MJMH

10 hours ago, Linda91 said:

We received notice of action form I-797C letters from uscis for the forms we sent. They didn't ask for any more information, just that they will give us an appointment for the biometrics by mail. Does that mean we got approved? Or are they still working with the documents? 

 

Thank you

This is just a normal part of the process. After your biometrics appointment, you'll have to wait quite a bit (between 3 to 12 months) depending on the field office. Then you'll get an appointment letter. At your appointment,  you'll be questioned some more along with your husband, and then the officer will make the decision on whether to approve you on the spot, tell you that he must take your case to his supervisor, etc. They have 180 days to respond with an approval or denial of your I485. You may get RFE (requests for further evidence) either before or after your appointment.  This is also normal, so don't worry too much about it. Not everyone gets them though, every single case is differente than the next, not all circumstances are the same in every case.

5 hours ago, Linda91 said:

Do we have to submit 2 photocopies for each form? Or can we submit 2 photocopies for all the forms since we'll send them as a package? 

Treat each form as if you were sending them separately. Each is processed by different agents. Otherwise, you'll get and RFE for the documents not included. I see many people complaining that they got RFEs for Birth Certificates, Marriage Certificates, etc that they had already sent with their original package, and it is because they did not send enough copies of them.

18 hours ago, fip & jim said:

This is not true. Custody does not give a person the right to remove a child from one jurisdiction to another. Dominican Republic is a Hague Convention country. This treaty ensures that children that are internationally abducted by a parent are returned to their country as quickly as possible.

 

You need a specific court order to remove a child from one jurisdiction to another. I did this for my child. I did it before we filed our immigration petition. I represented myself in court and made a comprehensive proposal detailing how immigrating was in the best interests of my child. I detailed how I would ensure my child could continue relationships with people from the home country. This is the only way you can obtain a visa for a child that is a citizen of a Hague Convention country. The first thing they ask you at the consulate interview for the visa is if you have permission to permanently remove the child from the country and they want the original paperwork (court order or signed permission from the other parent) to prove it. 

 

If the mother won't give permission then you will need to get a court order. Personally, I wouldn't be content with only a signed permission as people can and do change their mind. If you apply for a court order they usually insist that all parties attend mediation to resolve any issues before appearing in court and finalizing either permission or denial. If the mother won't attend then a decision will be made in her absence. Given that the grandmother is caring for the child too then that will need to be resolved. There's been a lack of planning here. There's been a lack of research about the process and the requirements. The alternatives haven't been thought through. It's not enough to hope for the best where children are involved. The child needs to maintain relationships with the people that are currently in her life. Immigration is tough. Assimilating in to another culture is tough. The laws are there to protect children. People often mistake parental responsibility for parental rights. The child has rights, the parent has responsibility. A judge will look at facts about who has behaved responsibly and make a judgement (based on the factual evidence presented) on what is in the best interests of the child. 

 

I would offer mediation (with a qualified mediator) to see what can be resolved. If the grandmother is elderly then that needs consideration too (what if she got sick or died in the current situation?). Detail, in minute detail, your proposal (e.g. I offered my child's other parent pay less child support so there was funds for visitation. I detailed exactly how much plane tickets to and from the US are, etc.). In my opinion this situation needs sorting out regardless of immigration. Informal agreements often leave children vulnerable if something goes wrong. Once your husband has left the Dominican Republic and has become a permanent resident of the US it will be even more difficult to negotiate an arrangement for his child. This needs sorting ASAP. Leaving this until 8 days before he is planning to leave does not bode well for proving responsibility and forward planning if he wishes to bring her to the US. 

 

 

 

 

Full custody does give the parent the right to relocate to another country with the child. The mother can visit her in the US as much as she can visit her anywhere else. She is not living with her anyways. The grandmother is elderly and sick. I would take this matter in front of a judge, and let the court grant you full permission to take the child to the US.

On 8/24/2019 at 3:47 PM, missileman said:

There is nothing to prohibit adjusting status from a B2 or ESTA if there was no intent to do so prior to entering the US........

Exactly. The whole thing is INTENT. My boyfriend proposed to me while I was visiting him, I had told the Border Patrol I was coming here to visit my boyfriend, so there was no lie there. The proposal and marriage was completely unplanned. It happened about 3 weeks before I had to go back.

3 hours ago, geowrian said:

^This

It's only an option for people already inside the US, not those coming to the US.

Yes, it is legal. There are a few considerations though, like the 60-90 day rule. 

On 8/20/2019 at 4:49 PM, Linda91 said:

The financial part is not a problem for us. We are going to file ASAP but how long will it take for us to receive our notice that they have received it?

Thank you

I filed 3 days after we got married, and received the NOAs about 10 days later. I filed 6 days before my time was up. I stayed in the USA with my hisband. As for the driving, depending on the State in which you live, you may get a driver's license without a SSN, others don't allow it. Mine doesn't, so I took and passed the test, and have a provisional driver's license until I get my SSN. 

On 8/20/2019 at 4:14 PM, Linda91 said:

Hi,

My family and i came to the states for a family vacation (with ESTA/tourist visa). My american citizen boyfriend of 3 years spent some time with us. After 86 days together, he asked me to marry him because he couldnt bare to seperate from me. We are now married. How do we go on from here? What steps do we take? What forms do we need to submit? Will we be denied?

 

My ESTA visa is about to expire in 3 days, will that be a problem with the process?

 

Thank you,

Linda 

 

Hi Linda!

I am in your exact situation. You should file a one-step IMMEDIATELY.  I-130, I-131,I-485, I-765, I-864. You must do so as soon as possible, because you have started to accrue illegal stay after your 90 days ended. Check your I-94 online, it should tell you your status.

Let me know if you need any help.

3 hours ago, jeanita68 said:

The mother lives in another country. So how can he take her to court. He will go and talk to a lawyer on monday

It does not matter. You take her to court for custody. If she does not respond, then he should be awarded full custody. Just make sure she has not left an authorization for the grandma to care for the child in her absence. He has rights as well. Is he on the child's birth certificate? That helps a lot, many men are not, especially if the couple was not married.

If he is granted full custody, then he will be able to bring her to the USA. Also, I know in many Latin American countries they have started to take into account what the child wants. So make sure you have a forensic psychologist (one that works for the DR justice system) do a full psych report on her, how she relstes to her mother, to her dad, grandmother, etc. The fact that the mom has not even visited in the oast two years could also count against her. While it is not uncommon for women to leave their kids to their mom while they go to "work" in other countries, it could also count as abandonment.  You'll know more when you speak to the attorney. Also, see if in the DR they have public defenders for children. I know in my country, Paraguay, they do, and they were an awesome help to me when I was going through a divorce and fighting for child support and alimony. Use all the means available to you.

16 minutes ago, mushroomspore said:

You're not even going to get her visa without parental consent or a court order. And as others have said, that would be international crime to just take her anyways.

Exactly. And that will be considered international.child abduction and smuggling.  And good luck getting his greencard and/or citizenship then

7 hours ago, jeanita68 said:

My husband is from the Dominican Republic and just got approved for i130 and will arrive here in the US on September 1st. We already started the process for his 9 yr old daughter to join us and her case is at NVC and we hoping to have her here by Christmas. His daughter is currently living with her grandmother, her mothers mom. Her mother has been living in another country since the child was 2yrs old. And only comes to visit every other yr. my husband has been the only parent she knows and he sees her daily and provides everything she needs. Now the mother heard about him going to the US and will be bringing the child. She immediately called him and said he can not take her to live in the US. What can we do? She doesn’t even live in the same country and barley sees the child. The my step daughter has been crying her heart out? My husband is devastated? Can he get full custody? Has anyone in DR had to get custody of a child? How do we go about it? Any advice? Thanks 🙏🏾 

The only thing he can do is take her to court. If he does not have full custody of the girl, he will not be able to take her with him.