Fianc¨¦ and child - question on custody and chances for approval

[06dak]

Hello,

 

I have a question concerning custody and approval for visa.

My fiancé had a very difficult time getting divorced, but finally was able to do so under some unfavorable "conditions". Her divorce document says that her child will live together with her, her ex will pay her a pittance a month, and her ex has the right to visit the child 4 days per month. Her ex has steadfastly said he would never sign papers for the child to leave China, not because he cares for the child (he has gone a year at a time without seeing the child) but because he just wants to make her life painful.

 

Our plan is to get married and then file for a CR1 visa in about a year. We've had a long relationship and should have no trouble with a spousal visa. The concern is with the child. Will the "4 days visit" prevent the child from getting a visa without the ex sign off? I know others have had success without sign off, but this wording obviously concerns us.

[Randy W]

Hello,

 

I have a question concerning custody and approval for visa.

My fiancé had a very difficult time getting divorced, but finally was able to do so under some unfavorable "conditions". Her divorce document says that her child will live together with her, her ex will pay her a pittance a month, and her ex has the right to visit the child 4 days per month. Her ex has steadfastly said he would never sign papers for the child to leave China, not because he cares for the child (he has gone a year at a time without seeing the child) but because he just wants to make her life painful.

 

Our plan is to get married and then file for a CR1 visa in about a year. We've had a long relationship and should have no trouble with a spousal visa. The concern is with the child. Will the "4 days visit" prevent the child from getting a visa without the ex sign off? I know others have had success without sign off, but this wording obviously concerns us.

 

 

Chinese divorce decrees are not enforced in the west, but it will be up to your Visa Officer to decide whether the child will be allowed to immigrate. The consent of the other parent is generally required.

 

We had one member whose wife's ex insisted on a large bribe in order to allow their daughter to go to the U.S. She was close to her 18th birthday, so they simply waited it out and were able to get the visa when she turned 16. (the age where consent is no longer required is either 16 or 18, I forget which).

[06dak]

Thanks Randy.... her child is much much younger so "waiting it out" would be a decade! I wish it was just money, but he is more interested in revenge.

 

Hopefully she can do some serious negotiation, or we may be separated more than we like. Luckily her child already has a travel visa so she can visit when not in school.