Coming with Child

[HanLi]

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....

[tywy_99]

I see you have already filed an I-130 for the daughter. I'll rearrange my post.....

 

That being the case; she has a passport and it can be proven that the mother has full custody, then there shouldn't be any problems at all.

Edited September 25, 2005 by tywy_99 (see edit history)

[tywy_99]

I see you have already filed an I-130 for the daughter.

156658[/snapback]

...or did you?

 

You mention I-864, P3/DS-230, etc. for CRI and CR2 but you only make one mention of an I-130.

 

Just asking...

[HanLi]

I see you have already filed an I-130 for the daughter.

156658[/snapback]

...or did you?

 

You mention I-864, P3/DS-230, etc. for CRI and CR2 but you only make one mention of an I-130.

 

Just asking...

156663[/snapback]

I have filed everything for her also..... however her mother will not talk of her ex husband so hard to determine if she has the full custody, how can I find that out, would it be in her divorce documents?

[tywy_99]

I see you have already filed an I-130 for the daughter.

156658[/snapback]

...or did you?

 

You mention I-864, P3/DS-230, etc. for CRI and CR2 but you only make one mention of an I-130.

 

Just asking...

156663[/snapback]

I have filed everything for her also..... however her mother will not talk of her ex husband so hard to determine if she has the full custody, how can I find that out, would it be in her divorce documents?

156666[/snapback]

It should be in her divorce decree. You might want to find this out. If the custody isn't stipulated in the decree and there isn't any way to get in touch with the father or if he just doesn't care or wants to cooperate, then sworn affidavits from family and friends stating that the child lives with her mother might be needed. This should work but hopefully not needed.

[bubbafred10]

The custody MAY OR MAY NOT be in the divorce document. For the marriage and the visa application, there shoudl be a translated and notarized divorce document. If the custody is not stated in the divorce document, then she doesn't have custody. If so, then she needs to go to Court and get the full custody. This could be tricky because them men in China could be very intimidating to their ex's. Maybe that's why she is afraid. I know, because my laopo's ex did try to intimidate my laopo this summer, but my laopo was very strong and told him to bug off and reported it to the police station.

 

Heck, that dead beat dad never even bother to call and talk to my stepson for almost a year, since my laopo gained full custody last November. My stepson was beaten when he "stayed" with the dead beat dad. My laopo's family paid for the food and schooling and clothes. The dead beat dad never paid a dime, except abused my stepson physically, as punching bag. My laopo knew because when she regained custody, she saw the blue and black marks all over the boy's body. My laopo was in tears when she saw and realized the abuse that the boy endured. She knew what it was, and the pain, because she herself was physically and mentally abused during that marriage. Yep, China's divorce court favors the men. Particularly in this case, when the wife filed for divorce and the husband did not consent to the divorce. So she lost all and had nothing - not even a penny of her money. She is and has been a school teacher and had used her income to provide for daily expenses including clothes and food. But she got nothing, i.e. no resolution on the finances. She could not get custody of her son at time of divorce. She had to go back, three years after divorce, to get full custody from the Court.

 

Heck, as soon as the boy was reunited with his mother, he doesn't even care (even scared to encounter him) about his bio dead beat dad. He already accepted me as his dad, and even wrote his new name (Aaron) in his school books.

 

As tywy_99 stated, "sworn affidavits from family and friends stating that the child lives with her mother might be needed". Furthermore, the affidavit should note that she and she alone (or her family) has provided financial support and home for the daughter for all these years after the divorce. This will be a big issue at the GZ Consulate, not at NVC.

 

Wait till my laopo gets her visa and arrived here in US. My laopo can then call to talk to your wife. She can talk your wife to stand up for her rights. My laopo is a good persuader. And I have cheap calling card at 2.2 cents per minute from US to almost anywhere in China. I'll keep be in touch then.

Edited September 25, 2005 by bubbafred10 (see edit history)