is what people do.

Can you give more detail please about a NOTARIZED statement giving permission?

[Samibra 15]

3 minutes ago, Jorgedig said:

NO.

So please what to do if he want just that the kids have their papers and they can come to USA when they finish high school for exemple?

[SalishSea 16,770]

Just now, Samibra said:

So please what to do if he want just that the kids have their papers and they can come to USA when they finish high school for exemple?

He would have to petition them.

[payxibka 10,044]

Just now, Samibra said:

Can you give more detail please about a NOTARIZED statement giving permission?

It's exactly as it sounds.  The other parent signs and notarizes a statement giving permission for the child to immigrate to the USA.   If they are over 18 when they plan to immigrate, then no permission is required 

 

[Samibra 15]

11 minutes ago, payxibka said:

It's exactly as it sounds.  The other parent signs and notarizes a statement giving permission for the child to immigrate to the USA.   If they are over 18 when they plan to immigrate, then no permission is required 

 

They are at 7 years old and less. but if they don't want to come to America yet? they just need to have the American papers and then they can come after finish the high school. that is possible to get them the papers without petition them ?I mean to go to the American embassy in Madagascar and declare them that they are my kids?

[payxibka 10,044]

1 minute ago, Samibra said:

They are at 7 years old and less. but if they don't want to come to America yet? they just need to have the American papers and then they can come after finish the high school. that is possible to get them the papers without petition them ?I mean to go to the American embassy in Madagascar and declare them that they are my kids?

What American papers?  Were you a citizen at the time they were born?