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Showing results for tags 'Custody'.
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Hello, I have a question concerning custody and approval for visa. My fiancé had a very difficult time getting divorced, but finally was able to do so under some unfavorable "conditions". Her divorce document says that her child will live together with her, her ex will pay her a pittance a month, and her ex has the right to visit the child 4 days per month. Her ex has steadfastly said he would never sign papers for the child to leave China, not because he cares for the child (he has gone a year at a time without seeing the child) but because he just wants to make her life painful. Our plan is to get married and then file for a CR1 visa in about a year. We've had a long relationship and should have no trouble with a spousal visa. The concern is with the child. Will the "4 days visit" prevent the child from getting a visa without the ex sign off? I know others have had success without sign off, but this wording obviously concerns us. -
Hey guys, This one is a bit convoluted, but it's for a friend who needs some help. I think the answer is to have him contact Marc Ellis or someone similar, and I might need that contact info for him. My buddy is married to a Chinese woman, and they are both here in the states. She claimed asylum, and then they were married. She has her green card now, and they are doing well. She has 2 daughters in China, who are living with friends of hers. They have been there for 3 years. She sends support to them constantly, and talks to them every day on video. Now that she has her green card, they are working to get her daughters here in the US. The daughters are ages 6 and 12. Within the last month, my buddy and her traveled to China to get the daughters their passports, so that they can work through the process. They have already submitted I-130's, and those are at the NVC stage. The problem here is that the friends now want $20 k for my buddy's wife to bring the girls to the US. They never let the mother see both of the girls at one time - in effect, they are holding the girls hostage for a cash payout. The mother has never signed anything giving these people the rights to her kids, but the kids have lived there for 3 years. Although they are well taken care of, they really want to be with their mom. No knowing the laws in China, my buddy is pretty confused, and doesn't know where to turn, so he asked me if I knew of anyone that could help. any ideas? My first thought was to get him in contact with someone familiar with the laws in China, and also familiar with immigration law in the US. To me, that would probably be Marc Ellis or someone similar. -
So I've been using this site and Visa Journey to help with 129F that is approved and now being sent to Guangzhou. It's been the difference between me doing it the right way or the wrong way, So thanks to all! My question is because I can't seem to find a definite answer searching everywhere. My fiancée has a letter from the court showing she has full custody of her daughter. Getting a letter from her ex may cause trouble even though he divorced her because they had a daughter and not a son. (The daughter is now 10) So is the court order enough to bring the daughter with the mother to the U.S.? -
I am trying to get my fiance here on a K-1 visa. My chinese fiance and her oldest daughter were never issued birth certificates. How do they go about getting them issued? Also, the father has legal custody of the youngest daughter. He has stated that the youngest daughter can come to America. According to the K-1 requirements, all he has to do is sign a notorized letter stating that he is letting her come to America. Is there anything else? -
My friends. My fiancee has full custody of her 12 year old son but the custody agreement says that his dad can see him. Below is the translation of the custody agreement that my fiancee sent to me just now: "the mother XXX XXXX is hearby granted full of custody of minor son XX XXXXX (son). Child Visitation the father can visit his son any time, but can't impact the son's study and life. the father will give the mother advance motice of any visits. the mother can't refuse his visit without a proper reason. on spring festival or holidays, if the husband wants to take the son away, he must get the wife's agreement." She wants to bring him here with her when we get our K1. Is this custody agreement enough or does she need approval from his biological father (who barely sees him at all)? Thanks for your help everyone
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Dear CFL Community, my wife and I need some advice about proof of custody. I have petitioned for the CR1/2 visas for my wife and stepdaughter (age 4). We are getting the required documents ready for the GZ interview. We have the official notary translation of my wife's divorce decree custody terms. The notary translation of the divorce decree is pretty simple: "... this is to certify that DAUGHTERNAME (female, born on BIRTHDATE), daughter born of MOTHERNAME and FATHERNAME, shall live with her mother MOTHERNAME from DIVORCEDATE." Is this enough evidence of legal custody for the CR2? We have asked the birthfather to sign an approval letter and he has refused to discuss it. He does not answer phone calls or respond to sms from my wife. We have asked a family law attorney from a firm recommended by the BJ Embassy to help us. The lawyer offered to write a letter of explanation that "shall live with" = fostering right = legal custody. Has anyone else run into this issue? We are continuing to try to get the birthfather to sign an approval letter but it seems he is refusing to address the issue. We are pretty stressed out about this, running out of options and not sure if this notary translation will be enough to satisfy the VO. Any help would be greatly appreciated. Thanks!
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What if the father adopted the daughter, does he need to file an N-600? What if the wife is not naturalized yet? Carl
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My mother accompanied my son to interview this morning. They were told the custodial paper (Agreement in Chinese and signed by me and my ex, as part of the divorce decree) shall be notarized and mailed to the address(...). Can I go to a notary office in Guangzhou and have an express service to have the agreement notarized, then mailed to the required address? How long will the notary take? Does my son need to go to the Consulate again? How shall he get his visa? I'm totally lost. This is not what we had expected. Appreciate any advice. Waiting on line.
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My understanding is that a father's consent form is required for K2 visa. I have gone back and forth with my fiance regarding the need for the form and wether to hire a visa consult company in China versus hiring an American Immigration attorney. She agreed to hire the immigration attorney but the attorney reviewed her divorce decree and stated it was sufficient for the k2 without father's consent. Originally the Consult company stated no consent was necessary (which is why I wanted to hire the attorney) but now they say we need father's consent. Reading the USCIS website I believe father's consent is a document necessary to secure a K2 visa even though the site states that under certain custodial circumstances it's not necessary. According to my fiance, "In China, there are two kinds of divorce. The first one: the man and woman reach an agreement of divorce. They sign a Divorce Agreement which also includes child custody in the civil administration department. The agreement will take effect with a special seal of civil administration department. Such kind of Divorce Agreement has force of law, without need of any legal document from the court. The second one: if the man and woman can¡¯t reach an agreement, then they will go to court to let the court adjudicate their divorce. The court will show one document of divorce, in this document, the child custody is also defined. My divorce is the first kind of divorce. When I divorced with my ex-husband, we signed a Divorce Agreement and we also reached an agreement of the custody of our child." The consult company also said that the consent form is not required when filing the visa application but should be brought to the interview. I told my girl that without the consent form submitted with the application she will never be awarded with the interview. The relevant parts of the divorce decree are, "Custody of The Child: 1.The Woman has the custody of the child 2.The child will live with the woman and be raised by the woman before university graduation. 3.During the period the child lives with the woman, the man has the visitation right. But the man can only bring the child for one daytime weekly, he can¡¯t stay with the child at night. 4. In any case, the man can¡¯t bring the child secretly without the woman¡¯s permission. I divorce of my own accord, totally agree with the arragement of this agreement without different views. If false, I would like to undertake the corresponding legal responsibility. Chengdu Qingyang District Bureau of Civil Affairs The attorney's response, "Your divorce court order should be sufficient to evidence your custody of your child." This concerns me because it's not a court order but a divorce decree from the District of Civil Affairs i.e. Civil Administration Department. I'm seeking a second opinion and I will error on the side of caution by getting the father's consent. She has custody but the father has visitation. My girl's opinion is that since she has custody she does not need the father's consent. The USCIS website states that this may be a possibility. I hired an attorney because of the child custody issue and to resolve any misunderstanding between my fiance and myself. Now the attorney's judgement concerns me which my fiance then used to bolster her argument for a Chinese visa consult company. Now I'm thinking of hiring the consult company because their current position is that father's consent is needed. She has agreed to secure this document. Does anyone on this website have any useful experience relevant to the requirement for father's consent that could be helpful to my situation? Thanks David
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My wife went for her interview yesterday. Everything was fine with one exception. She needs a Custody document saying that her son is indeed hers from the Chinese Government. After she provides this document she will have pink the VO said. The problem is she gave birth out of wedlock in South Africa so there was never a divorce proceeding and custody was not defined. The father was not on any of the legal birth documents and she is not in contact with him for 7 years. In Chinese law, can she have Custody declared to her by default? Or Any other suggestions would be great. My wife does not trust attorneys in China but if anyone knows an honest one in Shanghai they can recommend I would be greatful. Thanks,
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I am a chinese woman live in Beijing. I married an american citiazen this year. I never got married before my present marriage.,this is my first marriage. But I have a son who is 7 years old now. My son is a illegitimate child. When my son was bron he live with me together , I raised him by myself. I have a judgement from the court which prove that I have the full and sole custody of my son, and my ex-bf dont pay for us. My ex-bf gave up the guardianship of my son from years ago . He didnt pay for us and he will not pay for us . We have an agreement in 2005, the agreement shows : he gave up the guardianship of my son and he let me to be the only guardian of my son, all guardianship responsibily for my son in future is not related to him..... The court had confirmed this agreement and wrote it in the judgement. Now i had noterized this jugement already. Now My husband in america is preparing to apply the visa cr1 for me and the visa cr2 for my son. My son has a passport and he has the legal registered permanent residence with me together. Base on my situation, is the judgement is enough for us? do I still need a letter from my ex-bf that show he agree with me to take my son to out of CHina?
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my fiancee has been divorced since her daughter was 2 years old and have lived in another city from her father all her life. my question does she need a letter for permision to leave China from him. he has never had custody of the daughter. daughter is now 18 years old.
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If, my wife's exhusband is dead does my wife need proof that she has custody of her child?
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http://candleforlove.com/forums/index.php?showtopic=13959 I found this in the search but a few questions. Yan's ex has custody. Her son is 15 .We would like to file for him soon. From reading this all that is needed is a letter noterized granting permission for her son to immigrate to the United States from her ex. Is this correct. Will we need several copies? If someone has gone through this process what is the best way to proceed. I understand I have to file as a step father and it will take about a year. Yan has read on 001 that she needs to go to court in china and get custody in her name . This is not what I am reading here. What other legal papers will be needed. She must return to GUZ with her son at interview time correct . This is her plan anyway.Then bring her son here from GUZ. What about transcripts from highschool. ? Things like that. -
When accompanying children, K-2 or K-4 are involved often the father has been absent for some time and not been a part of the childs life. Sometimes the father is nowhere to be found. In cases where the father is not able to be found to sign a statement giving permision for the child to accompany the beneficiary Just what is required? One petitioner in particular asked what is needed in the event the mother has never married and the father dissappeared a long time ago. In some cases the father tries to extort large amounts of money from the petitioner. Also if the K2/K4 is between the ages of 18-21, has a passport, and is unmarried is permission from an absent father necessary even if divorce papers indicate he has custody?
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My wife's ex-husband has custody of her son, but he has said now he will let her son come with her. I have already sent NVC the I-864, what should I do now to get this fixed? It does not affect the financial part of it, I am still over the %125 with the three of us, but I need to make these changes to the I-864 as when I sent them we were under the impression her son would not be coming with her and I filled it out with only her on it. I'm calling NVC now, but was hoping someone had gone through something similar and could give me some idea of what to do next. Do you think it is as simple as an explanation and resending them the corrected forms, or will I need to repay the fee bill as well? Thanks in advance for any help you can give! Steve -
Today on my lunch break I got a call from Guangzhou,an officer asked me why I didn't send forms for K2 to them,I explained I don't have my son's custody,he asked me to prepare a paper both in Chinese and English to explain the situation and bring it with my divorce paper to interview.my questions are: does my ex husband need write something to claim he has the full custody? does it need to be notaried?
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Will a K-1 visa beneficiary be required to submit a birth certificate for their child if the beneficiary does not have custody of that child and will not be taking that child with them when they immigrate to the United States? Thank You, Richard
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In a situation where a K1 beneficiary with a child doesn't have a legal child custody; the child's name was included in the petition(I-129F) and the beneficiary indicates that the child will "follow to join" at a later date (probably to allow time to deal with legal child custody). How does this affect the benefiary viz-a-viz their K1 Visa? Put differently, can that be a ground for K1 Visa refusal?
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What is my fate at the K1 interview if I do not have custody of my children. Neither me nor my ex-husband has the custody of our children. My children have been with my parents since we divorced. And they are included in my application. I want them to do follow to join. I really don't know what to do and say about this issue if faced with the question of custody. Won't it be a problem that they're in my K1 petiotion and I have no proof of their custody? I've been scheduled for interview. Will this issue not delay me?
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I hope someone here have an answer for me and my wife. My wife's interview is coming soon and this is the only paper that we still don't have cause the deabeat father does not want to sign. For those people who marry a single mother or have a fiance who is a single mother, do you need to have the deabeat father to sign a declaration for the child to immigrate to the USA? Since the deadbeat father has not provide any kind of support for living and caring expense and the child was listed as belong to the government before I married my wife, do you think it is necessary to have the child be declare?. My wife don't think she can get the court to give her sole custody. Help is needed, thanks.
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Dear CFL Members, If one birth parent or legal guardian of a child is planning on taking a child (any minor under the age of 18) to the United States, and the other parent or legal guardian of the child is going to remain behind in China, they must be prepared to show that there is no legal impediment to the child leaving the country. This can be demonstrated by showing who has custody of the child. Divorce agreements in China usually list who has legal custody of children. The birth parent staying in China can also provide a notarized statement saying that they are aware that the child plans to immigrate to the U.S. and that they agree with their immigration. These are the most common methods of demonstrating that there is no legal impediment to the child immigrating to the U.S. Sometimes, for whatever reason, neither of these documents can be obtained. These situations are dealt with on a case by case basis. Sincerely, Immigrant Visa Unit, U.S. Consulate, Guangzhou, China nice response but what about those that never been married and the child father not around? what prove is needed?
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I am in Guangzhou with my fiancee. Her interview is the 12th. I say that the Consulate will want some documentation that indicates her former husband has relinquished parental rights or has give permission for their child (9 year old daughter) to immigrate to US. She argues that there is no mention of this in the Consulate's request for information... Who is right? If it is me, what information will suffice as proof? Thank you for all of your help... John Oman JohnOman@goals.com
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My wife has custody of her daughter, but has not seen her ex husband in many years... any potential problems with the 15 year old immigrating with her mom? She has passport....
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While reading through FAQ's about questions to Beneficiary in the interveiw, it brought up a concern in my mind. My SO was divorced 11 years ago when the daughter was 2. The ex husband abandoned them both and has never made contact or provided any support since the divorce. However, when I look at the divorce certificate, nothing is stated about custody of the child, which I find strange. The other problem is the ex husband has moved far away and noone knows his whereabouts, in order to reach him. Who knows if he would cooperate or not if we did know where he is, since he's not exactly the most responsible person on the planet. Because of the long term abandonment by the father, my SO changed her daughters family name to her family name and had a new official birth certificate issued, plus another official document indicating the daughter had used a different name previously, the ex husband's family name. Problem is, I don't see anything that officially states that my SO has full custody of the daughter in any of the official documents she has sent me. The daughter has a passport also with the new family name. Don't know if there is a statute of limitation in China that could be used to award custody by default or not, given it has been 11 years since last contact. If anyone has had similar experience with this type of situation or has knowledge or advice that could give me some options to pursue, I would greatly appreciate it. I sure don't want to get to the late stages of the process or interview and find out this is a problem. We have lots of time now, since we are very early in the process, so I would like to understand what to do now, so my SO can work on getting this fixed.
