LAR30

Hi,

I am a USC married to a Mozambican citizen who has 2 children. I am interested in bringing his children (my step children) to the US for the Christmas holidays. I am not their legal guardian. What documentation will I need to provide the US embassy in order for them to get a visitor visa? The children are 10 and 12.

Their mother is not in the picture and no one is able to reach her. My husband is working on getting sole custody from the court, but the judge said a waiting period is needed to see if the mother turns up. For now, the court in Mozambique has provided him with a document stating that he can travel with them, which also states that the mother is non-responsive. But he will not be traveling to the US with us as he has other priorities at that time.

Any thoughts on what documentation I can provide to show I can travel with the children?

Also, we live in Kenya. I have read a few posts on local groups sites stating that the interview wait time has taken over 2 months (though the embassy site says it is 33 days). If I get an appointment for after we intend to travel, what is the likelihood that the embassy can expedite. Does it have to be a real emergency?

Any information that can be provided to me is much appreciated.

Regards,

Lili

Hi,

My husband has been a LPR for 10 years. I took a job in Kenya about 18 months ago and now we are discussing staying long term. he did not apply for the reentry permit, but has been back to the US so he has not yet been out for 1 year. We have a really tough decision to make as it would be costly for him to maintain his residence status, to go to the US to get a reentry permit, plus his green card is also about to expire. He will pass the 1 year mark in July and his green card expires in August. Given the situation we are seriously considering abandoning status. The idea of this worries me though as we would like to visit the US every few years and I don't want to risk that he will be denied a tourist visa.

I went to the US embassy here to ask about the process, and they were not very helpful, only providing information which I had already found on their website.

Can anyone provide advice on how green card abandonment will affect his ability to visit the US again? And when should the I407 be done? The person at the embassy said that when he wants to travel, if he has officially abandoned US residency, then he should go to the embassy and they will advise. Is this the case? Or should we be proactive and do it before? We plan to go the US for Christmas this year? What will we need to do so he can travel?

Any advice is much appreciated.

Regards,

Lili

Can you link where you read that?

You cannot reapply.

You cannot renew, but based on my research (again I am not an immigration lawyer or expert) you can reapply, but the same rules apply, meaning you have to be present in the United States when applying. There is also a limit to the number of years you can have the permit, and it is at the discretion of USCIS whether they give an 2 year permit or shorter length of time.

This is one sources that states it, but even on the I-131 application, it asks if you have had a travel permit before.

http://www.us-immigration.com/us-immigration-news/immigration-forms/renew-your-us-travel-document/

Green card is for living and working in the US. It seems he doesn't intent to do so.

Hi Nancy,

Thank you for your response. I agree and fully understand the purpose of the green card and that it is intended for someone to "reside" in the US. But obtaining a travel permit allows the LPR to be out of the country for up to 2 years without residency being considered abandoned. And from what I have read, it is also possible to reapply.

My question was more about people's experiences with the timing to get this permit, and not so much about the residency status.

Regards,

LAR

Hi,

My husband is a LPR. I have taken a job in Kenya so we will be living here for about 3 years, and then will move back to the US. Originally we had just planned on having him travel to the US every 6 months, but someone told me recently that eventually he could get caught and have to surrender his green card. We did not apply for the travel permit before leaving because in my research it said to apply 60 days before leaving the country, and we did not have 60 days.

I am thinking that it will be in our best interest for him to apply for the reentry permit on his next trip to the US. But we still not have 60 days to wait for the biometrics appointment. A friend of mine who does work with immigration says that is should only take about 30 days to get the biometrics appointment. Has this been the experience for others? Does anyone know if there is a way to expedite the process (other than the examples provided in the form instructions), such as writing to our congressman or getting a lawyer?

Our home of record is Boston, MA.

Regards,

Lili

Hi,

My husband and I would like to have his children come visit us in the US. He is a LPR. Has anyone obtained a tourist visa for children? What was needed? Was it difficult? I know when we have tried to bring his brother for a visit, it was denied (as were many other adults I know who applied in Mozambique, where he is from). I am wondering if it is any easier for small children. I read that they do not have to interview if they are under 13. Is there anything specific that needs to be provided for them to prove their ties to their country?

Any information be very helpful.

Thanks,

Lili

That Lawyer is an IDIOT... For immigration purposes Step-Children are already Immediate Relatives.

Be aware of the fact that you will need the childrens' mother's consent to immigrate them unless she has lost her parental rights.

Thanks!

This is another complication. The mother is out of the picture. She "abandoned" the children a few years ago. They now live with my in-laws, their grandparents. this situation is not uncommon in Mozambique, or other African countries. Nothing is done "legally", children are just given to their grandparents to be raised. I guess my husband can ask around to try to find the mother, but if he is not able to, I'm not sure how we will get her consent. I suppose this depends on how Mozambique law defines loss of parental rights.

Here is where I am got the information regarding USCIS only looking back on the 5 years before filing N400 to determine good moral character. This is directly from USCIS website.

"If the applicant files after his 31 st birthday, more than five years will have elapsed since his failure to register. Therefore, the failure to register will have occurred outside the period during which the applicant must show that he is of good moral character. This means that even if the applicant willfully and knowingly failed to register with the Selective Service, this fact would not, in and of itself, be a bar to eligibility so long as the applicant has currently satisfied the good moral character requirements of section 316(a)(3) of the Act. However, if the failure to register was willful and knowing, you can consider this fact with other evidence concerning the applicant’s compliance with section 316(a)(3). The applicant should provide the status information letter discussed in the memorandum located in Appendix 74-7."

My husband has already requested a status information letter stating that he did not knowingly and willfully fail to register.

Hi,

My husband and I are preparing the application for his citizenship. I thought I had read somewhere that USCIS only checks the last 5 years of the applicant's history. He never registered for selective service. Since the oldest you can be to register is 26 and he is now 32, can they still hold it against him. (He has been and LPR since he was 23.) Does he still need to request a letter from selective service?

The naturalization guide here on VJ states "If you did not register with the Selective Service and you (1) are male, (2) are 26 years old or older, and (3) lived in the United States in a status other than as a lawful nonimmigrant between the ages of 18 and 26, send:

A 'Status Information Letter' from the Selective Service (Call 1-847-688-8888 for more information)."

Can anyone confirm if we need to do this even though it has been over 5 years?

I am the step father not biological parent, can I sign the I-130 for them and indicate as such. my daughter is now 20 and son is 18, yet until 21 INS considers them minors and I am the parent and petitioner.

I don't know if this is the correct answer as I am just starting the process as well, but I don't see an place on the I-130 for the beneficiary, only the petitioner, which is you (unless I am missing something).

Thanks. I did some more research and realized that the lawyer who advised we adopt did so because it would then make the children Immediate Relatives. I also came across the family preference levels, but it doesn't mention step children. Are step children of a USC in the first preference category?

I should clarify that they are both under 18.

Another question... Can I send a copy of my passport as proof of citizenship, or does it have to be my birth certificate. Do I need to copy all pages? Or just the page with my photo?

We need to know the age of the children. IF they are under 21 NOW and WERE under age 18 when you married the father, YOU can petition them with an I-130 and YES you will need the permission of the absent parent for them to receive a visa. And depending on the country you made need DNA testing to prove he is the father.

Their CR-2 visa MUST be issued and they must enter the USA before they turn age 21. If they are already age 20 then you should submit an expedite request ewith the petition based on the age out of the children. The procedures for the I-130 process are in the Spouse visa forums here at this site.

If they were over 18 when you married then your husband will need to petition them as an LPR and that takes a lot longer. It also takes a lot longer if they are over 21.

Thanks. I did some more research and realized that the lawyer who advised we adopt did so because it would then make the children Immediate Relatives. I also came across the family preference levels, but it doesn't mention step children. Are step children of a USC in the first preference category?

I should clarify that they are both under 18.

So around the same time that I posted my question here I also posted on a website to ask questions to lawyer, avvo.com, and got some interesting responses. One person said that my husband and I can only bring the children to the US if the country allows the father to take the children. Another suggested that we adopt the children because it would be easier. Has anyone be given this advice, or come across problems because the father is trying to bring the child to the US? The tone of the email made it sound like even with consent from their mother that it may not be possible, depending on the country.

Since you would be petitioning for the children you need to prove that YOU have a petition-able relationship with the children.

First you need to prove he is their biological father. Next you need to prove that you are married to him. Those two relationships make you their Step Mother which is a petition-able relationship.

Just proving you are married to him doesn't prove any relationship to the kids until you prove his relationship to them.

FWIW, I have completed two CR/IR-2 petitions, first was at the same time as my wife's CR-1 and the second one was 2 years later.

Thanks everyone for allyour advice. it is very helpful. Can anyone send me a summary of the process step by step. I feel like when we did the K-1 visa that I was able to find an abundance of information explaining the process- from gathering and organizing the petition paperwork to submitting to the interview etc. But I am not as clear about this process or what should be included with the petition (for examples good examples to establish a relationship between my husband and his kids, besides their birth certificates with his name). So any suggestions are welcome.

Also, does anyone have a sample I-130 that they did for a child. All I can seem to find is examples for a spouse.

Someone will correct me if I'm wrong.....

1) it will definitely be faster if you petition for them. 8-10 months, most likely, and they could be here in the states. If he were to become a citizen before they get here, I THINK they automatically become one once they get here.

2) for proof of relationship, you have to proof your relationship with their father. Not so much them.

What is the ages of the kids? I was assuming they are young or at least under 18 at time of marriage.

Thank you so much. I had a feeling it would be faster I filed but wasn't sure. I did not realize that the can also become citizens once my husband does, that is good.

Yes, i have our marriage certificate. I wasn't sure if I also need to show a relationship with them. I know the instructions state that for a father petitioning for children born out of wedlock that he has to show "proof of a relationship" so it made me think that in our case, I would have to do the same. Or still show proof of his relationship to them as well as my relationship to him.

The kids are 5 and 7, so definitely under 18 at the time of marriage.

Hi,

My husband is an LPR from Mozambique. He has children from a previous relationship (out of wedlock) that we would like to bring to live with us in the US. I have been reading the postings from people here and on other websites and it seems that we have a few options to do this. If anyone could advise us on which would be best, I would really appreciate it.

1. He petitions to bring them here. From what I have read, this could take 2-3 years given that he is a LPR. He is eligible for citizenship. If we petition to bring them now, and he is granted citizenship before the petition is approved, can we upgrade to another? How difficult is it to do this?

2. we have also considered the possibility of my petitioning for them, as a USC, as my stepchildren. Given that he had these children out of wedlock and he has to prove a relationship, it seems that it would be even more difficult for me to prove a relationship. Is it worth going this route, given that it's quicker but could be more difficult to prove?

Anyone who has been in a similar situation and can give an advice, please do. I don't know if we can afford an immigration lawyer, but if it seems that is the only way for this to be successful, please advise on that as well.

Thanks for your help,

LAR30