Stepfather petition and custody RFE?

[Alex 0]

I just got an RFE for my stepdaughter asking for custody papers and a notorized letter from my wife saying it's ok for her to immigrate here. Anyone ever get one of these and what did you do about it? I don't have custody of my stepdaugter, my wife does. That's why I'm petitioning her as the USC. She's my wife's daughter, what more do I need to do?

Any advice?

[diadromous mermaid 36]

Does your wife have documentation showing that she was awarded custody of her child? I believe the biological parent must also agree to relocation of a child in the case of a divorce as well. A cover letter indicating that your wife was the beneficiary of a K-1 some time ago, and that now you are now seeking a visa for her daughter to join you might help.

I just got an RFE for my stepdaughter asking for custody papers and a notorized letter from my wife saying it's ok for her to immigrate here. Anyone ever get one of these and what did you do about it? I don't have custody of my stepdaugter, my wife does. That's why I'm petitioning her as the USC. She's my wife's daughter, what more do I need to do?

Any advice?

Edited November 30, 2008 by diadromous mermaid

[Alex 0]

Does your wife have documentation showing that she was awarded custody of her child? I believe the biological parent must also agree to relocation of a child in the case of a divorce as well. A cover letter indicating that your wife was the beneficiary of a K-1 some time ago, and that now you are now seeking a visa for her daughter to join you might help.

I just got an RFE for my stepdaughter asking for custody papers and a notorized letter from my wife saying it's ok for her to immigrate here. Anyone ever get one of these and what did you do about it? I don't have custody of my stepdaugter, my wife does. That's why I'm petitioning her as the USC. She's my wife's daughter, what more do I need to do?

Any advice?

She doesn't have a letter saying she has custody, just a divorce paper. Her daughter received a K1 a couple years ago when I did my wifes fiancee visa. Her daughter didn't come with her at the time which is why I'm doing the I130 now. Her daughter has the old unused visa. Maybe I can just send a copy of that?

Anyway, her daughter doesn't need parents consent to leave the philippines. The social works department ammended their laws.

[shanleybelle07 0]

Does your wife have documentation showing that she was awarded custody of her child? I believe the biological parent must also agree to relocation of a child in the case of a divorce as well. A cover letter indicating that your wife was the beneficiary of a K-1 some time ago, and that now you are now seeking a visa for her daughter to join you might help.

I just got an RFE for my stepdaughter asking for custody papers and a notorized letter from my wife saying it's ok for her to immigrate here. Anyone ever get one of these and what did you do about it? I don't have custody of my stepdaugter, my wife does. That's why I'm petitioning her as the USC. She's my wife's daughter, what more do I need to do?

Any advice?

She doesn't have a letter saying she has custody, just a divorce paper. Her daughter received a K1 a couple years ago when I did my wifes fiancee visa. Her daughter didn't come with her at the time which is why I'm doing the I130 now. Her daughter has the old unused visa. Maybe I can just send a copy of that?

Anyway, her daughter doesn't need parents consent to leave the philippines. The social works department ammended their laws

on my son's case,NVC asked me a letter of consent from the biological father letting him immigrate to USA with me and or a court order that i have sole custody...its my US citizen husband who petitioned him as his stepfather..and since i dont have any court oders paper so i asked the biological father to sent me a letter of consent,its not notarized but it was handwritten and lucky that NVC accept it and my son interview is on Dec 22 2008.

even she was already granted a visa b4,we still need to go through the same process..to start all over again.

anyways,just asked for a letter of consent from the father and she will be here in USA soon.

goodluck

[Alex 0]

Does your wife have documentation showing that she was awarded custody of her child? I believe the biological parent must also agree to relocation of a child in the case of a divorce as well. A cover letter indicating that your wife was the beneficiary of a K-1 some time ago, and that now you are now seeking a visa for her daughter to join you might help.

I just got an RFE for my stepdaughter asking for custody papers and a notorized letter from my wife saying it's ok for her to immigrate here. Anyone ever get one of these and what did you do about it? I don't have custody of my stepdaugter, my wife does. That's why I'm petitioning her as the USC. She's my wife's daughter, what more do I need to do?

Any advice?

She doesn't have a letter saying she has custody, just a divorce paper. Her daughter received a K1 a couple years ago when I did my wifes fiancee visa. Her daughter didn't come with her at the time which is why I'm doing the I130 now. Her daughter has the old unused visa. Maybe I can just send a copy of that?

Anyway, her daughter doesn't need parents consent to leave the philippines. The social works department ammended their laws

on my son's case,NVC asked me a letter of consent from the biological father letting him immigrate to USA with me and or a court order that i have sole custody...its my US citizen husband who petitioned him as his stepfather..and since i dont have any court oders paper so i asked the biological father to sent me a letter of consent,its not notarized but it was handwritten and lucky that NVC accept it and my son interview is on Dec 22 2008.

even she was already granted a visa b4,we still need to go through the same process..to start all over again.

anyways,just asked for a letter of consent from the father and she will be here in USA soon.

goodluck

We've tried to get a letter from the biological father before and he wouldn't do it. Her daughter doesn't live with the biological father, she is being raised by her grandmother. He wants nothing to do with her.

I got a visa before for her, couldn't I explain that to the NVC and see what they say?

[NArocks 13]

You need the letter for the NVC , even if the requirments to leave the country are differnt. Without the letter your case will not continue to process through the NVC. My husband did not have custody of his 2 kids, however with the letter to NVC from the mother the case continued to process and the boys are here. They did need an addtional letter to leave Colombia and we got that one also from the Mom. Try your hardest to get the other Parent to sing a notorized letter to send back to the NVC so you case will resume.

[msnoob 3]

If the biological father will not sign the letter, you wife may have to sue for sole custody of her daughter. Unfortunately, the NVC will require sole legal and sole physical custody in order to allow your step daughter to migrate.

I'm not sure if notifying the NVC of the original Visa approval will work. The laws are created to prevent one parent from taking a child out of the country without the other parent's knowledge or permission. Even with sole physical custody, if parents have joint legal custody, a decision to relocate must be agreed upon by both parents.

Best of Luck with your situation.

[Alex 0]

If the biological father will not sign the letter, you wife may have to sue for sole custody of her daughter. Unfortunately, the NVC will require sole legal and sole physical custody in order to allow your step daughter to migrate.

I'm not sure if notifying the NVC of the original Visa approval will work. The laws are created to prevent one parent from taking a child out of the country without the other parent's knowledge or permission. Even with sole physical custody, if parents have joint legal custody, a decision to relocate must be agreed upon by both parents.

Best of Luck with your situation.

Thanks. My wife is going to go home and deal with the courts and try to get this settled once and for all. If she can get a notorized letter from her ex, then great, I'll mail it off with the RFE and see what happens. If not, then well, we can wait for the courts...might take a while but what to do.

[msnoob 3]

If the biological father will not sign the letter, you wife may have to sue for sole custody of her daughter. Unfortunately, the NVC will require sole legal and sole physical custody in order to allow your step daughter to migrate.

I'm not sure if notifying the NVC of the original Visa approval will work. The laws are created to prevent one parent from taking a child out of the country without the other parent's knowledge or permission. Even with sole physical custody, if parents have joint legal custody, a decision to relocate must be agreed upon by both parents.

Best of Luck with your situation.

Thanks. My wife is going to go home and deal with the courts and try to get this settled once and for all. If she can get a notorized letter from her ex, then great, I'll mail it off with the RFE and see what happens. If not, then well, we can wait for the courts...might take a while but what to do.

Prayerfully your wife will have success obtaining the letter from the father.

I noticed that this information was in the Embassy Specific Guidelines

When I researched Barbados they have listed:

BRING PERMISSION FOR MINOR CHILDREN TO TRAVEL TO THE U.S.

Any applicant under 16 needs permission form BOTH parents listed on the birth certificate to emigrate. A court may give custody to one parent, allowing that parent to take the child out of the country. But if there is no court order, then the other parent must send a notarized letter giving permission.

[NArocks 13]

Correct as listed, However my RFE also stated something about Custody, I called the NVC and all they were concerned with was the notorized letter. Mind you we then had to jump through hoops to get the kids out of Colombia, as the DAS ( COlombia police ) would not let the kids leave unless we had a certified document that was drawn up and signed only in BOgota from the mom. She was more than willing to do this and the kids have been here 9 months. Get the letter and send it in, make sure it is notorized correctly by a notary, the mom happened to be here in the states when we needed the letter so it was done by a notary here.

If the biological father will not sign the letter, you wife may have to sue for sole custody of her daughter. Unfortunately, the NVC will require sole legal and sole physical custody in order to allow your step daughter to migrate.

I'm not sure if notifying the NVC of the original Visa approval will work. The laws are created to prevent one parent from taking a child out of the country without the other parent's knowledge or permission. Even with sole physical custody, if parents have joint legal custody, a decision to relocate must be agreed upon by both parents.

Best of Luck with your situation.

Thanks. My wife is going to go home and deal with the courts and try to get this settled once and for all. If she can get a notorized letter from her ex, then great, I'll mail it off with the RFE and see what happens. If not, then well, we can wait for the courts...might take a while but what to do.

Prayerfully your wife will have success obtaining the letter from the father.

I noticed that this information was in the Embassy Specific Guidelines

When I researched Barbados they have listed:

BRING PERMISSION FOR MINOR CHILDREN TO TRAVEL TO THE U.S.

Any applicant under 16 needs permission form BOTH parents listed on the birth certificate to emigrate. A court may give custody to one parent, allowing that parent to take the child out of the country. But if there is no court order, then the other parent must send a notarized letter giving permission.

Edited December 5, 2008 by NArocks