rrsanford

Greetings all,

I am just starting to look into becoming a legal guardian of my wonderful Ukrainian daughter (7 years old). Apparently I have no rights as her step parent even though her biological father is across the globe. My wife is concerned that if something were to happen to her, that she'd be deported and sent to her father. Ukrainian law is slow and not intuitive. The process could take several painful years, which we are willing to do, but I believe legal guardianship is enough to protect my stepdaughter's interests and put my wife's worries to rest. Fortunately, my wife seems to think that her ex-husband will play nice and go along with the proceedings to our favor--I am not as confident in that as she is. However, I'd like to know if anyone has gone through something like this and applied for legal guardianship of a minor after the wife and child legally entered the US on a CR1/2 visa. What do I need to do?

Thank in advance for your help!

Anyone?

Hey all! Any Information would be helpful. Here is the rundown:

So, I got through the USCIS (I-130 Petition) process very fast. From submittal to NOA2 it was about 45 days believe it or not, for both my wife and stepdaughter. I had my congressmen monitoring the situation, but his office didn't expedite it as they did not think it would be necessary. Obviously he was right! Then the case was transferred to the NVC. I immediately filled out the online Choice of Agent form and waited. Three weeks passed and I got no updates, So I called. After talking with a very helpful and nice lady at the NVC, I had my case updated as me as the agent (petitioner). I checked online the next day and the AOS bill was ready to be paid. I paid it and after the payment processed, I filled out the I-864 AOS. The next day I sent the AOS supporting documentation. It was recieved within a couple of days. Since you only submit one AOS package for both a wife and child immigrating at the same time, I didn't notice that the choice of agent was not updated for my stepdaughter's case. As my Wife's IV invoice became available, I paid the fee. I had to wait for one document from my wife before I submitted the package. However, I noticed that my stepdaughters case was still not updated. I called 5 times over a month's period of time. Each time they stated they would update my stepdaughters record. Each time it was not updated. After the second call, they did tell me I could submit my stepdaughters civil documents using the AOS coversheet (barcodded letter). So I then submitted the remaining documentation. Unfortunately, I lost about 1.5 months waiting for the NVC to update my step daughters choice of agent. I believe it was an NVC internal system error. It took a call from my congressman's office to get it fixed.

My question is: If I submitted the AOS and it was received on October 23rd, and I had to wait because of the internal system error on two occasions to pay and submit the IV documentation, am I going to be penalized by a longer wait? In which date are they going to count the 60 days from? Should I call them every week? Should I have my congressman continue to get updates?

I have unfortunately uncovered many issues at the NVC. Firstly, the CEAC needs to be improved. They would certainly reduce the amount of calls to the NVC by communicating information better online. Example: They confirmed to me that they received all my documents verbally on the phone. So why does the website state "N/A" for both AOS and Civil Documents? Why can't they put a status of "Recv'd" once they get the documents. Secondly, the process of choice of Agent simply did not work in my case. Neither case of mine got updated and it had to be done manually. There was some complex issue with my stepdaughters and they had to "Fix" something. The case was actually updated after the first call about her, but the invoice did not generate. That is what had to be "fixed"

Thank you for reading and I look forward to your answers.

Sounds like she is is the Donetsk area.

How does she get Court permission when presumably those Courts are not operational?

She is in Kiev. It is more North Central. However, close to the Russian border. The official government has announced their intentions to retaliate against Russia. The current warfare in Donetsk is a civil war between Pro-Russians and Ukrainian rebels. The civil war is keeping it unsafe for me to travel there. The threat of war is the retaliation because Russia has cut their natural gas supply. Needless to say, it's an ef'd up country right now that gives me no chance to ever be with my wife until a visa is approved without serious rick to each of our lives.

I don't have any knowledge of expediting visa's, but just wanted to send a note of support. My wife, and son, are from Ukraine, and we had similar feelings before they were finally able to get here in February. We will be thinking about you guys, and praying for you all, and that your family is brought together soon.

Having seen Ukraine's healthcare system first hand, if your daughter isn't being seen in a private clinic, I would strongly recommend that. I hope she is doing well.

Lee and Mariana

She is being seen in a private clinic, but that is before she lost support from her ex. She will have to revert to a public clinic/healthcare unless I support her or she is under my healthcare (obviously shed have to be here for that)

I appreciate the support! And wouldn't mind having your email address (you can send in a private message on here, I think) to keep you personally update) if you want. Never hurts to have a network of friends through out this process and beyond.

Rick and Anastasiia

I understand your frustration and fear.

I have seen many people from dangerous places get turned down for expedites. I recall some from the Mindanao area of PI getting denied expedite, someone from Pakistan who had a car bomb go off in front of their house get denied expedite, and many others. I understand how scary it is, but I am just offering a guess based on reading various reports.

You can always ask, no harm done.

I understand and appreciate the honest and sincere thoughts! More than you know!!!

Rick,

All you can do is ask. Be sure to properly articulate and document the reasons you believe you qualify for an expedite.

Does your wife have sole custody of her daughter? Or will the father give permission for her to leave the country? My wife's ex had been absent for six years, never paid a dime of support, or had any contact with my step son, but we still had to go through the courts in Ukraine, for my wife to be awarded sole custody. Your step daughter (if she is a minor) will not be able to get a visa unless your wife has sole custody, or the permission of the other parent to leave the country.

She will get permission. She put up no resistance to her ex when he stop supporting her in the hopes of him giving full permission. He knows who I am, where I live and knows her plans to be with me here. He can be bi-polar it seems sometimes, but he has not yet made any comments about not giving permission to her. She is convinced it will not be a problem. She says she also has some things that will ensure that he will comply, I told her I don't want to know about any of it...LOL!!!

Threat of war, not enough reason. Once war happens and gas is cut off, maybe.

Financial loss, maybe.

Ill child, maybe, but probably not. She can get doctor care abroad.

Good luck.

In the Ukraine, there is war. Planes are getting shot down. I have read that they are more sympathetic to US Citizens who are in danger if they were to travel to the Spouses country. The reason the USCIS doesn't mind that visas take so long, is because they know that you can travel to be with your spouse from time to time. But when that is taken away or is unsafe, that is a one of the reasons, I read, that they even have the expedited process.

I am not trying to argue my point. But there is a war going on than and lives are being lost. The threat is only in her city. They have already given instructions on what different sirens mean in her city today (air strike, ground attack, chemical agents, etc.)

It would be horrific and God forbid, if my wife lost her life because "it didn't seem like a war at the time" from the perspective of the USCIS and Homeland Security.

Here is the situation.

I married my wife in the Ukraine in June 2014 (Yes, last month!) At the time is was relatively safe to travel to Kiev (Kyiv) Ukraine. However, it is no longer the case. The threat of War is imminent. Obviously, this has me, my wife and step-daughter very scared that war will come. There is already a real threat that Russia will cut off the supply of natural gas which will leave them without heat in the cold months and severely limit the amount of power each household can consume.

Additionally, upon our marriage, her ex-husband (who isn't a nice person to begin with) decided that because she got married (to me), that he no longer has to support his daughter. So now she has no money to live on unless I support her--which I will, but I don't have endless funds and will put me in financial distress--but I will do whatever it takes!

If that wasn't enough, Her daughter was diagnosed with Pyelonephiritis (swelling of the kindeys due to a bacterial infection that is chronic and rare) The acute version of the disease is bad enough, but if she needs to be kept at moderate temperatures and monitored continually at the age of 5 and the next two years.

I only got the opportunity to be with my wife for a total of 5 days (1 day before the wedding and 3 days after). Originally, I had plans to visit in October (For my Wife's, Step-child's and Mother-in-law's birthdays (Yes, all in October--heaven help me :-)), but now it is too dangerous.

So my question is, is this enough for an approval for the expedited process. I have not yet submitted the I-130, but I have all supporting documents (translated birth certificates, marriage certificate, Passport photos, Divorce docs, G325A, etc.. ) and I have an appointment with the local USCIS field office to submit in person and request that it be expedited based on the above circumstances on Monday.

Also, I originally was going the K-3 route, but is it better to go the CR-1 route for the expedited process? Is there anything different for the I-130 stage of the process that I need to do for a CR-1?

Thanks in advance for your answers!

Rick

Oh...One thing I need to add to the cover letter is a copy of the minor Child's birth certificate (Ukrainian and Translated)

The child is 5 years old so no issue there.

When you say all required documentation, do you mean submitting everything twice? or just The I-130, Photograph, and the money? I have read many times that the minor child does not require a G325A when associated with a spouse/parent.

This is the list of docs I am sending in and is part of the cover letter.

Completed G-1145 (Richard Sanford, petitioner)

Completed G-1145 (Anastasiia Shumeiko, beneficiary)

Completed and signed form I-130 for beneficiary

Completed and signed form I-130 for beneficiary’s minor child, Alisa Shumeiko

A personal check for I-130 filing fee

A. $840.00 - $420 for beneficiary and $420 for beneficiary’s minor child

Completed and signed form G-325A and photograph (Richard Sanford, petitioner)

Completed and signed form G-325A and photograph (Anastasiia Shumeiko, beneficiary)

Photograph of beneficiary’s minor child

Copy of petitioner’s birth certificate

Copy of marriage certificate

A. Copy of original in Ukrainian

B. Copy of Certified Translated to English

Copy of beneficiary’s birth certificate and passport

A. Copy of Birth Certificate in Russian and certified translated in English

B. Copy of English Passport

Copy of the petitioner’s proof of termination of previous marriages

Copy of the beneficiary’s proof of termination of previous marriages

A. Copy of original divorce document in Ukrainian

B. Copy of certified translated divorce document in English

Proof of a bona fide relationship

A. Wedding Pictures taken in the Ukraine.

B. Affidavit from a friend who has specific knowledge about the relationship

C. Affidavit from petitioner’s father who also knows about the authenticity of the relationship.

D. 12000+ Viber messages between the petitioner and beneficiary from over a month before the wedding to July 21^st, 2014

Can you submit the I-130 for an unmarried minor child along with my spouses I-130 and supporting documentation.

I realize that I will need to submit a photograph without a G325a for the minor child

I know that I will need to submit an additional payment ($420.00) for the Minor Child. Can I just write a $840.00 check?

Thanks for your help in advance!!!

Thanks!!! Very helpful!!!

Hi all, I am just starting to gather all I need to submit my petition for my spouse and her daughter to come to the US. I originally was going to use a lawyer or a services (RapidVisa) but thanks to this site and its members, it convinced me to do it myself.

I seem to have gotten somewhat conflicting information about when to file the I-130 for my new step-daughter. And on top of that, is it treated as a separate application as far as fees go? Has someone gone through the process that know specifically what is best? I don't understand the eligibility of permanent resident status (For filing it or not). She is 5 years old so all other eligibility requirements are well within range.

Thanks in advance!