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Author Topic: visa for new wife and her two sons?  (Read 43185 times)

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Offline Photo Guy

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visa for new wife and her two sons?
« on: August 23, 2014, 07:53:25 PM »
I'm leaning in the direction of marriage first, followed by a IR-1 or CR-1 visa for her. What visa would we use for her young sons? Would I need to adopt them? Please help... thanks, doug

Offline Drew

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Re: visa for new wife and her two sons?
« Reply #1 on: August 23, 2014, 08:49:42 PM »
IR-1 requires an existing marriage of 2 years or longer.

Offline Photo Guy

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Re: visa for new wife and her two sons?
« Reply #2 on: August 24, 2014, 07:24:36 AM »
Thanks. What about a CR-1?...plus K2's for her kids?   
« Last Edit: August 24, 2014, 07:37:23 AM by Photo Guy »

Offline BillyB

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Re: visa for new wife and her two sons?
« Reply #3 on: August 24, 2014, 07:47:25 AM »
What visa would we use for her young sons? Would I need to adopt them?



I doubt you need to adopt them for the kids to arrive with their mother at the same time. I suspect you will need to file some paperwork at the same time with their mother but I'm not familiar with what you need. You will most likely need permission from their father for them to be allowed to leave the country. Do you have this permission?


What about a CR-1?...plus K2's for her kids?   


CR-1 is for marriages less than 2 years and your wife won't get permanent residency upon arrival. You will have to apply for that later unlike the IR-1. Not many here have gone this route. Check out this link if we can't give you all the answers.


http://www.visajourney.com/content/i130guide1


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Offline Photo Guy

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Re: visa for new wife and her two sons?
« Reply #4 on: August 24, 2014, 08:23:50 AM »
Thanks Billy-
yeah, I had read that and I'm aware of the 'conditional status' of the CR-1. I am trying to get info about requirements for her kids, find out what paperwork is required, find out what kind of paperwork we need from her kids' father. Not much info about it at visajourney...  or at least I can't find it yet.

lordtiberius

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Re: visa for new wife and her two sons?
« Reply #5 on: August 24, 2014, 08:53:42 AM »
Thanks Billy-
yeah, I had read that and I'm aware of the 'conditional status' of the CR-1. I am trying to get info about requirements for her kids, find out what paperwork is required, find out what kind of paperwork we need from her kids' father. Not much info about it at visajourney...  or at least I can't find it yet.

have you tried contacting the embassy?

Offline Photo Guy

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Re: visa for new wife and her two sons?
« Reply #6 on: August 24, 2014, 08:57:56 AM »
In Kiev? Hmmm. I'll try that.

lordtiberius

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Re: visa for new wife and her two sons?
« Reply #7 on: August 24, 2014, 10:04:42 AM »
If you marry and adopt them, don't they become your children?

Offline Photo Guy

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Re: visa for new wife and her two sons?
« Reply #8 on: August 24, 2014, 10:11:41 AM »
I've never been in this situation before. I guess that's true. Do I officially 'adopt' them? Does ex-husband need to give official permission for their departure? Visitation rights? etc. I sent questions to the embassy... 
I need a different forum, for stepfathers, etc. ;-)
« Last Edit: August 24, 2014, 10:15:32 AM by Photo Guy »

Offline Drew

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Re: visa for new wife and her two sons?
« Reply #9 on: August 24, 2014, 11:11:18 AM »
X-man here on this forum just went through this.
Except he did the fiance visa.
But she brought a child, so probably same for that case.
Send him PM or maybe he will show up here in your thread.

Offline Doll

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Re: visa for new wife and her two sons?
« Reply #10 on: August 24, 2014, 11:29:05 AM »
I've never been in this situation before. I guess that's true. Do I officially 'adopt' them? Does ex-husband need to give official permission for their departure? Visitation rights? etc. I sent questions to the embassy... 
I need a different forum, for stepfathers, etc. ;-)
You don't need to adopt them. I've heard (don't know for sure) that if she is in Ukraine then she will need kids' father's permission (unlike how it is in Russia).

Offline calmissile

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Re: visa for new wife and her two sons?
« Reply #11 on: August 24, 2014, 11:34:59 AM »
I sent you a PM on this topic.  My wife and I are going through this right now.
Use CR-1 for her and CR-2 for the kids.  Using CR-1 will allow her to get green card and SSN when she arrives.  She can work right away.
As far as kids, fathers permission is required in Ukraine for children to get international passport and/or exit permit.  Furthermore, the US requires permission of father in order to immigrate.   Go to State Department web site.  All of the requirements are spelled out there.  PM me for more details if you want.

lordtiberius

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Re: visa for new wife and her two sons?
« Reply #12 on: August 24, 2014, 11:43:32 AM »
I've never been in this situation before. I guess that's true. Do I officially 'adopt' them? Does ex-husband need to give official permission for their departure? Visitation rights? etc. I sent questions to the embassy... 
I need a different forum, for stepfathers, etc. ;-)

How are you going to handle this?  What does the father think?

Offline Photo Guy

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Re: visa for new wife and her two sons?
« Reply #13 on: October 10, 2014, 04:58:19 PM »
Their marriage was bad. The father is supportive. He wants a better life for his kids in the USA, away from the war zone. Today an immigration attorney told me to consider doing a K1 again with her. It's my understanding that in Ukraine, a Napoleonic system is used where both parents have joint custody of children. I believe to offset this, the father would need to make a statement, allowing his kids to move out of the country, giving his permission. I'll now send a PM to X-Man, see what's up. I'm thinking a K1 with K2s might be a quicker route...

Offline JayH

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Re: visa for new wife and her two sons?
« Reply #14 on: October 10, 2014, 05:13:54 PM »
Their marriage was bad. The father is supportive. He wants a better life for his kids in the USA, away from the war zone. Today an immigration attorney told me to consider doing a K1 again with her. It's my understanding that in Ukraine, a Napoleonic system is used where both parents have joint custody of children. I believe to offset this, the father would need to make a statement, allowing his kids to move out of the country, giving his permission. I'll now send a PM to X-Man, see what's up. I'm thinking a K1 with K2s might be a quicker route...
PG-- if the father wants to see a better life for his sons that is a great help.Getting his signature on the relevant documents should be a priority . All too often when it comes time to sign those consents  a father will start getting difficult about it-- and as some here on forum will attest going legal is a nightmare.
With those consents in hand the rest of the process is more clear and should parallel others paths.
Right now-- I would put 100% effort into getting the fathers releases in place.
As an aside--I have often observed woman with children in immigration queue at the airport-- folders of paperwork in hand-- I always move to another line as they always seem to take a lot of time having documentation checked. :)
SLAVA UKRAYINI  ! HEROYAM SLAVA!!!!
Слава Украине! Слава героям слава!Слава Україні! Слава героям!
 translated as: Glory to Ukraine! Glory to the heroes!!!  is a Ukrainian greeting slogan being used now all over Ukraine to signify support for a free independent Ukraine

Offline viking

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Re: visa for new wife and her two sons?
« Reply #15 on: October 12, 2014, 10:53:01 AM »
I went the K1/K2 route. If for no other reason, I wanted my now wife to see where I lived, make sure there were little adjustment issues and so forth. The 90 days is a good time to "settle in". I have seen good people decide that it was just not going to work and said goodbye on day 89. Just my opinion. I do not know the age of children but as long as they are under 21 before arriving, all can adjust status with no problem. Make sure they are listed in all original paperwork. And yes, Dad needs to submit letters stating Mom has full custody. regardless of country. It will come up in the embassy interview.

Tom Hanks in Castaway: You never know what the tide may bring in.
Viking: But you still need to walk along the beach to find it.

Offline Photo Guy

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Re: visa for new wife and her two sons?
« Reply #16 on: October 12, 2014, 11:47:49 AM »
Doll, thank you. No need to adopt them.
Our history:
2006
  She arrived here in the USA on a K1 visa.
  Three months later she returned to Ukraine. No marriage.
  Her father went on a hunger strike demanding her return.
  I was disappointed. I met her again in Kiev later that year.
  She was ill and just had surgery then. Her parents divorced.
2007-2011
  We grew apart. I dated Americans. She got married and had
  two sons. Her father died. We stayed in touch.
2012
  She started communicating more, sent me Christmas photos of her family.
  We began doing a lot of emails and phone calls. She told me her marriage
  was bad. Her husband was an 'alcoholic'.
2013 to present
  We talk at least an hour a week, using skype and our translator.
  The same interpreter we used when we initially met in Kiev years ago.
We're in love. We need to reunite.

  I met with an immigration lawyer and now think the best course for us would be to do another K1 and K2's for her sons. She is about to get a 'friendly' divorce. Getting a statement from her husband, giving his permission for his sons to leave Ukraine should be doable. She would like her mom to attend our wedding here. Is this possible? What kind of visa?
  So this timeline is not exactly typical. It will be two K1's for the same woman...

Offline calmissile

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Re: visa for new wife and her two sons?
« Reply #17 on: October 12, 2014, 11:48:55 AM »
I went the K1/K2 route. If for no other reason, I wanted my now wife to see where I lived, make sure there were little adjustment issues and so forth. The 90 days is a good time to "settle in". I have seen good people decide that it was just not going to work and said goodbye on day 89. Just my opinion. I do not know the age of children but as long as they are under 21 before arriving, all can adjust status with no problem. Make sure they are listed in all original paperwork. And yes, Dad needs to submit letters stating Mom has full custody. regardless of country. It will come up in the embassy interview.

Agree 100% with your post.   It is the traditional method used by most.  However there are other options for special  cases.  Also, in your example, the parties don't really know if they are well matched until fiance arrives in US.

We chose a different route because we knew that it would be some time before she could immigrate due to legal issues with custody, several properties that needed decisions on being sold, business that needed to be sold, etc.
We both decided that we wanted to cement the commitment and plan going forward without worrying if either of us would have later doubts.  Therefore we got married  in Kiev.

We also had the advantage of my trips to Ukraine and living together and dealing with the obstacles together as a family.  Also, my wife received a 5 year, multi-entry Tourist Visa.  We have bounced back and forth between Ukraine and the US over the past year so we have had an ample time to adjust to each other.   I am also very lucky that my wife has a pleasant personality and does not like to argue and fight.  She is very objective when we discuss options that could otherwise end up as an argument.  I also changed my behavior in recent years....... If it is not than important, let her prevail.

Certainly our chosen method is not for everyone.  It is very expensive compared to the traditional K-1/K-3.  I think each couple needs to decide what method of immigration fits their scenario the best.

Offline Photo Guy

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Re: visa for new wife and her two sons?
« Reply #18 on: October 12, 2014, 12:00:18 PM »
Doug, I thank you for all of your past advice. Step one for us is...her divorce. She says he is on board with it and willing to give permission for his sons to move with her to the USA. Very happy about that. I have all of our old K1 documents from 2005. That should help too, along with newer communications from the past 9 years. I pray that the process goes smoothly...

Offline calmissile

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Re: visa for new wife and her two sons?
« Reply #19 on: October 12, 2014, 12:03:57 PM »
Doug, I thank you for all of your past advice. Step one for us is...her divorce. She says he is on board with it and willing to give permission for his sons to move with her to the USA. Very happy about that. I have all of our old K1 documents from 2005. That should help too, along with newer communications from the past 9 years. I pray that the process goes smoothly...

Your welcome.  I pray that the custody and divorce go well for you.   If it all works out like you hope, the K-1/K-3 should work well for you.

lordtiberius

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Re: visa for new wife and her two sons?
« Reply #20 on: October 12, 2014, 12:05:28 PM »
Will the father be able to see his children when the deed is done?

Offline calmissile

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Re: visa for new wife and her two sons?
« Reply #21 on: October 12, 2014, 12:08:25 PM »
Will the father be able to see his children when the deed is done?

I suspect it is their personal business and not those wanting to start a new debate about visitation.

lordtiberius

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Re: visa for new wife and her two sons?
« Reply #22 on: October 12, 2014, 02:00:53 PM »
The man has rights.

Offline Photo Guy

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Re: visa for new wife and her two sons?
« Reply #23 on: October 12, 2014, 02:45:16 PM »
Will the father be able to see his children when the deed is done?
We'll keep you posted.

lordtiberius

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Re: visa for new wife and her two sons?
« Reply #24 on: October 12, 2014, 06:58:59 PM »
Bad joss to deny a man his rights.

 

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