Child custody

[Favor]

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?

Edited May 18, 2006 by Favor (see edit history)

[warpedbored]

Who does the divorce documents say has custody? You will probably need a notatorial statement from them saying they have no objection.

[david_dawei]

As I think Carl is suggesting.. start with the legal custody status (what's the divorce doc say), and not with their physical location... (unless there is a paper stating your parents have custody)

 

You need to establish legal custody of them... If it's not stated in the divorce decree as you having "full" custody, then you need to get a notarized statement to that effect. This might require the father to sign.. or I believe others have had a court approve the custody if the father cannot be found...

 

 

if time is of the essence, consider to hire an attorney or for advice...

[Favor]

Who does the divorce documents say has custody? You will probably need a notatorial statement from them saying they have no objection.

215955[/snapback]

The divorce document says he wants custody of the children. And in the judgement, it says that custody of the children would be discussed in the court chambers.

After that, my ex-husband didn't do anything about child custody. He went away and since then the children have been with my parents. Then I left my country for china. I'm a foreign K1 beneficiary China.

[yuehan123]

I agree with these guys. In addition, you must have a certified copy of the Final Judgement. What does it say? Maybe the answer about custody is contained there.

[warpedbored]

Sounds to me like you need to go to court to get it straightened out. I don't have a clue how such things are done where ever you are but In America since he has never followed through your chances would be pretty good you would get full custody.

[Favor]

Sounds to me like you need to go to court to get it straightened out.  I don't have a clue how such things are done where ever you are but In America since he has never followed through your chances would be pretty good you would get full custody.

215963[/snapback]

I'm worried because I don't know how this issue is going to affect my interview. I don't know where my ex-husband is and since I'm abroad, I can't file for the custody of the children from here.

I only got a divorce decree which talks about the dissolution of the marriage and that child custody would be discussed in the court chambers and since then, nothing was done. My interview is next week and there's hardly anything I can do within this short time span.

I need advice on how to put this issue of child custody straight if asked at my interview.

[Guest pushbrk]

Sounds to me like you need to go to court to get it straightened out.  I don't have a clue how such things are done where ever you are but In America since he has never followed through your chances would be pretty good you would get full custody.

215963[/snapback]

I'm worried because I don't know how this issue is going to affect my interview. I don't know where my ex-husband is and since I'm abroad, I can't file for the custody of the children from here.

I only got a divorce decree which talks about the dissolution of the marriage and that child custody would be discussed in the court chambers and since then, nothing was done. My interview is next week and there's hardly anything I can do within this short time span.

I need advice on how to put this issue of child custody straight if asked at my interview.

215967[/snapback]

I think you just did put it straight. You don't have legal custody of your children. It's not clear where your children are. You say with your parents but don't say where your parents reside. Will your children be with you at the interview? What are their ages?

 

It pretty much sounds like, if custody documents are requested, your children will not be approved for visas until after the custody issue is resolved.

[Favor]

It pretty much sounds like, if custody documents are requested, your children will not be approved for visas until after the custody issue is resolved.

215968[/snapback]

Thanks to your all. I'm in a foreign K1 beneficiary in China. I left my country immediately after my divorce. My children are with my parents in my country (not in China).

Since I do not have legal custody of my children, can I be denied K1 visa based this? This is what really bothers me.

Is the appoval for K1/2 same day even in case of follow to join?

[Guest pushbrk]

It pretty much sounds like, if custody documents are requested, your children will not be approved for visas until after the custody issue is resolved.

215968[/snapback]

Thanks to your all. I'm in a foreign K1 beneficiary in China. I left my country immediately after my divorce. My children are with my parents in my country (not in China).

Since I do not have legal custody of my children, can I be denied K1 visa based this? This is what really bothers me.

Is the appoval for K1/2 same day even in case of follow to join?

215972[/snapback]

Another member who had a step-daughter follow to join was handled in the same day.

 

I don't think there is a problem with you getting your visa solely because your children do not or because you cannot prove custody. Your K1 will probably be approved or not based on its own merits.

 

I asked about the ages of your children because it matters. Over a certain age and they must be present for an interview somewhere. Over 18 and you don't need custody. Over 16 and they must have police reports.

[warpedbored]

Most likely you will be approved but your children won't.

[Dean Hall]

Then I left my country for china. I'm a foreign K1 beneficiary China.

 

 

As Pushbrk says, you are not very clear about the facts.

 

What country are you from? Are you a legal resident or citizen of China.

[Favor]

I asked about the ages of your children because it matters. Over a certain age and they must be present for an interview somewhere. Over 18 and you don't need custody. Over 16 and they must have police reports.

 

 

 

 

My kids are 8 and 5.

Edited May 18, 2006 by Favor (see edit history)

[Favor]

As Pushbrk says, you are not very clear about the facts.

 

What country are you from? Are you a legal resident or citizen of China.

215979[/snapback]

I'm a legal residence in China. I got 3 years residency. And I got all the necessary documents I need for my interview including a Police Certificate. I just wanted to know the effect custody issues have on my KI Visa interview.

I'm silent about my country because I'm aware of the fact that this site is for wifes and fiance/fiancee(Chinese) of American citizens.

Thanks.

[Guest pushbrk]

As Pushbrk says, you are not very clear about the facts.

 

What country are you from? Are you a legal resident or citizen of China.

215979[/snapback]

I'm a legal residence in China. I got 3 years residency. And I got all the necessary documents I need for my interview including a Police Certificate. I just wanted to know the effect custody issues have on my KI Visa interview.

I'm silent about my country because I'm aware of the fact that this site is for wifes and fiance/fiancee(Chinese) of American citizens.

Thanks.

215982[/snapback]

At this point, I don't see that knowing your native country would make any difference here one way or the other. There is no reason why any issues with children who don't live with you will have any impact on whether you obtain a fiance visa for yourself.

 

I think your case will stand on its own merits. Without custody documents, there is nothing you can do to overcome any questions that come up on that issue.

 

What would concern me, if I were in your shoes is this. You and your fiance were unprepared for the custody issue. If you have other ommissions, documentation missing or preparation issue, they too will stand on their own merits.

 

If you're confident you are otherwise prepared then I would go in with a positive attitude and hope the VO does not ask for proof of custody.