bringing stepson to the united states

[lostinblue]

http://candleforlove.com/forums/index.php?showtopic=13959

I found this in the search but a few questions. Yan's ex has custody. Her son is 15 .We would like to file for him soon. From reading this all that is needed is a letter noterized granting permission for her son to immigrate to the United States from her ex. Is this correct. Will we need several copies? If someone has gone through this process what is the best way to proceed. I understand I have to file as a step father and it will take about a year. Yan has read on 001 that she needs to go to court in china and get custody in her name . This is not what I am reading here. What other legal papers will be needed. She must return to GUZ with her son at interview time correct . This is her plan anyway.Then bring her son here from GUZ. What about transcripts from highschool. ? Things like that.

[warpedbored]

Because he is under age You can file as his step parent, follow to join his mother. If his father has legal custody you will have to get permission from the father. I would get 3 or 4 notarized translated statements from him. Send C4Racer a pm. He filed for his stepson and knows the process well.

Edited August 17, 2008 by warpedbored (see edit history)

[eseum]

I brought my stepdaughter here after my wife was already here. Her father would not originally give his permission but subsequently changed his mind. I filed the I-130 in August of 2006 and she entered the country on Sept. 8, 2007.

 

I had her father provide a notarized letter stating that he would let her come to America. I wrote the letter in English, my wife translated it into Chinese and we sent it to him. He then used that as a template in China and had it notarized/translated from Chinese to English there and sent it back to us. Your wife does not have to go to court to get custody. Just the letter will suffice. My wife did go back to China to be with her daughter for the interview and then brought here.

 

All in all I thought bringing our daughter here wenteasier than brining my wife over.

 

You definitely want to get translated/notarized school transcripts to bring here for school. We did not do this for our daughter and she has to spend more time in school before she can graduate.

[C4Racer]

http://candleforlove.com/forums/index.php?showtopic=13959

I found this in the search but a few questions. Yan's ex has custody. Her son is 15 .We would like to file for him soon. From reading this all that is needed is a letter noterized granting permission for her son to immigrate to the United States from her ex. Is this correct. Will we need several copies? If someone has gone through this process what is the best way to proceed. I understand I have to file as a step father and it will take about a year. Yan has read on 001 that she needs to go to court in china and get custody in her name . This is not what I am reading here. What other legal papers will be needed. She must return to GUZ with her son at interview time correct . This is her plan anyway.Then bring her son here from GUZ. What about transcripts from highschool. ? Things like that.

 

You will need the letter from her ex giving his permission for the son to immigrate to the US. I don't see any need to go to court. The only reason for going to court would be if the letter is not available. Then she would have documents from court showing sole custody because father is not around. Other documents you must submit are her son's birth certificate and your marriage certificate. This is what proves your relationship as step-father. Other things you want for interview are pictures of son and mother together.

 

Yes, she needs to be there at interview with her son as the embassy is not allowed to interview a minor child alone. At least one of the paerents must be present.

 

High school transcripts come in handy when you go to put him in school here. You'll want these translated.

Sounds like you pretty much have it covered.

Edited August 17, 2008 by C4Racer (see edit history)

[jim_julian]

The consulate is generally supportive of bringing the minor sons and daughters of marriage based visas to the US. There seem to be only three issues that can cause a problem:

 

1. Age ... you're OK there

2. Birth father's permission ... discussed by others and you have a plan.

3. Actual maternity/paternity ... if the child was born in a hospital and you have the original paperwork you should be OK. With less official evidence an issue could possibly arise, particularly if someone alleges otherwise. The photo evidence of mother and son at various stages in life helps but many Chinese families do not have this. The gold standard is a DNA test by a consulate approved process.

[MikeXiao]

When we filed for my wife's son, everything went well. They had the approval papers and were leaving, when a VO stopped them, took the papers and told them they needed DNA evidence. This all happened just before the Chinese New Year, and delayed the visa for 3 weeks. But it all worked out.

[Guest Rob & Jin]

RandyW can answer all this

[Randy W]

RandyW can answer all this

 

 

Thanks, Rob, but he already knew to file an I-130, and others have better experience with the custody issues, so I left it to see what they had to say.

Edited August 24, 2008 by Randy W (see edit history)