Legal Question in Family Law in Texas
Moving to the U.S on L1 visa with kids
I would like to take up a job in Texas with our company and want my children to go with me.They are 12(Girl),9 & 4(Boys) years old.I am separated and the divorce is in progress.The children are with me since 2 years in U.A.E and the court in India knows that I have the custody of the children.I was asked to present the kids once and then returned back to me.The kids have told the court they want to live and study with me.Please advise if there will an issue when I apply for the children's visa to the U.S?I won't get any letter from my spouse allowing the kids to be with me though she knows they are happy with me and will get a good future.She is suffering from Paranoid Psychosis and has treated us cruelly in the past years.What do I need to do to make sure that there won't be any complications for our visas?Please advise.
6 Answers from Attorneys
Re: Moving to the U.S on L1 visa with kids
You will need to have an authenticated copy of a custody order from the India court in which the divorce is pending. Doesn't sound like you have that. Good Luck.
Re: Moving to the U.S on L1 visa with kids
You should apply for custody in the same court where divorce is pending. If you get the court order, there shouyld not be any problem
Re: Moving to the U.S on L1 visa with kids
apply for the custody where the divorce is being held so there would be no complications regarding the visa.
you may contact me personally for further guidance
Re: Moving to the U.S on L1 visa with kids
Only by the order of court
Re: Moving to the U.S on L1 visa with kids
If no case or proceeding regarding custody of children is pending,then there is no hassel to take children to Texas.After all you are the natural guardian of children.However,embassy may ask proof or order of court that custody of children is with you and if that is so, then you have to move necessary application in court where the divorce case is pending and can seek permission of court to take the children to Texas.In case of need you may contact me.Professional charges are applicable.
Re: Moving to the U.S on L1 visa with kids
You should make an applicatin to the court where your case is pending for divorce seeking permission to take the children to USA. You will need to persuade the court on the basis of your employment in USA; AND on the basis of admission of the children in a good school there. You need to disclose which city in Texas you are likely to reside and what kind of schooling you may be able to provide for your children. Keep in mind that your wife is entitled to maintenace on the basis of your status of living.
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