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  • Can't be together ?

    Hi there,

    I am having some problems here. I am from from the UK and my fiance is American. I am currently here in the US on my 4th visit on a pilot waiver visa... and I've been told this will be the last time that I am allowed in on one.

    Anyway....We decided to get married last year, but then we found out my fiance does not meet the income requirements to sponsor me as a fiance or husband as she claims her two children as dependants. We looked into this and we where told we needed an affidavit/co sponsor, but no one will help us there. We also where told that even if we married I would still have to leave when my 90 days are up. (I have approx 30 left).

    Seeing as how we can't be together in America we are looking into marrying anyway,,and me bringing her and her two children to live with me in the UK. However her ex husband who lives in ND (we are in GA) who has no contact with his kids and doesn't send child support... will not allow this. A divorce modification took place almost a year ago, and now my fiance now has sole physical custody (but remaining joint custody).

    My question is.....Can he stop us from moving to England ? and if so.... is there anything we can do about it ?

    Any help or advice would be really appreciated !

    Thanks.

  • #2
    Hi there,

    I am having some problems here. I am from from the UK and my fiance is American. I am currently here in the US on my 4th visit on a pilot waiver visa... and I've been told this will be the last time that I am allowed in on one.

    Anyway....We decided to get married last year, but then we found out my fiance does not meet the income requirements to sponsor me as a fiance or husband as she claims her two children as dependants. We looked into this and we where told we needed an affidavit/co sponsor, but no one will help us there. We also where told that even if we married I would still have to leave when my 90 days are up. (I have approx 30 left).

    Seeing as how we can't be together in America we are looking into marrying anyway,,and me bringing her and her two children to live with me in the UK. However her ex husband who lives in ND (we are in GA) who has no contact with his kids and doesn't send child support... will not allow this. A divorce modification took place almost a year ago, and now my fiance now has sole physical custody (but remaining joint custody).

    My question is.....Can he stop us from moving to England ? and if so.... is there anything we can do about it ?

    Any help or advice would be really appreciated !

    Thanks.

    Comment


    • #3
      If it's "Joint Custody", then he CAN disallow the children from leaving the U.S. My ex-wife doesn't pay child support and live in Hellifornia, I live in Colorado. Child support and custody issues are SEPARATE issues.

      Sole custody would have to be granted, and if the judge catches wind of your woman planning on leaving the U.S., I doubt it would be granted.

      I don't know of any other ways, but I wish you luck.

      Comment


      • #4
        Yes, the ex-husband can stop her to bring her childs out of US since they having joint custody.

        Comment


        • #5
          Looks to me like the only way you two can avoid a seperation (assuming you can't find a co-sponsor) is if you overstay your visa and then apply for adjustment of status after you are married, unless you are earning an income as well and can sponsor yourself or one of you has sufficient assets.

          I feel for you stevie. My husband and I have been seperated for 4 months because of this Affadvit of Support (finding a joint sponsor is nearly impossible!) and my husband still hasn't seen his nearly 4 week old baby girl. Like you, we don't have the option to go to another country. We really need to start working on getting this law changed....

          Comment


          • #6
            yOU JUST TOLD HIM TO BREAK THE LAW ,SO WHAT GOOD ARE LAWS CHANGES?And why is your Husband not allowed into Palestine??? How dare a country control who enters it , that is shocking. As far as your native Indian ploy goes I don't buy that for a minute ,but maybe you should be concerned how these folks treat the ones THEY TOOK THE LAND FROM.THEY ARE STILL PACTICEING GENCIODE ON THESE FOLKS TO THIS DAY



            http://www.hartford-hwp.com/archives/41/071.html
            Mexican Indians unite for autonomy, land and justice
            From Green Left Weekly, 7 April, 1995
            The Zapatista uprising testifies to a new radicalism of the indigenous peoples of Mexico. A range of Indian organisations drafted the following declaration during the November assembly of the National Democratic Convention. They call for autonomy, and for full involvement of the Indian masses in common struggles for land, liberty and justice.

            For over 500 years, we Indian peoples of Mexico have suffered marginalisation, poverty, discrimination, exclusion and contempt for the cultural forms of our social and communal life. All through this period, there has been an attempt to convince us that our problems are the consequence of our cultural level. But now we are aware of the real situation, that what we, the Indian peoples, are subjected to, is a direct result of the fact that we have been excluded from power, from the possibility of taking part in the national decisions which concern the whole country - the regions, the municipalities and the communities where we live. So this is not a problem created by our culture but by the absence of a political power which acts for our people. However power is divided, the Indians are always excluded

            Comment


            • #7
              Dawn, how is your little one? And how are you - getting any sleep yet?

              We have had 3 miscarriages in 2 1/2 years (my age is the reason) so I love to hear about new little babies that made it all the way into the world! Wishing you all the best,

              Nance Lee

              Comment


              • #8
                Thanks for your help guys but I just noticed a mistake in my first post. The custody arrangement is as follows: My fiance has sole physical custody of both children and the legal custody is joint (which means he is now obligated into paying child support and medical bills). The modification papers say that any final decision with regards to the welfare of the children will be decided by the mother. Does this make any difference ? The fact it is sole physical but not legal custody ?

                Another matter that was brought to my attention recently from another single mother who had similar problems (not immigration issues) was that her 12 year old daughter will now be allowed to cross state lines without written permission from her father once she turns 13. We where under the impression it was to be the age of 18....does anyone know of this ?

                By the way...thanks again for the help.

                Comment


                • #9
                  I don't think i read what state you are in, however it sounds like you have your hands full! It is true that as long as you have joint legal custody of the children with your ex, you cannot move those children out of the state. However, did i read that he does not pay you child support? The laws vary in every single state so its difficult for anyone to give you advice. As far as your fiance, that whole situation ****s, i have the same, however, what are the guidelines for insufficient income to support you? And what do you need in a sponsor? Good Luck to you I know these are difficult times.

                  Comment


                  • #10
                    Hi Lurker. Thanks for asking about the baby. She is doing well, thank goodness. I had to go back to work 2 1/2 weeks after her birth so she is with a sitter most of the day, but she's adjusting well. As for sleep....well I figure there is time for sleep next year....

                    Sorry to hear about your wife's miscarriages and I hope that you are able to have a little one of your own one day. A friend of mine had 5 miscarriages before she had a son; it is frustrating but but keep hope!

                    Comment


                    • #11
                      Sorry to hear about your problem dawninMD....I was wondering what the reason is as to why your husband hasn't been back for 4 months. I am assuming thats he is having a harder time returning to the states as you are both now legally married (without the affidavit). Is this the case ?

                      I'm not sure what to do. If I get married on this trip over (without the co-sponsor) will it be harder for me to return next time ?

                      Thanks.

                      Comment


                      • #12
                        hi stevie. my hubby hasn't been here because he was never here in the first place. we met and married abroad and then found out that the embassy would not accept my affadavit, so he hasn't been able to come.

                        you cannot enter the u.s. on a non-immigrant visa if you are planning to immigrate. so yes, if you married and then came back on a tourist visa you would be breaking the law. also, if you come on a tourist visa with the intention of marrying and immigrating here you are breaking the law. so be careful if you travel back home; you could end up being there for a long time. good luck finding the joint sponsor and hope things work out for you.

                        Comment



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