K-1 Interview - "Quit Claim" letter

[Jimfxdl 0]

Hello Everyone!

I hope someone can help us here. Our interview was tuesday the 23rd. We got a blue slip asking for an updated "Quit Claim", since my fiance has a 4 year old son. His father has not been in his life since he was 5 months old. The father is now in the states, and refuses to cooperate. He is calling the boys mother stupid, and making unreasonable demands before he will give her the "Quit Claim" letter. He is saying that he will help only under these conditions:

1. If "Chukwudi" (not the boys real name, but the name he wants to give to the boy now) is my son,

he will remain my son.

2. You will change his name to the name I give him and get a birth certificate that has my name on

it.

3. I want you to know that if Chukwudi is really my son, you can NEVER bring him to the US or any

western country without my consent.

4. Then I will write a letter to allow him to get a US visa

Every negative adjective in the dictionary applies to this man. We are not about to even consider giving in. Even if we did, my Fiance says he will never give her the "Quit Claim" after he gets what he wants.

Has anyone run into this problem of an ex that will not cooperate?? Please help!!

Thank you all in advance....and good luck to everyone!

[JimVaPhuong 4,863]

If he was in Vietnam you'd have a better chance of "persuading" him. Unfortunately, you absolutely NEED his permission for his son to emigrate. Sole custody or other such arrangements are not sufficient.

You need to find things that can balance the tables a bit before you can negotiate with him.

It may be possible for your fiancee to get a child support order against her son's father once she arrives in the US, since he is under jurisdiction of the US courts. Threatening his wallet can be a very strong motivator to get him to negotiate. Many states will allow him to be relieved of his support obligations by giving up his parental rights and allowing you to adopt his child once you marry the child's mother. Consult with an attorney and see if this is possible. If so, have the attorney draw up a letter notifying the father of your intent to enforce his parental obligations as long as he continues to assert to his parental rights. This might bring him around.

[Alan D. 0]

It may be possible for your fiancee to get a child support order against her son's father once she arrives in the US, since he is under jurisdiction of the US courts. Threatening his wallet can be a very strong motivator to get him to negotiate. Many states will allow him to be relieved of his support obligations by giving up his parental rights and allowing you to adopt his child once you marry the child's mother. Consult with an attorney and see if this is possible. If so, have the attorney draw up a letter notifying the father of your intent to enforce his parental obligations as long as he continues to assert to his parental rights. This might bring him around.

Good answer. US Courts are very prejudiced against deadbeat dads.

Unfortunately I have known women who abused the system just to get money and vice-versa -- one sleaze dad who took the kids just so he wouldn't have to hand out money to his ex.

Glad to see the system could be used for good.

[NArocks 13]

Definatly need to get a good Immigration/Family attorney. AS the Dad is in the states is the father a Citizen? Maybe she can come after him for child support that way and get him to release the child so you, she and him and get on with the life you all deserve. Good Luck

[hniHnitsuJ 8]

Hello Everyone!

I hope someone can help us here. Our interview was tuesday the 23rd. We got a blue slip asking for an updated "Quit Claim", since my fiance has a 4 year old son. His father has not been in his life since he was 5 months old. The father is now in the states, and refuses to cooperate. He is calling the boys mother stupid, and making unreasonable demands before he will give her the "Quit Claim" letter. He is saying that he will help only under these conditions:

Since the BAD guy from the state. I would suggest you to ask your finace to filed a child support for all these years that he never take care his son. Accornding to Viet Nam, and US law. Any person has a child with vietnamese girl will allow to filed a child support from that country. Find out where his lives, and where his works. Submit the paperwork to IRS, and they will automatic deductible money from his pay check.

Good luck.

[Gary and Alla 3,694]

You have received some good advice. One note: The IRS will not deduct money from his pay check. The STATE where he works will do that and they will report unpaid child support to the IRS. The IRS will deduct the amount from any tax return funds due and pay this TO THE STATE, who will then re-imburse you.

Usually in this case...money talks.

Now for advice to other readers. Read through the process before you file the peitition! Take care of these things before you file the petition. The OP has given the estranged father a lot of leverage in that now they have no choice but to deal on his terms. Take of these things FIRST when you have some bargaining power and before the clock starts running on your petition approval. Follow the process to its conclusion...AOS, and look for anything that will be a hurdle to jump. Jump it BEFORE you file the petition.

[TomT2566 1]

If he was in Vietnam you'd have a better chance of "persuading" him. Unfortunately, you absolutely NEED his permission for his son to emigrate. Sole custody or other such arrangements are not sufficient.

Is that a Vietnam-specific requirement or does it apply to every country? (Kazakhstan, also, for example?)

[Gary and Alla 3,694]

If he was in Vietnam you'd have a better chance of "persuading" him. Unfortunately, you absolutely NEED his permission for his son to emigrate. Sole custody or other such arrangements are not sufficient.

Is that a Vietnam-specific requirement or does it apply to every country? (Kazakhstan, also, for example?)

Which requirement? The absent parent letter or being easier to persuade? Most all countries require some form of permission IF the father is listed on the birth certificate, some even if he isn't, if you can believe that!

Check your consulate requirements for interview documents required. If it is needed they will say so. Most consulates require one of these things...

1. Letter of permission allowing the mother to relocate the child permanently to the USA. It MUST state permanently and MUST state USA.

2. Court order of sole custody and transport rights

3. Death certificate of father

4. Certificate of "no Father" Some countries have this, really! Ukraine does. If the father is not listed you have to get this "certificate of no father". There may be other countries like this and since Kazakhstan is also FSU, it may have this rule. Ukraine's rule is a leftover from the Soviet Union.

To the OP, I guess the HCMC consulate can require this but seems strange since the letter must specify the permission is "permanent" We had crossed this bridge before filing the petition and our letter was more than 6 months old when we had the interview. I contacted the consulate prior to the interview and asked about this. Someone told Alla it had to be dated within 90 days of the interview. Not so, I was told if the letter said "permanent" (which it must) then it means "permanent". We had no problems or questions about it.

[JimVaPhuong 4,863]

If he was in Vietnam you'd have a better chance of "persuading" him. Unfortunately, you absolutely NEED his permission for his son to emigrate. Sole custody or other such arrangements are not sufficient.

Is that a Vietnam-specific requirement or does it apply to every country? (Kazakhstan, also, for example?)

Every consulate is going to require some sort of evidence that the beneficiary is not violating the parental rights of the other parent, and "kidnapping" the children, before it will issue a visa for them. There does seem to be some variation in exactly what evidence they'll take at different consulates. The consulate in Ho Chi Minh City specifically asks for a "quit claim" from the parent who is not immigrating with the children. They won't accept divorce documents alone at HCM, even if sole custody is explicitly stated. This might be because divorce courts in Vietnam rarely strip a non-custodial parent of his/her parental rights - they are still allowed to be involved in the lives of their children, and participate in decisions affecting them, though they often do not. The consulate in HCM doesn't explain their policy, so we can only speculate. The questions in this thread piqued my curiosity enough to cause me to write an email to the consulate in HCM asking for specific requirements. I'm still waiting for a response.

You should check with the consulate and see what they'll want, and work on getting it as soon as possible.

BTW, my comment on the chances being better if the father was in Vietnam has to do solely with money. Everyone has their "price". There's a good chance that the "price" for a father living in Vietnam would be affordable to an average America, whereas the "price" of a father living comfortably in the US is more likely to be out of reach.

[TomT2566 1]

If he was in Vietnam you'd have a better chance of "persuading" him. Unfortunately, you absolutely NEED his permission for his son to emigrate. Sole custody or other such arrangements are not sufficient.

Is that a Vietnam-specific requirement or does it apply to every country? (Kazakhstan, also, for example?)

Which requirement? The absent parent letter or being easier to persuade?

My question was in regard to the absent parent letter. I take it from Jim's post that Vietnam is less flexible than other consulates. OK, I'll send an inquiry to the U.S. Consulate in Kazakhstan.

[JimVaPhuong 4,863]

If he was in Vietnam you'd have a better chance of "persuading" him. Unfortunately, you absolutely NEED his permission for his son to emigrate. Sole custody or other such arrangements are not sufficient.

Is that a Vietnam-specific requirement or does it apply to every country? (Kazakhstan, also, for example?)

Which requirement? The absent parent letter or being easier to persuade?

My question was in regard to the absent parent letter. I take it from Jim's post that Vietnam is less flexible than other consulates. OK, I'll send an inquiry to the U.S. Consulate in Kazakhstan.

I don't know if the consulate in HCM is less flexible, because I've only read about similar cases at a handful of other consulates. In each of the cases I've read about, the quit claim or something similar was required. There may be consulates that will accept a divorce decree that specifies sole custody. I simply don't know.

[ScottThuy 140]

I don't know if the consulate in HCM is less flexible, because I've only read about similar cases at a handful of other consulates. In each of the cases I've read about, the quit claim or something similar was required. There may be consulates that will accept a divorce decree that specifies sole custody. I simply don't know.

I know without a quit claim (a recent one at that) I am SOL with The office in HCMC... at this point $ is the only option to make it happen as the father has the upper hand in a major way and he's pissed the I have his girl.