custody of children

[warpedbored]

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?

Edited November 13, 2005 by warpedbored (see edit history)

[USCONGUZ]

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?

168319[/snapback]

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

[Guest pushbrk]

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?

168319[/snapback]

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

169987[/snapback]

At what point in the process is the documentation of custody etc. to be provided? To which entity?

[USCONGUZ]

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?

168319[/snapback]

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

169987[/snapback]

At what point in the process is the documentation of custody etc. to be provided? To which entity?

175319[/snapback]

USCIS might request this info earlier in the process, but for our purposes it is best to have it with you on the day of the interview unless otherwise instructed.

Edited December 14, 2005 by USCONGUZ (see edit history)

[Yuanyang]

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?

168319[/snapback]

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

169987[/snapback]

At what point in the process is the documentation of custody etc. to be provided? To which entity?

175319[/snapback]

USCIS might request this info earlier in the process, but for our purposes it is best to have it with you on the day of the interview unless otherwise instructed.

175738[/snapback]

Is there an 'expiration' time for the Father's signed, notarized release?

[USCONGUZ]

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?

168319[/snapback]

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

169987[/snapback]

At what point in the process is the documentation of custody etc. to be provided? To which entity?

175319[/snapback]

USCIS might request this info earlier in the process, but for our purposes it is best to have it with you on the day of the interview unless otherwise instructed.

175738[/snapback]

Is there an 'expiration' time for the Father's signed, notarized release?

175884[/snapback]

It's usually best if they are less than one year old, but if an applicant had an older one and a reason why they do not have a more recent one, it may be acceptable as well depending on the circumstances.

[Yuanyang]

Thank you USCONGUZ for your fast response.

 

I would expect that this document which includes the man's address would also fullfill any documentation as to the ex-husbands whereabouts as well. (Sorry if I'm off topic a bit here. If not, please post in "when is proof of ex's whereabouts needed?" the information, type of document(s), notarization, etc... that would satisify that question.)

[steveandrong]

Dear USCONGUZ,

 

I know you have tried to answer this question already, but i am still a little unclear about somethings. Seems each situation has its own little twist to it, so i will ask you now about my situation. My fiancee' has two children, 16yo daughter and 9yo son. Since the divorce 6 years ago, she has always had custody of the daughter. She has just recently (last spring '07) gotten custody of the son. She has the custody papers...the notarized fu yang quan...and has more recently gotten the household booklet which includes both the children now....my question to you is, will she need another paper from her ex to allow the children to come to here? or is the custody papers and the household booklet enough evidence for her to make the decision to bring the children without having to get the permission from her ex? As for her ex, he always seems to be on the move and is very difficult to reach for anything..going from job to job and city to city and has never really been a part of the childrens lives, having very very little contact with them...the son, prior to my fiancee getting the custody, lived with her ex-inlaws and the father only seen him maybe 1 or 2 times each year for only a few days each time and his daughter he has not seen or talked to in years....ok, i think i have given you all the information i can. i will be looking forward for your advise. Thank you.

[USCONGUZ]

Dear CFL,

 

It is difficult to give a categorical answer without seeing the documents referred to in this post, but a notarized legal document granted custody of a child to the immigrating parent would certainly be sufficient evidence of custody.

 

Sincerely,

USCONGUZ

 

 

Dear USCONGUZ,

 

I know you have tried to answer this question already, but i am still a little unclear about somethings. Seems each situation has its own little twist to it, so i will ask you now about my situation. My fiancee' has two children, 16yo daughter and 9yo son. Since the divorce 6 years ago, she has always had custody of the daughter. She has just recently (last spring '07) gotten custody of the son. She has the custody papers...the notarized fu yang quan...and has more recently gotten the household booklet which includes both the children now....my question to you is, will she need another paper from her ex to allow the children to come to here? or is the custody papers and the household booklet enough evidence for her to make the decision to bring the children without having to get the permission from her ex? As for her ex, he always seems to be on the move and is very difficult to reach for anything..going from job to job and city to city and has never really been a part of the childrens lives, having very very little contact with them...the son, prior to my fiancee getting the custody, lived with her ex-inlaws and the father only seen him maybe 1 or 2 times each year for only a few days each time and his daughter he has not seen or talked to in years....ok, i think i have given you all the information i can. i will be looking forward for your advise. Thank you.