Topic: IMMIGRATION HELP!!
msharmony's photo
Sat 09/19/09 01:19 PM
Does anyone know a solution. ....

Husband and I are seperated, headed toward divorce, but he lives in the United Kingdom(where we were married) and I live in the USA. We have a toddler daughter who is born and raised here in the USA as well. The dilemma is ,, with us deciding not to be together, is there ANY way he can still be a part of his daughters life. His visa to the US was denied and he is appealing it, but it was a spouse visa so he will have to try to get in another way now that we arent together....


I dont want him to have to give up our daughter because we couldnt make it. Any advice?...

no photo
Sat 09/19/09 01:23 PM
That's a tough one. I'm in Canada, so the rules are probably different. Why did the U.S deny him a visa?

robert1652's photo
Sat 09/19/09 01:26 PM

Does anyone know a solution. ....

Husband and I are seperated, headed toward divorce, but he lives in the United Kingdom(where we were married) and I live in the USA. We have a toddler daughter who is born and raised here in the USA as well. The dilemma is ,, with us deciding not to be together, is there ANY way he can still be a part of his daughters life. His visa to the US was denied and he is appealing it, but it was a spouse visa so he will have to try to get in another way now that we arent together....


I dont want him to have to give up our daughter because we couldnt make it. Any advice?...
based on your marriage didn't he get a green card?

no photo
Sat 09/19/09 01:26 PM

Does anyone know a solution. ....

Husband and I are seperated, headed toward divorce, but he lives in the United Kingdom(where we were married) and I live in the USA. We have a toddler daughter who is born and raised here in the USA as well. The dilemma is ,, with us deciding not to be together, is there ANY way he can still be a part of his daughters life. His visa to the US was denied and he is appealing it, but it was a spouse visa so he will have to try to get in another way now that we arent together....


I dont want him to have to give up our daughter because we couldnt make it. Any advice?...
[/quote

If he get a sharing custody or the right to visit his daughter ,(based in a legal decision) he will be able to get a visa for 10 years.Not the right to work or remind in USA . Only traveling visa .He will not be able to remind on USA , more then 90 days a year .

TxsGal3333's photo
Sat 09/19/09 01:27 PM
I would suggest to get a lawyer Visa are iffy and when since you married in the United Kingdom not here no telling what laws will take effect..... Good Luck have seen it where when such issues happen they kidnap the kids and take them back to different countries and the US can't do much about it so hope you both keep it civil as well.....

GRIFFIN_LIZZARD's photo
Sat 09/19/09 01:29 PM
Can the daughter not fly to him for the same price or less than he can fly to her? just asking.

Dan99's photo
Sat 09/19/09 01:32 PM
Edited by Dan99 on Sat 09/19/09 01:35 PM
Any Brit is entitled to a visa to visit the states, unless there is a reason for the states to decline it. What was the reason?

If he is looking for permanent residency, its more difficult, i have no idea about the law, your case isnt exactly straight forward.

Monier's photo
Sat 09/19/09 01:38 PM
Edited by Monier on Sat 09/19/09 01:39 PM

Does anyone know a solution. ....

Husband and I are seperated, headed toward divorce, but he lives in the United Kingdom(where we were married) and I live in the USA. We have a toddler daughter who is born and raised here in the USA as well. The dilemma is ,, with us deciding not to be together, is there ANY way he can still be a part of his daughters life. His visa to the US was denied and he is appealing it, but it was a spouse visa so he will have to try to get in another way now that we arent together....


I dont want him to have to give up our daughter because we couldnt make it. Any advice?...


Whatever you do, do not ship that kid over there or leave her there for any time without a court agreement. English courts are not like our system where children are involved.

A friend of mine married a man from the UK and their child was born in the US. A year later, they moved to England. The mother had to fly back to the states to take care of her father while he was ill and left the daughter with him and his family. She was served divorce papers weeks later and cut off from her child.
She lost the custody battle (in their high court) even though she works for a bank and he is a drunk and on English Welfare.


You have a big heart, but protect your family. Get an agreement.




earthytaurus76's photo
Sat 09/19/09 01:39 PM
Well, I married someone from England here in the US, and he came over on a temporary visa which lasts 3 months just with a regular plane ticket.


I think that should be plenty of time.


Other than that if they say he cant come that way, good luck with the appeal.

no photo
Sat 09/19/09 01:57 PM

Can the daughter not fly to him for the same price or less than he can fly to her? just asking.


No way I'd send a toddler by him/herself halfway across the world on a plane. Not even to a different city close by.

msharmony's photo
Sat 09/19/09 02:12 PM

Any Brit is entitled to a visa to visit the states, unless there is a reason for the states to decline it. What was the reason?

If he is looking for permanent residency, its more difficult, i have no idea about the law, your case isnt exactly straight forward.


He was denied because a) they felt he was dishonest in his interview b) he had convictions from twenty years before for theft and c) I dont make enough to sponsor him

We applied for the spouse visa and because it was denied they also said he could not even ENTER the USA.

msharmony's photo
Sat 09/19/09 02:14 PM


Does anyone know a solution. ....

Husband and I are seperated, headed toward divorce, but he lives in the United Kingdom(where we were married) and I live in the USA. We have a toddler daughter who is born and raised here in the USA as well. The dilemma is ,, with us deciding not to be together, is there ANY way he can still be a part of his daughters life. His visa to the US was denied and he is appealing it, but it was a spouse visa so he will have to try to get in another way now that we arent together....


I dont want him to have to give up our daughter because we couldnt make it. Any advice?...
[/quote

If he get a sharing custody or the right to visit his daughter ,(based in a legal decision) he will be able to get a visa for 10 years.Not the right to work or remind in USA . Only traveling visa .He will not be able to remind on USA , more then 90 days a year .


This sounds like the right way to go but I had not heard of it before. Sharing custody pertains to parents on different continents? Would I do that through a regular divorce attorney? If so that would be just perfect. I feel awful that he thinks he can never see his daughter because of our ended relationship.

no photo
Sat 09/19/09 02:16 PM
Is he a good father?

AngeliaJ's photo
Sat 09/19/09 03:16 PM
Unfortunatly when it comes to Immigration and families the courts can be pretty heartless. They dont think twice about ripping a family apart if one of the parents is not here legaly. Ive seen mothers deported and their childred left here and vice versa. Sometimes there is no way to win.

msharmony's photo
Sat 09/19/09 04:18 PM

Is he a good father?


He loves her but he hasnt got the chance to be a father yet.

robert1652's photo
Sat 09/19/09 04:20 PM


Does anyone know a solution. ....

Husband and I are seperated, headed toward divorce, but he lives in the United Kingdom(where we were married) and I live in the USA. We have a toddler daughter who is born and raised here in the USA as well. The dilemma is ,, with us deciding not to be together, is there ANY way he can still be a part of his daughters life. His visa to the US was denied and he is appealing it, but it was a spouse visa so he will have to try to get in another way now that we arent together....


I dont want him to have to give up our daughter because we couldnt make it. Any advice?...
[/quote

If he get a sharing custody or the right to visit his daughter ,(based in a legal decision) he will be able to get a visa for 10 years.Not the right to work or remind in USA . Only traveling visa .He will not be able to remind on USA , more then 90 days a year .
As a British person he can do that with a visa Waiver and be in the USA for 90 days without visa each time