NewDay2006 Posted April 29, 2006 Report Share Posted April 29, 2006 To clairify, this is for permission or consent from the ex husband for the son to come to the US with his mother once we marry. I think I know what needs to be in the letter, but does it matter if he writes it before we marry? I'm trying to have all of the papers ready when i arrive in June. does anyone have any personal knowlege and experience in this? Link to comment
jim_julian Posted April 30, 2006 Report Share Posted April 30, 2006 We have some experience with this but my step-daughter-to-be's birth father refused to cooperate and asked for a very large bribe for his consent. The first question is who has custody ... if it is your fiancee then there is no problem. If the father has or shares custody his permission is needed if the son is below the age of 18. I'm not sure of the exact form but I would think a Chinese Notary could help your fiancee with this. Notaries in China are very different from notaries in the US. Unless someone here has direct knowledge of exactly how to do this a Chinese Notary is your best bet to get a consent document prepared and translated for the birth father to sign. Link to comment
Yuanyang Posted April 30, 2006 Report Share Posted April 30, 2006 Although my wife has full custody we still obtained a statement from her ex-. Basically it acknowledges that the child is moving to the USA with the ex-wife. Have that statement notarized. Link to comment
Michael and Manyun Posted April 30, 2006 Report Share Posted April 30, 2006 Although my wife has full custody we still obtained a statement from her ex-. Basically it acknowledges that the child is moving to the USA with the ex-wife. Have that statement notarized.211079[/snapback]On the other side of this is the problem we might encounter. My SO has full custody of her daughter. Her ex-husband has no knowledge of our intentions, and will not know that they are gone until the move has happened. He is a very viscious and hurtful man, has no interest in his daughter, and was abusive. IN MY OPINION, if the ex doesn't need to know, leave them out of the picture entirely. They can do a great deal of harm, physically and emotionally. Link to comment
Redsunset52 Posted May 4, 2006 Report Share Posted May 4, 2006 If your SO has legal Chinese custody I would not worry about it , the form from a Chinese notary office will be sufficient. Link to comment
lostinblue Posted May 4, 2006 Report Share Posted May 4, 2006 if my understanding is right,if fiancee has full custody she still needs a notarized statement from her ex husband? Link to comment
LeeFisher3 Posted May 4, 2006 Report Share Posted May 4, 2006 if my understanding is right,if fiancee has full custody she still needs a notarized statement from her ex husband?212359[/snapback]According to GZ you can provide divorce documents showing custody, a letter from the EX or both. While having both is nice, they do understand that it may not be possible. http://candleforlove.com/forums/index.php?...ST&f=25&t=13959 Link to comment
warpedbored Posted May 4, 2006 Report Share Posted May 4, 2006 This is a gray area where a lot of it depends on the VO. The consulate is sensitive about child custody cases as well they should be. If for instance one of our ex's wanted to leave the US with your child you could object and stop the child from leaving even if your ex had custody. You still have visitation rights. Why would you expect China to be that different? If in doubt get permission from the father. Link to comment
SmilingAsia Posted May 4, 2006 Report Share Posted May 4, 2006 As far as I know, if your SO has the custody of the kid, no need of anything from the birth father. Need to make the document (which states SO has the custody) in clear English. Only when SO failed to convince VO she has the custody of the kid, VO may ask a statement from the birth father. Some stupid birth father asks for compensation for letting his own child to immigrate. In this situation, I suggest:1. Never show your eagerness to bring the kid. Get some relative or friend to reason the birth father - let him choose the future of his child.2. Be patient. Before the kid reaches 21, you can get him/her to America.If the kid reaches 21 and stays single, his/her mother can file petition for him/her to immigrate once the mother gets naturalized.I have observed the EX, ex-in-laws, they gave up at last. I really think those stupid men have lost the face of Chinese for demanding compensation for letting his own child to immigrate. Link to comment
NewDay2006 Posted May 4, 2006 Author Report Share Posted May 4, 2006 (edited) I don't think there will be a problem. the man is not a part of his life. the boy is 14 and they do not even acknowledge each other much. I thnk it is sad for my future son. I only hope I can become a positive role model in his life and a good friend. the father lives in another city and the mother has talked to him already. I guess, he would need to write the letter stating he understands his son the will leave. My thought is that the letter will have to be notarized and and translated to english. To verify this, I guess I need to call USCIS. Edited May 4, 2006 by NewDay2006 (see edit history) Link to comment
Guest pushbrk Posted May 4, 2006 Report Share Posted May 4, 2006 I don't think there will be a problem. the man is not a part of his life. the boy is 14 and they do not even acknowledge each other much. I thnk it is sad for my future son. I only hope I can become a positive role model in his life and a good friend. the father lives in another city and the mother has talked to him already. I guess, he would need to write the letter stating he understands his son the will leave. My thought is that the letter will have to be notarized and and translated to english. To verify this, I guess I need to call USCIS.212519[/snapback]I'm not sure what you think you need to call USCIS about. If you provide any Chinese document to GUZ, it has to be a notarial translation. USCIS has NOTHING to do with your case after it goes to NVC. If your wife has a document showing she has custody, get a notarial translation of that instead. Anything from the non-custodial parent is "insurance" but attempting to obtain it can screw you up royally unless you're sure he will agree. Link to comment
Yuanyang Posted May 5, 2006 Report Share Posted May 5, 2006 This is a gray area where a lot of it depends on the VO. The consulate is sensitive about child custody cases as well they should be. If for instance one of our ex's wanted to leave the US with your child you could object and stop the child from leaving even if your ex had custody. You still have visitation rights. Why would you expect China to be that different? If in doubt get permission from the father.212364[/snapback]In fact China along with the USA and many other nations are party to an international agreement that prevents parental kidnapping from their respective nations. Link to comment
Rakkasan Posted May 5, 2006 Report Share Posted May 5, 2006 In fact China along with the USA and many other nations are party to an international agreement that prevents parental kidnapping from their respective nations.212677[/snapback]To bad the US courts do little to prevent parental kidnapping within our borders. Link to comment
warpedbored Posted May 5, 2006 Report Share Posted May 5, 2006 Here is a link to what GZ has to say on the subject.http://candleforlove.com/forums/index.php?showtopic=13959 Link to comment
pkfops Posted May 5, 2006 Report Share Posted May 5, 2006 Better listen to Carl. He's one of our top guyson CFL. Link to comment
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