An eventual Visa for Ying's son

[Carl]

Ying has decided to leave her son Meng (aka Peter) with her parents for about a year so we can set up our household and have some bonding time.

 

Since we decided to leave Peter off the petition when we start the process of bringing him here, we will be starting from scratch, but all the more wiser on the process. However, I am wondering if her EX will figure in the process. Basically he did not want to have children, so when Ying got pregnant he was not happy. When Ying got divorced it appears that she recieved sole custody of Peter, and he appears to not want to have anything to do with Peter. In fact he has not seen Peter since the divorce. So if that is the case will we have to get any type of permission from him to get Peter a visa and with us here in the US?

 

Both Ying and I believe that he really has no say in the matter, nor would he oppose the matter. In fact he might be happy because it might mean that he will be able to stop paying the 100 RMB child support he has been paying.

 

Let me know what you guys think or maybe suggest somebody Ying might be able to talk to in China to get some answers.

[Guest blsqueaky]

Carl, from some that I have read on CFL here, if the father wants to be a real prick, yes you can have some problems, like one major one, is their anything about him granting sole custody???

 

I seem to remember one case here on CFL that got a little nasty. One he found out that she was marrying an american, then money issues started to pop up, even though he had nothing to do with his child.

 

I might be wrong on this, and if I am, I will hear about it, but I think that I am right for once.

 

Wish you luck

[Guest Long_strider]

Children Have Derivative Status

 

The child of a fiancé(e) may receive a derivative K-2 visa from his/her parent’s fiancé(e) petition. You, the American citizen petitioner, must make sure that you name the child in the I-129F petition. After the marriage of the child’s parent and the American citizen, the child will need a separate form I-485 Application to Register Permanent Residence or to Adjust Status. The child may travel with (accompany) the K-1 parent/fiancé(e) or travel later (follow-to-join) within one year from the date of issuance of the K-1 visa to his/her parent. A separate petition is not required if the children accompany or follow the alien fiancé(e) within one year from the date of issuance of the K-1 visa. If it is long than one year from the date of visa issuance, a separate immigrant visa petition is required.

 

Remember that in immigration law a child must be unmarried. The stepparent/stepchild relationship must be created before the child reaches the age of 18.

[Carl]

Carl, from some that I have read on CFL here, if the father wants to be a real prick, yes you can have some problems, like one major one, is their anything about him granting sole custody???

 

I seem to remember one case here on CFL that got a little nasty. One he found out that she was marrying an american, then money issues started to pop up, even though he had nothing to do with his child.

 

I might be wrong on this, and if I am, I will hear about it, but I think that I am right for once.

 

Wish you luck

I have a translated copy of her divorce decree and it says....

 

Arrangement of Children: (Peter's Chinese name) born on September 17, 19XX, child by marriage will be brought up by mother and the father will pay alimony of 300 yuan each month.

 

I read this to say Ying has sole custody.....I may be wrong, but it won't be the first time......

[Guest Long_strider]

The is from the Consulate web site in Guangzhou

 

 

 

 

Notarial marital status certificate. If divorced before, previous divorce certificates for each marriage are required. If any child from previous marriage will also apply for visa, a divorce decree showing the child's custody is needed.

 

 

Notarial police certificates are required from each visa applicant aged 16 or over issued by his/her local municipal notary office where he/she has resided for at least six months since attaining the age of sixteen. Police certificates are also required from all other countries where the applicant has resided for at least one year.

 

 

long_strider

[Guest blsqueaky]

Carl, from some that I have read on CFL here, if the father wants to be a real prick, yes you can have some problems, like one major one, is their anything about him granting sole custody???

 

I seem to remember one case here on CFL that got a little nasty. One he found out that she was marrying an american, then money issues started to pop up, even though he had nothing to do with his child.

 

I might be wrong on this, and if I am, I will hear about it, but I think that I am right for once.

 

Wish you luck

I have a translated copy of her divorce decree and it says....

 

Arrangement of Children: (Peter's Chinese name) born on September 17, 19XX, child by marriage will be brought up by mother and the father will pay alimony of 300 yuan each month.

 

I read this to say Ying has sole custody.....I may be wrong, but it won't be the first time......

Carl, this is something that I would check real carefully, because the word alimony, where in this country, is says child support, and did he relinguish sole support. It gets real tricky in China.

[BuffaloPaul]

My SO has researched this and found that its best to have a notarized statement from the bio father allowing him to go to US. Having custody agreement alone won't do the trick. (My ex has custody but can't leave the state with the kids much less the country)

[Carl]

Thanks for the information. I just talked to Ying on Skype, and she told me that she has full custody of Peter, and that her EX surrendered all parental rights concerning Peter and he has severed any and all ties and contact with both her and him. So, I think I need not concern myself about the matter.