need advice

[vvianmar]

What is the name of your state? CA
I have been living in the US for 2 years. I first came with a I-94 visa and mariied an american citizen. We have a daughter now. We haven't filed the papers because I have 2 more daughters from a previous marriage in Mexico. I was told by an attorney that I need my first two girls fathe's signature to get their paperwork done. Is this true? I 've been asking for it all this time and he won't give it to us. Is there something else that I can do? Can I file qwithout his signature? Can my husband adopt them? Should I file just my papers without them?
Help please!

 

[Mrowka]

I deleted my answer because from your post in another forum I can see that the matter is more complicated and your girls are with you in the us. That's not what I understood from your post here so my answer was incorrect. I believe it is more a custody issue than immigration issue and you should get better answers on custody forum.

 

[vvianmar]

Yes, but in the custody forum they don't know about inmigration.
Is there such a thing as a inmigration/family attorney?

 

[Mrowka]

There should be an attorney specializing in both areas.

What exactly do you want to do?
From what I understand you and your daughters are now without status. Then your husband definitely should file for you as soon as possible. If I am wrong, I am sure someone here will correct me, but I think that you should include your daughters on your application as nowhere on it does it ask if you have their father's permission. So technically it is not necessary to have it at the moment of filing. If the time comes for your case to be decided and at that time you still are unable to obtain that permission, your girls probably will not be granted residency.

Honestly, I don't understand why your ex will not give you his permission. If they are legal here they will be able to visit their family in Mexico and still come back home.

 

[phwl]

You have a rather complicated problem. First, you should understand that you will not automatically get custody of your daughter because of her disability. To get sole custody, a person must be able to prove (in court) that the other biological parent is unfit to share custody, or if the other parent relinquishes his/her rights to custody. Most people would never sign away their rights to their children. I shouldn't, but I am assuming you and your ex have mutual legal custody. My question now is who has residential custody? If you do, then the girls should have immigrated with you to the US, and with you divorce papers, you should have no problem getting re-married. Your new husband can file for your daughters adjustment of status (separate from yours) by filing an I-130 and I-485. (This is based on the familial relationship of stepfather/stepchild) If you try to go the way of sole custody and adoption, you would need to have your ex husband to sign away. If however, he does not want to, or does not want his children to leave their native country, you have a problem on your hands (I think this is where you are at now)
No court will automatically give any parent sole custody based on no proof, and unless you can prove that he is unfit, you will have to deal with the possibility that you may not be able to bring your children here permanently.
If you and your girls are here in the US, take Mrowka's advice and have your present husband fill out and submit those forms. Be sure to remember that he needs to file a separate I-130 & I-485 for EACH of your daughters apart from yourself. How old is the autistic daughter?

 

[vvianmar]

first of all,thanks for your reply.
My daughters are here with me in CA. I also didn't understand why he wouldn't sing the papers for them since that way he was able to see them. he saud he was not in agreement with me bringing them to the US so that's pretty much his reason,makes no sense to me. Anyway, he is married now to an US citizen and lives in TX. he is doing his INS paperwork as far as I know. They ahave a child. I asked him last week (because he wants to see the girls) to either start sending cs for them and be really a father or sign for me to get full custody and pay nothing. I want this to be fair for the girls. In either way he could see them no problem since I want the girls to have a communication with their other family and have a healthy relationship with their father.
he already said He won't sign, and asked me how much I wanted. I said I couldn't answer that.
The thing is I am worried now because what if he files charges against me saying I took the girls from our country without his permission? He didn't want tme to but he knew all the time I was living. I even asked him if he wanted to know the date. I have residential custody of the girls but this is Mexico law. And during the time we were there he never took care of them or gave them CS. Was I supposed to wait til he was born a good father?
Please,do you think I have a case?

 

[Mrowka]

I cannot advise you on custody issue since I don't know much about it, but regarding the immigration issue, perhaps you should point out to him, that since both you and him now live in the usa, it makes no sense to deny your daughters legal right to reside in the same country as their parents. Maybe he does not realize how absurd it would be for him and you to have green cards but for your young daughters to be without status.

Have your husband file for both you and your daughters but find a family law attorney to settle the custody issue asap.

 

[phwl]

You should file those forms to get the ball rolling. Since you have residential custody which should be stated somewhere in your divorce, I don't think it will be a huge problem. I am going through a similar situation with my wife, and the issue of custody (regarding my step-daughter) has not come up. In the form, it will ask for a copy of your divorce papers, so be sure it has the custody listed there. I don't believe you need full custody to file for residency for them, unless there was some pending order against you bringing them to the US or something to that effect.

It sounds like you are asking your ex-husband to sign a release of his rights as a parent (giving you sole custody) and I don't think that will ever happen. I don't think he would object to the girls obtaining US permanent residency.

 

[vvianmar]

The reason I am thinking about asking for sole custody is because I've asked him already for his help to get the girls paperwork done,which means just his signature that will allow them get passports. He says no to that.The only ones being hurt here are the girls since they wouln't be able to travel.And even worse,my autistic child will not have services after the age of 18.
My husband and I have worked so hard to get this girl some help.And before anybody thinks we want things fro free from this country, let me just say that is not the case. Because of my husband's income we don't qualify for any kind of welfare.Not even lunch from school and my girls services from the state we have a co-pay besides private servises paid for us. If my ex is not taking care of any of this, why should he keep 50% custody?

 

[phwl]

Well, first things first..... Before you or your children can obtain a US passport, you must first become US permanent residents. When you have permanent legal status, you will also have the ability to travel and work. When you later get naturalized citizenship, you can then apply for a passport. Also, as a US permanent resident, your disabled child can get services. Disabled persons have wide ranging and far reaching resources for services and rights which protect and guarantee these services (my son is autistic) and which are actually guaranteed to them after 18 years of age.

File those forms.