Permission from long lost father to bring her child?

[jhammer]

My Weiwei is wondering if she must get some written permission from the father of her 16 year old daughter to come to America.

 

She has not seen, nor does not want to see this person again and doesnt know where he lives since it was over 12 years ago she divorced and last saw him.

 

Any ideas ?

 

Thanks!

[credzba]

Does her divorce show her as the child's guardian? if so then no problem.

If the divorce grants equal legal custody, then you may have a problem.

 

If you file I-130 (yet another I-130 benefit ) your wifes visa can be approved independent of the daughters visa.

 

If you receive blue slip for the daughter because of this, then you can go either find the ex, or get a lawyer to help you prove that the ex is not able to be found, has deserted the daughter.

 

 

Of course nothing anyone says to you can be definitive. The truth is you must decide how much risk you wish to take at the interview.

 

Take heart though, even if they ask for this note, it is only a delay, not a refusal of the visa.

[jhammer]

This is K1 I-129F filing,

...well, not sure she has any thing to show about that divorce because when she re-married, she turned in her divorce paper - which apparently is some sort of little booklet or something - and the government recycles them - or did at the time, which is my other concern since she doesnt have a divorce certificate for this first marriage , only second one, but I have already asked about that.. maybe it comes back in this issue.

 

One other question we wonder, but I was pretty sure I knew the answer is, will her daughter (16 yrs old ) need to be in the interview with her mother ? Separately ? or like my fiancee hopes - not at all ?? Actually this question about permission is something she wishes to keep private even from her daughter. Ouch, but I think I can guess that one.. just want to be sure for her.

 

I think I should ask Weiwei if her 2nd husband is considered legally her daughters father.. maybe we are overlooking something.

 

Thanks!

[Shenzhen K-1]

This is K1 I-129F filing,

...well, not sure she has any thing to show about that divorce because when she re-married, she turned in her divorce paper - which apparently is some sort of little booklet or something - and the government recycles them - or did at the time, which is my other concern since she doesnt have a divorce certificate for this first marriage , only second one, but I have already asked about that.. maybe it comes back in this issue.

 

One other question we wonder, but I was pretty sure I knew the answer is, will her daughter (16 yrs old ) need to be in the interview with her mother ? Separately ? or like my fiancee hopes - not at all ?? Actually this question about permission is something she wishes to keep private even from her daughter. Ouch, but I think I can guess that one.. just want to be sure for her.

 

I think I should ask Weiwei if her 2nd husband is considered legally her daughters father.. maybe we are overlooking something.

 

Thanks!

 

14 and above need to be there!! B)

 

I will tell you how it goes in about 21 days!! B)

 

We knew where the ex was and he signed and notarized a paper saying Mother can take her to the USA!

 

 

Good Luck, sticky problem..........

[warpedbored]

My wife's notarial divorce decree had all the info about her divorce and custody issues of her child.

[LeeFisher3]

Your fianc¨¦e should visit the Marriage Office first if there is a question about the divorce decree(s), they should be able to provide information on this that she can take to the Notary Office to have both divorces documented. I would bet that her household book provides for custody, but check with the Marriage Office to be sure. The odds are the daughter is listed in her household book

 

 

 

If custody is shown permission from the ex is not requested as the parent with full custody is not required by China to get permission for anything.

 

 

When she visits the Notary office be sure to get 3 copies of each divorce document, including the divorce decrees. You should also take this visit to get the Notary Birth records for both fianc¨¦e and daughter, again 3 copies of each. None of these expire and you will need 1 to surrender to GZ and the others you need to bring to the US for future use, it's a long trip back to China to get a replacement.

 

Only get one copy of the single certificate as it will expire and you will need to get it again before the interview.

 

Don't bother with the Police certificates, for both of them, until you receive P-3 and you will want to get the single certificate again at that time for mom..

 

As for the interview, ALL children must be present at the interview. GZ does not often make this optional, if at all. Not to worry, they usually will ask the child one or two questions and then have them go back to their seat while they conclude the interview with mom.

Edited February 22, 2008 by LeeFisher3 (see edit history)

[rogerinca]

Your fianc¨¦e should visit the Marriage Office first if there is a question about the divorce decree(s), they should be able to provide information on this that she can take to the Notary Office to have both divorces documented. I would bet that her household book provides for custody, but check with the Marriage Office to be sure. The odds are the daughter is listed in her household book

 

 

 

If custody is shown permission from the ex is not requested as the parent with full custody is not required by China to get permission for anything.

 

When she visits the Notary office be sure to get 3 copies of each divorce document, including the divorce decrees. You should also take this visit to get the Notary Birth records for both fianc¨¦e and daughter, again 3 copies of each. None of these expire and you will need 1 to surrender to GZ and the others you need to bring to the US for future use, it's a long trip back to China to get a replacement.

 

Only get one copy of the single certificate as it will expire and you will need to get it again before the interview.

 

Don't bother with the Police certificates, for both of them, until you receive P-3 and you will want to get the single certificate again at that time for mom..

 

As for the interview, ALL children must be present at the interview. GZ does not often make this optional, if at all. Not to worry, they usually will ask the child one or two questions and then have them go back to their seat while they conclude the interview with mom.

 

 

Yes !! And an A+ response from Lee !!!!

[jhammer]

Yes !! And an A+ response from Lee !!!!

 

 

WOW !!!!!!!!!!!!!

 

Thanks !!!!!!!!!!

 

Thanks, LeeFisher3 -

 

I am much relieved to hear this.. She is originally from Inner Mongolia, which is like a 20 hour difficult trip to make for her ( also location of first marriage/divorce) . If we can avoid her going there for uncertain outcome, we will, and I will suggest we go with what she has and can get from her current "hometown" offices and that we get this I-129F thing off the ground.

 

I really appreciate it !!!!!!!