Stephie C

Thanks for your response, no as a British citizen she can return to the UK whenever she wishes. Unfortunately the order only gives me permission to the US, it even specifies which state. To take her to another country would require an additional court order. Thanks

My understanding is that evidence of permissions to remove a child ( which I have and is court ordered) is only required when you apply for their visas as the i130 is only to establish a relationship to the US Citizen. I uploaded the court order to her i130 application to remove any doubt.

The court order can and has been shared with the USCIS I’m just not comfortable sharing the information on an open forum.

Thanks for your help, it’s very much appreciated. So what is the normal format please? I thought ours was pretty standard.

Thanks for the response, luckily no additional consent will be required from the father as the judge has overruled him. The only way it could be an issue is if he makes any additional applications. Again the need for consent is taken away from the parents and in the hands of the judge. The wording of the order has been checked by a US family lawyer from the county we plan to move to. They have confirmed that it contains all the correct terminology, so I hope it is sufficient. My reasoning for requesting the process being sped up ( other than meeting our proposed timeframe) is to ensure that if it is ever taken back to court I can honestly say I have done everything in my power to stick to the original plan. This is why I have also previously asked about K3/K4 visas. Thank you for your help.

Thanks for your reply. Yes I’m aware that the I130 is only the first stage and the process and the next stage was included in the time frame. That is why I am considering applying for it to be expedited now to allow time for the next phase and still meet the original proposed leaving time. If I make the request I will ask that they all be approved early or none of them. I do have the option to leave before my husband but would have to be able to relocate with all of the kids. Thanks for your help

Thank you all for your comments. The details of the court order can’t be shared on an open forum as it would put me in breach of the Children’s Act. The details also are not relevant to answer the question. When making an application for permanent removal from the jurisdiction it is standard practice to supply the courts with a plan and a timeframe. The judge made their decision based on the plan and timeframe which was accurate at the time the statement was submitted to the court, this included accurate and up to date processing time supplied by the USCIS. The judge felt that the timeframe was appropriate as did the other party’s legal team. Since the order was approved by the judge our processing time has been dramatically altered. This means that certain parts of the plan cannot be met if the processing time remains the same. As the order was granted on the information that was provided to the judge at the time, if elements of it should change there is a possibility that the father could make a new application to the family court requesting a Specific Issues Order to stop the relocation. This would not be an appeal as he does not have permission to make an appeal, it would be a new application. All applications are accepted regardless of their merit or validity. There would be a number of gatekeeper hearings before it is reviewed by a judge ( the only person who has the authority to make a judgment on such matters). This initial process can take several months. The existing sealed order remains valid until a new order is passed but it would be incredibly risky to remove her during proceedings, for risk of being accused of abduction. The chances of the father’s application being successful are slim but it would delay the relocation and put the child back into proceedings, not a pleasant experience for a child and she has already done enough of them. Past experience tells me that if the father has the opportunity to be disruptive, he will be. part of the family relocating first is not an option, I am the primary caregiver for the children, if my husband had to take on this role then he would have to quit his job. That scenario would put our family in severe financial hardship. So I think a better question to pose to the group is: Would making a request for our cases to expedited harm or further delay our applications in anyway? Thank you for reading and for your advice.

Thanks for your comments. The proposed plan presented to the courts was based on accurate information at the time from the USCIS based on our applications. In March the USCIS increased the estimated processing time considerably for our applications. This is why the court timeframe can no longer be met. Getting anything passed through the family courts in England takes years. Returning to court would not be in the best interest of the child. Details of private proceedings pertaining to a child won’t be shared on an open forum.

Sorry I don’t understand what you mean. I’ve met all of the legal requirements to relocate her from England to the US permanently and this is reflected in the court order, which was uploaded with her I130 application.

The jurisdiction is England and Wales. I have a court order stating that I have permission to permanently remove her. This was granted in January.

Thanks for your reply. No all of the i130’s, for my husband and all of the children were filed at the same time. The USCIS website stated the estimated time until a decision. I used this information as evidence in court that my timeframe was reasonable. The court order was granted in January but in March the USCIS increased the estimated processing time for between four and nine months for all of the applications, hence why I’m now concerned that the timeframe won’t be met. The court order doesn’t state a date when she has to leave, just that she is allowed from a certain date. My concern is there were a number of factors that led the judge to decide to let her go, if these factors change the father could potentially take us back to court and in the UK that could take about 2 years to sort out. Thank for your help

Thanks very much for your response. So it won’t slow down the process further by asking?

Hi, I have made I-130 applications for my husband and children, all still pending. I had to get permission from the family court in the UK to remove my eldest daughter from the jurisdiction. We were granted permission, based on our proposed plan, including timeframe. The applications are taking longer than anticipated to process and I am now concerned that we will not be able to meet our proposed timeframe. One possible outcome if this were to happen is that the child’s father takes us back to court to revoke the original order. Would needing to meet a court order’s timeframe be sufficient grounds for requesting and expedition of all of the I-130 applications? Thank for the help.

Ok, thanks for the info, I was just investigating every possible option to try to get us over there ASAP as my husband’s salary will increase substantially once over there.