Evidence of Custody

[TeeSquareTime]

Dear CFL Community, my wife and I need some advice about proof of custody. I have petitioned for the CR1/2 visas for my wife and stepdaughter (age 4). We are getting the required documents ready for the GZ interview.

 

We have the official notary translation of my wife's divorce decree custody terms. The notary translation of the divorce decree is pretty simple:

 

"... this is to certify that DAUGHTERNAME (female, born on BIRTHDATE), daughter born of MOTHERNAME and FATHERNAME, shall live with her mother MOTHERNAME from DIVORCEDATE."

 

Is this enough evidence of legal custody for the CR2?

 

We have asked the birthfather to sign an approval letter and he has refused to discuss it. He does not answer phone calls or respond to sms from my wife. We have asked a family law attorney from a firm recommended by the BJ Embassy to help us. The lawyer offered to write a letter of explanation that "shall live with" = fostering right = legal custody.

 

Has anyone else run into this issue? We are continuing to try to get the birthfather to sign an approval letter but it seems he is refusing to address the issue. We are pretty stressed out about this, running out of options and not sure if this notary translation will be enough to satisfy the VO.

 

Any help would be greatly appreciated. Thanks!

Edited March 8, 2011 by TeeSquareTime (see edit history)

[Randy W]

Unclear why you would want a lawyer - the custody issue would seem to be pretty well spelled out in the divorce decree. There is no better proof of custody.

[tsap seui]

I agree with Randy, no need for a lawyer to state what you already have in writing.

 

Good luck to you. As far as the father saying it's okay for his daughter ot go to America, just keep trying. It is something that they can, or may well not hang over your head with a blue slip. They will look at the totality of your case and if they feel like pricks on interview day, ask for it. How many Chinese fathers willingly sign off for their kid to fly off to America with an American man? You could try to change his mind the Chinese way...rmb Put your thinking cap on, I've heard, there are more ways than one to skin a cat.

 

tsap seui

[knloregon]

Of course, DOS can do ANYTHING and can be unpredictable, but as Randy and Tsap already have stated---seems pretty straight forward. DOS is a stickler on the issue of children's rights, (it won't knowingly let children obtain visas to the US from foreign countries if it suspects even a whiff of child trafficking (including adoption). Not the case here--- you seem to have a strong document, and you have an official (stamped) translation.

 

I suggest you don't 'stink up the case' with an attorney's letter. ----that could be a read flag at the consulate to question further why you might need that? (blue slip) I would, however, make sure you have----on the top of papers for the interview, in addition to the divorce decree, official (translated) birth certificates for both your SO and the child---proving the blood relationship, if asked. You could, however, keep the attorney's letter in reserve, but I ABSOLUTELY would not produce it unless it appeared the interview was going badly on this point.

[whatsthedeal]

Not really your question but.

Make sure you have pictures of your wife and her daughter together from day one ready for the interview. If you have some from the hospital the day the daughter was born that would be good.

[TeeSquareTime]

Dear CFL Community,

 

I really appreciate all of your support during a stressful time. I hope that sharing our experiences can someday repay the favor to others facing the same challenges.

 

What is your collective wisdom about going to family court in China? Wife and I are considering asking a judge to change the divorce decree visitation terms to clear state my wife and stepdaughter are moving to the US so birthfather can see daughter at CNY and summers. Would a court order help offset not having the birthfather permission letter? Anyone try this?

 

Still can't sleep well, hard to enjoy the rest of my life, can't passively accept that what will be will be...

[knloregon]

Seems logical to me, but there is the potential for significant delay. Assume birth father has to be served with court papers, and offered an opportunity to respond. In most state in the US, this can be a lengthy process. You need an experienced Chinese family law attorney for this----not a western immigration attorney. Such a move could be the catalyst that finally results in a legal settlement that gets him out of the picture entirely---(pay off) ---if he truly values money more than his kid----good riddance! But if it runs that course, the next best step is for you to adopt the child, in China. That adoption WILL be honored by DOS. ---all of this is going to be very time consuming! (not to mention the money...)

[Randy W]

Dear CFL Community,

 

I really appreciate all of your support during a stressful time. I hope that sharing our experiences can someday repay the favor to others facing the same challenges.

 

What is your collective wisdom about going to family court in China? Wife and I are considering asking a judge to change the divorce decree visitation terms to clear state my wife and stepdaughter are moving to the US so birthfather can see daughter at CNY and summers. Would a court order help offset not having the birthfather permission letter? Anyone try this?

 

Still can't sleep well, hard to enjoy the rest of my life, can't passively accept that what will be will be...

 

 

 

An interesting exercise - with all we hear about the hurdles GUZ places in the path of those trying to get visas for family members, we have someone creating his own hurdles.

 

Why are you wanting to do this ??!?

 

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.

[whatsthedeal]

Dear CFL Community,

 

I really appreciate all of your support during a stressful time. I hope that sharing our experiences can someday repay the favor to others facing the same challenges.

 

What is your collective wisdom about going to family court in China? Wife and I are considering asking a judge to change the divorce decree visitation terms to clear state my wife and stepdaughter are moving to the US so birthfather can see daughter at CNY and summers. Would a court order help offset not having the birthfather permission letter? Anyone try this?

 

Still can't sleep well, hard to enjoy the rest of my life, can't passively accept that what will be will be...

 

 

 

An interesting exercise - with all we hear about the hurdles GUZ places in the path of those trying to get visas for family members, we have someone creating his own hurdles.

 

Why are you wanting to do this ??!?

 

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.

 

Okay TST, Take a deep breath and relax.

The last thing you want now is for your anxiety to spill over to your wife. I sure you understand what Randy and others here are telling you (you have a divorce decree that clearly spells out custody to your wife.) TECHNICALLY that should be all GUZ will require, your efforts might stir the ex to contact the Consulate and try and block your petition.

 

e.g. Letter,poison pen.

[TeeSquareTime]

Okay, I took a few deep breaths... and yes I don't want to be fixing something that's not broken.

 

Tsap Seui asked the same question last year.

 

candleforlove.com/forums/index.php?showtopic=41342

 

Is GUZ now requiring a permission letter from the non-custodial parent EVEN if the divorce decree says my stepdaughter will live with my wife? Is there reason to beleive that we can explain the situation at the interview? Anyone hear of similar recent experiences with GUZ for CR1/2 or K1/2 visa interviews?

 

Thanks in advance for your help!