Spouse with partial custody

[latinspanish]

Hi Experts,


I am going to apply for the EE in a few weeks. I am currently married and my spouse has a child with "shared" custody. If I do get selected I am aware I required to submit a form signed and notarized by the parent who is not traveling, in this case the child's father and the problem that we are facing is that we cannot get in touch with him for over 6 months.

With that said, is it advisable to state my application my spouse is "not accompanying me" and use above for the reasons why and then apply for them when my wife gets full custody whether by court or father (this could take up to a year and half worst case scenario).

Are they other alternatives?

Thanks in advanced

 

[yelena]

I had the exact same situation.
there are no alternatives. You cant include them at this point. You will be able to include them after the legal custudy issue is resolved.

 

[latinspanish]

I had the exact same situation.
there are no alternatives. You cant include them at this point. You will be able to include them after the legal custudy issue is resolved.

I have no choice but to go alone if I am selected. Thank you Yelena.

 

[yelena]

Be careful how you present this to cic, as you dont want it to sound like you are abandoning your child and by all means start the necessary legal actions to get sole custudy!

 

[susana]

I have no choice but to go alone if I am selected. Thank you Yelena.

This is a very delicate situation, be careful.

 

[latinspanish]

I should have added more details, I am the principal applicant and my wife is the one who will attempt to get custody. We will celebrate one year of marriage next month. She agreed for me to go first. Not sure how cic will look at this situation.

I think I should seek an immigration lawyer for advise before I apply.

Thanks again

 

[yelena]

well, you can ask for legal advice, but I think you might not need it.
You have valid reason for leaving your spouse and her child out of the application, because you dont have the neccesary legal presumptions to include her child in your application, and since you can not leave her child behind, it is logical she will stay behind aswell.

Just have her start the court procedure in the meanwhile.