Custody Papers

[shanleybelle07 0]

hello to all VJ's !!!

here i am again...asking questions to all of you here..i got letter from NVC today and they are asking for missing documents for my son...they are asking for a CUSTODY PAPERS..

it says " Please submit evidence that you have been granted custody of this child.Copies of original court custody documents are acceptable.In Addition to the above,in case of joint custody or remaining rights of a non-custodial parent,applicants must also submit a notarized statement from the non-custodial parent granting permission for the child to immigrate to the U.S".

i have full custody of my son sinced birth but its my US american husband who filed petition for him as his step father....what we gonna do? my entry to U.S was as CR1 and then i am wondering why they changed the preference category for my son,it was changed to IR2-CHILD OF U.S. CITIZEN... why?

anyone know abt this problem of mine? oh please let me know..we are expecting for Nov interview for him but we just got this letter today so it will be delay and me and my husband are really confused...

i am waiting for your replies co VJ'ers

thanks and more power

Edited September 30, 2008 by shanleybelle07

[boyceedith 0]

ANNABELLE ,YOU KNOW MAYBE YOUR HUSBAND NEED TO CALL THE NVC AND CLARIFY EVERYTHING ABOUT IT, IN MY OWN KNOWLEDGE YOUR CHILD SHOULD BE ON CR2 CATEGORY BUT TO BE HONEST WITH YOU IM NOT REALLY SURE WHY THEY HAD TO CHANGE IT INTO IR2 ,ABOUT CUSTODY THING I REPLIED ALREADY TO YOUR EMAIL

[*JG* 2]

In Jamaica, if the father's name is on the birth certificate, you have to have a DNA test and then you have to get a notarized document from the father stating the child can immigrate to the US.

I think it is going to be pretty much the same for all countries. They are not going to let the child come without that.

[ryandgracey 2]

hello to all VJ's !!!

here i am again...asking questions to all of you here..i got letter from NVC today and they are asking for missing documents for my son...they are asking for a CUSTODY PAPERS..

it says " Please submit evidence that you have been granted custody of this child.Copies of original court custody documents are acceptable.In Addition to the above,in case of joint custody or remaining rights of a non-custodial parent,applicants must also submit a notarized statement from the non-custodial parent granting permission for the child to immigrate to the U.S".

i have full custody of my son sinced birth but its my US american husband who filed petition for him as his step father....what we gonna do? my entry to U.S was as CR1 and then i am wondering why they changed the preference category for my son,it was changed to IR2-CHILD OF U.S. CITIZEN... why?

anyone know abt this problem of mine? oh please let me know..we are expecting for Nov interview for him but we just got this letter today so it will be delay and me and my husband are really confused...

i am waiting for your replies co VJ'ers

thanks and more power

I don't know really, but I think you should tell your husband to call NVC about this. Would help to have the 130 NOA2 too and take a look at it. The cover page for my child (my husband's step-child) says CR2. Your son's should read the same. But, like I said, go ahead and tell your hubby to bother NVC.

[payxibka 10,045]

i have full custody of my son sinced birth but its my US american husband who filed petition for him as his step father....what we gonna do? my entry to U.S was as CR1 and then i am wondering why they changed the preference category for my son,it was changed to IR2-CHILD OF U.S. CITIZEN... why?

The difference between CR & IR is the length of time. The change of category is actually advantageous for you as you will not have to file removal of conditions.

[shanleybelle07 0]

i have full custody of my son sinced birth but its my US american husband who filed petition for him as his step father....what we gonna do? my entry to U.S was as CR1 and then i am wondering why they changed the preference category for my son,it was changed to IR2-CHILD OF U.S. CITIZEN... why?

The difference between CR & IR is the length of time. The change of category is actually advantageous for you as you will not have to file removal of conditions.

on our first notices from NVC,it stated there that my son is on CR2 but then after we sent the DS-230 papers including some of his supporting documents,they changed it to IR2.

and abt his biological father,i dont know where he at right now.

i also read the DSWD website,my son can travel with me to the US without his father consent.i know that this confuses me b4 coz when we traveled to India in 2004 to visit his father's family,DSWD was asking for a consent from his father...but since DSWD changed it already so i have no worry abt that anymore.my concern right now is where we go get that custody papers..any advice?

yes my husband will going to call the NVC to make us clear abt this custody papers that they need from us..

thanks everyone and God Bless

[payxibka 10,045]

on our first notices from NVC,it stated there that my son is on CR2 but then after we sent the DS-230 papers including some of his supporting documents,they changed it to IR2.

It is because the re-evaluated the timeline and determined IR instead of CR.... Do not get hung up on this difference... It has no effect or change for your process....

[ryandgracey 2]

Does the birth certificate have the biological father's name on it? If so, then maybe that is the problem. And were you married to him previously?

[shanleybelle07 0]

Does the birth certificate have the biological father's name on it? If so, then maybe that is the problem. And were you married to him previously?

NO i am not married with the biological father and in my son BC it stated there too that were not married.

we call the NVC yesterday and they told us to write a statement from me by handwritten saying that i have full custody of my son sinced birth and i have no contact with his father and we are not married...etc etc etc.

[ryandgracey 2]

Does the birth certificate have the biological father's name on it? If so, then maybe that is the problem. And were you married to him previously?

NO i am not married with the biological father and in my son BC it stated there too that were not married.

we call the NVC yesterday and they told us to write a statement from me by handwritten saying that i have full custody of my son sinced birth and i have no contact with his father and we are not married...etc etc etc.

Okay...is the biological father's name on your son's ds230 and on his birth certificate? My child's birth certificate does not have her biological father's name on her birth certificate, nor does it show any notation of acknowledgement. Nor does his name appear on her baptismal. Nevertheless, I made an affidavit of illegitimacy for her.

[shanleybelle07 0]

Does the birth certificate have the biological father's name on it? If so, then maybe that is the problem. And were you married to him previously?

NO i am not married with the biological father and in my son BC it stated there too that were not married.

we call the NVC yesterday and they told us to write a statement from me by handwritten saying that i have full custody of my son sinced birth and i have no contact with his father and we are not married...etc etc etc.

Okay...is the biological father's name on your son's ds230 and on his birth certificate? My child's birth certificate does not have her biological father's name on her birth certificate, nor does it show any notation of acknowledgement. Nor does his name appear on her baptismal. Nevertheless, I made an affidavit of illegitimacy for her.

we called the NVC again yesterday and another person talked to us...he gave us two option...the first one is to get an order from the court in philippines that i have sole custody of my son and the 2nd is to contact the father and ask his permission and let our son to migrate to USA..

i called the lawyer in Philippines and i cant get any court order without my presence there and it will takes abt 3 months or more to be done...this makes me upset and i dont know what i am going to do...if i will take the 2nd option,i dont know wheres the father right now...his job is let him travel from one country to another.

i am so upset and i feel i am alone.i cant even have the chance to talk to my husband abt what the lawyer told me today coz he also have problem with his 18th year old pregnant daughter right now.

God help me.....

[sunandmoon 450]

it seems that whoever is adjudicating your case at NVC is not knowlegable on the Philippine Family Code. as a single mom, you have full custody of your child even if the biological father is listed on the child's birth certificate. maybe you could get a consult from an Immigration attorney here who deals with immigration from the Philippines.

[shanleybelle07 0]

it seems that whoever is adjudicating your case at NVC is not knowlegable on the Philippine Family Code. as a single mom, you have full custody of your child even if the biological father is listed on the child's birth certificate. maybe you could get a consult from an Immigration attorney here who deals with immigration from the Philippines.

yes you are right...that guy who gave this two option said that they just want to make sure that everything is OK b4 they send the papers to the embassy in Manila coz they are not sure whats the philippine law abt this matter...i read on the DSWD website,my son can travel anytime without his father consent.when i renewed his passport,DFA Cebu me that my son can travel without his father's permission,infact they told me not to put his name on the paper.

honestly i am really confused abt this thing...but USA is USA..and yes you are right,i guess we need to call a lawyer here in USA too...thanks for that Roy and Yazi

[sunandmoon 450]

http://www.chanrobles.com/executiveorderno209.htm

it's unfortunate they can't simply look at the Family Code of the Philippines. Title VI, chapter 3, art. 176

hopefully it will not take too long for you to get this resolved.

[boyceedith 0]

Annabelle maybe you can try to write a statement saying that you have full custody of your son sinced birth and you have no contact with his father and you are not married with him. try to send it to the NVC if they will honor your statement then you can proceed to your interview then thats the right time you will figure out everything who knows since you were not married to his father the CO will honor your statement and no need to spend for lawyer and whatsoever but i do believed once NVC accept your statement that is a good sign just have faith annabelle and if ever the CO will ask you consent from his father you can explane to your CO very well im sure they will consider it especially when you tell them you have no idea where he is at now