How do Children alter the Residency situation?

[broguearcher]

What is the name of your state? Pennsylvania

My fiance has two children that are also Mexican born. When she and I get married and then apply for residency for herself how will this affect her children? Will they automatically also be granted residency (and someday be eligible for citizenship) through her? She is divorced from their father and he has no contact with them. Can he pose any potential threats to us in proceeding with our plans to marry and then file a 485? I'm concerned that somehow he could have the ability to interfere because he is the children's father even though he is not involved in their lives.

thanks!!

Sam

 

[Silverplum]

What is the name of your state? Pennsylvania
My fiance has two children that are also Mexican born. When she and I get married and then apply for residency for herself how will this affect her children? Will they automatically also be granted residency (and someday be eligible for citizenship) through her? She is divorced from their father and he has no contact with them. Can he pose any potential threats to us in proceeding with our plans to marry and then file a 485? I'm concerned that somehow he could have the ability to interfere because he is the children's father even though he is not involved in their lives.
thanks!! Sam

"Interfere" how? Stop you and Mom from kidnapping his kids and taking them to another country? I hope he does.

 

[ImmigAttyLana]

They will get residency with her if they enter with her and you apply for them at the same time as you apply for her. If they are still in Mexico, then you would have to apply for them separately and they will have to go through consular processing to get their immigrant visas. Of course, you or she will need to clarify the situation as far as taking them out of the country with the father's permission, etc. if that is required. Since this will have to do with local Mexican laws on family law, you would have to consult with a family law attorney in Mexico.

Please let me know if you have any additional questions or how I can be of further assistance to you in this matter.

 

[broguearcher]

They will get residency with her if they enter with her and you apply for them at the same time as you apply for her. If they are still in Mexico, then you would have to apply for them separately and they will have to go through consular processing to get their immigrant visas. Of course, you or she will need to clarify the situation as far as taking them out of the country with the father's permission, etc. if that is required. Since this will have to do with local Mexican laws on family law, you would have to consult with a family law attorney in Mexico.

Please let me know if you have any additional questions or how I can be of further assistance to you in this matter.

BOTH my fiance and her children are already here in the country.... have been for quite some time now.... and LEGALLY

thanks!

 

[broguearcher]

Huh????

"Interfere" how? Stop you and Mom from kidnapping his kids and taking them to another country? I hope he does.

Silverplum..... ya might just want to keep your nose and opinion out of situations that you can't possibly know enough about to comment on. We're talking about a DIRTBAG father here who wants nothing to do with his children..... so your sympathies for dad are sorely misguided here.

 

[ImmigAttyLana]

Then you would have to first get married and then file for her and for her children's permanent residence on the basis of the marriage.

Please let me know if you have any additional questions or how I can be of further assistance to you in this matter.