Custody Question

[david_dawei]

I'm trying to get this information for someone here in china..

 

For a chinese woman to bring a son for immigration purposes, and let's say that the divorce resulted in a statement that the father had custody.

 

1) Is an actual court action of custody transfer to the mother required?

 

2) Is it enough to simply get a [notarial] statement from the father ?

 

3) Any statement from the father: does it have to have language suggesting he relinquish his custody rights or simply says an agreement to let the child immigrate with the mother?

 

Maybe some example letters would be helpful too...

 

thanks for any response.

[LeeFisher3]

I'm trying to get this information for someone here in china..

 

For a chinese woman to bring a son for immigration purposes, and let's say that the divorce resulted in a statement that the father had custody.

 

1) Is an actual court action of custody transfer to the mother required?

 

2) Is it enough to simply get a [notarial] statement from the father ?

 

3) Any statement from the father: does it have to have language suggesting he relinquish his custody rights or simply says an agreement to let the child immigrate with the mother?

 

Maybe some example letters would be helpful too...

 

thanks for any response.

The consulate has not required a change in custody per se. I have been told of the ex spouse writing a letter giving permission for the child to go with the mother to the US. If possible having it done at the Notary office should make it a slam dunk because of the credibility of the Notary in China.

[Yuanyang]

I'm trying to get this information for someone here in china..

 

For a chinese woman to bring a son for immigration purposes, and let's say that the divorce resulted in a statement that the father had custody.

 

1) Is an actual court action of custody transfer to the mother required?

 

2) Is it enough to simply get a [notarial] statement from the father ?

 

3) Any statement from the father: does it have to have language suggesting he relinquish his custody rights or simply says an agreement to let the child immigrate with the mother?

 

Maybe some example letters would be helpful too...

 

thanks for any response.

The consulate has not required a change in custody per se. I have been told of the ex spouse writing a letter giving permission for the child to go with the mother to the US. If possible having it done at the Notary office should make it a slam dunk because of the credibility of the Notary in China.

My wife had 'joint' custody and she was asked for the father's permission. She had a notarized and translated document from the father giving that permission. (I promise to find the English translation and provide it.) BTW: There is no wording in this document about the father relinquishing any of his custodial rights; simply permission for the child to immigrate to the USA with her mother.

 

David presents a case where the father had full custody and is now giving the custody to the mother for immigration purposes. I don't know the impact, if any, of that added twist.

[LeeFisher3]

David, in the new letter to K-1/K-2 applicants, that has been sent to Don, they cover this in the Submit these items during your interview section:

 

For applicants 17 years old or younger, documents showing that the principle applicant has legal custody of the child, or a notarized statement from the parent who has custody giving permission for the child to immigrate to the U.S. Only children with divorced parents need to submit this document.