We need help from you...

[amanda1969]

Hello, all

I have been getting much help and understanding from CFL. I am so grateful for those who has answered my questions!

My husband and I are getting ready for application for visa. I have done my son and my notarial certificates. But what we concern is this notary:

 

 

NOTARIAL CERTIFICATE

 

This is to certify that xxx(my name,female, born on month,date,year. ID card No:xxxxxxxxxxx) is the biological mother of xxx(my son's name). According to the "Civil Law of P.R. China" article 16, xxx(my name) is the legal guardian of minor xxx(my son's name).

 

 

 

 

This is the notarial certifate that notary office offered me. But we are not sure if this is enough for application to show that I have right to let my son move to USA with me. My husband and I both want to hand in paper work without any errors even though preparation would take some time.

please answer our question if you know this.

Thanks again!

 

My husband called me on my cell and I told him this situation this morning(USA time). He let me post our question because there are so many warm-hearted and kind people on CFL. I can't live without my husband and my husband and I can't live without friends from CFL.

 

 

Amanda from China

[Guest Mike and Lily]

Question 1:

 

Has your son's father given his written permission for you to take your son to the USA?

 

Quesiton 2:

 

Did you go to the GongzhengChu ¹«Ö¤´¦ for the notorial certificates and the translation?

[Guest Rob & Jin]

looks good to me

[amanda1969]

Question 1:

 

Has your son's father given his written permission for you to take your son to the USA?

 

Quesiton 2:

 

Did you go to the GongzhengChu for the notorial certificates and the translation?

Question 1:

No, not yet.

Question 2:

I went to HEILONGJIANG ¹«Ö¤´¦ for notorial certificate and the translation and got them.

[Guest Mike and Lily]

Question 1:

 

Has your son's father given his written permission for you to take your son to the USA?

 

Quesiton 2:

 

Did you go to the GongzhengChu for the notorial certificates and the translation?

Question 1:

No, not yet.

Question 2:

I went to HEILONGJIANG ¹«Ö¤´¦ for notorial certificate and the translation and got them.

 

The notorial certificate should be good then, but permission from the father is essential. Good luck!

[Sebastian]

In your divorce certificate,there should be wording about 'fostering' of the child. What's it say?

 

The 'fostering' paragraph in a Chinese Divorce Certificate covers the 'guardianship' of the child.

 

If it says 100 percent foster to the Mother, then Amanda has 100 percent guardianship of the Child.

Edited June 11, 2008 by Darnell (see edit history)

[warpedbored]

The only issue you have is whether or not you have sufficient custody to take the child out of the country without the father's permission. This will not be an issue until the visa interview so you shouldn't let it hold up filing the petition. It sounds like you have sufficient custody but if you really want to be sure you should get the child's father to sign a notatorial statement saying he has no objections.

[Don]

Question 1:

 

Has your son's father given his written permission for you to take your son to the USA?

 

Quesiton 2:

 

Did you go to the GongzhengChu for the notorial certificates and the translation?

Question 1:

No, not yet.

Question 2:

I went to HEILONGJIANG 公证处 for notorial certificate and the translation and got them.

 

The notorial certificate should be good then, but permission from the father is essential. Good luck!

 

It is best to get a written statement to take your son out of the country, but if you have sole custody than it is not absoutly needed. Again, it is better to get it, the conslulate might ask you to make sure you have permission to take your child. Maybe make sure the notary say you have complete or sole custody. The current wording should be okay, but the extra word (sole, complete, only) might help in case the father has any issues or tries to block the move.

Edited June 11, 2008 by Don (see edit history)

[Tom & Jen]

Hello Amanda,

 

We had the same question you have when we were submitting Jen's and her daughter's (I don't like to use the word 'her daughter' as she is OUR daughter) visa applications. We submitted the Notarial Certificate with very similar language as yours. Basically it stated ¡°[Jen's name] is the guardian of [her daughter's name] who is underage children¡±. Jen did not believe her ex-husband would be cooperative about giving permission for his daughter to come to the U.S. During the interview, the VO never questioned about if Jen had the right to move her daughter to the U.S. Jen and her daughter passed the interview with no problems. But with that said, I think that if you were able to get permission from your ex-husband it would be better.

 

My advice to you and your husband is to be over-prepared for the interview. Bring as much documentation as you can to the interview. Of course be very thorough with your visa application, which looks like you are. If your husband can be at the interview, I think will be helpful. I was there. Put his passport at the top of the stack of documents you bring into the interview so the VO can easily see it and he/she will likely ask if your husband is there.

 

We just submitted Jen¡¯s application for U.S. Citizenship. It¡¯s been almost 6 years since we submitted the visa application. My Laopo and our daughter have been here almost 5 years. Things have been wonderful! You have so much to look forward to. It will be a long process with many frustrations dealing with the USCIS but I will have to say, it is worth it! There are so many CFL ¡®family¡¯ members that are always willing to help and share information. So welcome to the family!

 

Tom

[amanda1969]

In your divorce certificate,there should be wording about 'fostering' of the child. What's it say?

 

The 'fostering' paragraph in a Chinese Divorce Certificate covers the 'guardianship' of the child.

 

If it says 100 percent foster to the Mother, then Amanda has 100 percent guardianship of the Child.

My divorce certificate said:

My son lives with me and is supported by me. Son's father will pay 300yuan from the date of divorce till son lives himself alone.

 

 

 

 

I do not know if I have 100 percent foster to my son from this divorce certificate.

 

Thanks for your answering.

 

Amanda

[amanda1969]

In your divorce certificate,there should be wording about 'fostering' of the child. What's it say?

 

The 'fostering' paragraph in a Chinese Divorce Certificate covers the 'guardianship' of the child.

 

If it says 100 percent foster to the Mother, then Amanda has 100 percent guardianship of the Child.

My divorce certificate said:

My son lives with me and is supported by me. Son's father will pay 300yuan from the date of divorce till son lives himself alone.

 

 

 

 

I do not know if I have 100 percent foster to my son from this divorce certificate.

 

Thanks for your answering.

 

Amanda

I had my divorce paper work notaried today. It said :I am the custody of my son. So far I have 2 notaried paper work, one shows I am the legal guardian of my son , the other shows I am the custody of my son.

 

I do not know if my parper work is enough ?

 

Amanda

[Don]

In your divorce certificate,there should be wording about 'fostering' of the child. What's it say?

 

The 'fostering' paragraph in a Chinese Divorce Certificate covers the 'guardianship' of the child.

 

If it says 100 percent foster to the Mother, then Amanda has 100 percent guardianship of the Child.

My divorce certificate said:

My son lives with me and is supported by me. Son's father will pay 300yuan from the date of divorce till son lives himself alone.

 

 

 

 

I do not know if I have 100 percent foster to my son from this divorce certificate.

 

Thanks for your answering.

 

Amanda

I had my divorce paper work notarized today. It said :I am the custody of my son. So far I have 2 notaried paper work, one shows I am the legal guardian of my son , the other shows I am the custody of my son.

 

I do not know if my parper work is enough ?

 

Amanda

 

 

 

With a notarized paper saying you have custody, you should be okay. You do not absolutely need the paper giving permission to move your son to the US, but if you can get it you will be safer. To get it we had to promise and sign a document saying we will pay for college and not ask him for money to pay for school.

[amanda1969]

Thanks all of the one who gave me suggestions and informations. My husband and I both are so grateful...

 

 

 

Amanda

[LeeFisher3]

I believe the paper you have is enough, but you should have your divorce papers translated by the notary just to be positive there is no question.

 

We only had the divorce notary statement for our son and it was enough.

 

I would not advise trying to get the father's permission as you don't require it according to your divorce agreement.

[amanda1969]

I believe the paper you have is enough, but you should have your divorce papers translated by the notary just to be positive there is no question.

 

We only had the divorce notary statement for our son and it was enough.

 

I would not advise trying to get the father's permission as you don't require it according to your divorce agreement.

I have my divorce papers translated by the notary.