Quit Claim

[ScottThuy 140]

Thuy naively agreed to marry someone years ago but never had a ceremony just signed a paper with him... They had an engagement party/picnic -- nothing like what we had in April.... and there was a bunch of wine and they ended up with a son as a result. It was not a consentual thing as she had the bruises to show after.. Not long After the party she told him she did not want to marry him and they were never together as a couple... The government looked at her as married since she signed the paper with him and he fathered her child (Hoang has never lived with his father)... He said he would not agree to a divorce even though he is with another woman for years now... As we all know.. money can fix just about anything in VN... Long and short of it... the powers that be in Hanoi were persuaded to process the divorce and even though he disagreed.. (I like the way that system works at times)...it went through... She wants to bring her son with her or follow shortly after but I dont think I can strong-arm a quit claim the same as I did the divorce... I know he would love to extort money out of me to have her son come with her... He tried that when it came to the divorce. I dont want to give that abusive ####### a dime... I cant imagine Hoang ever finding out that I had to pay his father $... almost seems like he would be selling his son... I can't imagine finding out my dad sold me to someone for a few grand...

Any ideas other than paying him off? No way around the quit-claim?

[Anh map 2,098]

Another couple going through HCMC with similar quit claim problem. Could be a good resource for you. >>> http://www.visajourney.com/forums/index.php?showtopic=204405

[ScottThuy 140]

Another couple going through HCMC with similar quit claim problem. Could be a good resource for you. >>> http://www.visajourney.com/forums/index.php?showtopic=204405

Thanks,

I had seen that one... Difference being he is in The US and the guy I am dealing with is in VN.. aside from that they sound like peas in a pod...

[Anh map 2,098]

Hoi lo does seem to fix most issues. And your previous dealings have no doubt set a base line price in his head. I can't imagine there is any sort of family court in VN.

[ScottThuy 140]

Hoi lo does seem to fix most issues. And your previous dealings have no doubt set a base line price in his head. I can't imagine there is any sort of family court in VN.

I just talked to her and she says the divorce decree said she will make all decisions .. sole custody.. I dont know if that letter from VN govt will suffice.

[kevinbui86 0]

did she get the divorce decree yet? if not, pm me. i know someone who can help u out

[ScottThuy 140]

Yes she got it already... copy was sent with 129F... USCIS may get pissy since I sent a 100% viet version and didnt get it translated... I suspect an RFE for that

[Anh map 2,098]

Better to plan for the RFE and get the translation. Especially if you want to base the quit claim on what it says in the document.

From the I-129F instructions: Any document containing foreign language submitted to the Service shall be accompanied by a full English language translation which the translator has certified as complete and accurate, and by the translator's certification that he or she is competent to translate from the foreign language into English.

[aaron2020 11,651]

Hoi lo does seem to fix most issues. And your previous dealings have no doubt set a base line price in his head. I can't imagine there is any sort of family court in VN.

I just talked to her and she says the divorce decree said she will make all decisions .. sole custody.. I dont know if that letter from VN govt will suffice.

I believe the general understanding is that even if one parent has sole custody, it does not mean the non-custodial parent's rights are terminated. A non-custodial parent can always seek to change the custody agreement or court order for custody. Taking the child out of the country without the dad's permission, even though he does not currently have custody, is still child abduction.

From the US Consulate - Ho Chi Minh City website; http://hochiminh.usconsulate.gov/required_documents2.html

"If your children are immigrating with you but their other parent will not be immigrating, you must submit a quit claim for all minor children giving the other parent’s permission for them to immigrate to the U.S."

Paying off the dad may be distasteful, but it may be the most efficient way of getting things settled.

[ScottThuy 140]

She's getting a copy of what he signed to see exactly what he agreed to... The way I handled everything with the divorce he ended up agreeing to whatever they asked.... no choice in the matter.... so it could equate to a quit claim on both her and the son depending on how it was written. It seems they gave him a document to sign saying he agreed to the divorce and giving up his son... they told him he had to sign it... I only have the final order from the govt saying its complete and they are not married.

Also getting certified translations of all of them for the RFE I am expecting.

[JimVaPhuong 4,863]

I sent an email to the HCM consulate last week as a result of the other thread with the father residing in the US. I also asked in the email if there was any other means, short of a quit claim, that a mother could use to take her children with her to the US. It's not really necessary in my case because my fiancee can get the letter from her husband, but it would be less stressful for her if she didn't have to deal with her ex-husband. Even if he refused, her youngest daughter will be 18 in January, so we could just wait it out, if needed.

I'll post their response when I get it, but I'm not holding my breath. The US generally recognizes custody claims issued in other countries under the Uniform Child Custody and Jurisdiction Enforcement Act, but this generally only comes into play when a child is already in the United States and a claim is filed in another country for the return of that child. When it comes to actually issuing a visa for a child to enter to the US, they'd rather not take any chances with trying to interpret an order issued by a foreign government. I imagine they might make an exception if the foreign country is also a signatory to the Hague Convention on International Child Abduction, but Vietnam is not a signatory. I think they're going to insist on the quit claim, since it's the best guarantee that the father isn't going to file a claim later to have the child returned to Vietnam.

[aaron2020 11,651]

I sent an email to the HCM consulate last week as a result of the other thread with the father residing in the US. I also asked in the email if there was any other means, short of a quit claim, that a mother could use to take her children with her to the US. It's not really necessary in my case because my fiancee can get the letter from her husband, but it would be less stressful for her if she didn't have to deal with her ex-husband. Even if he refused, her youngest daughter will be 18 in January, so we could just wait it out, if needed.

I'll post their response when I get it, but I'm not holding my breath. The US generally recognizes custody claims issued in other countries under the Uniform Child Custody and Jurisdiction Enforcement Act, but this generally only comes into play when a child is already in the United States and a claim is filed in another country for the return of that child. When it comes to actually issuing a visa for a child to enter to the US, they'd rather not take any chances with trying to interpret an order issued by a foreign government. I imagine they might make an exception if the foreign country is also a signatory to the Hague Convention on International Child Abduction, but Vietnam is not a signatory. I think they're going to insist on the quit claim, since it's the best guarantee that the father isn't going to file a claim later to have the child returned to Vietnam.

Good post.

Even if the divorce decree states that the father was making a quit claim on the son, the US consulate may insist on a stand alone document indicating that the father agrees to let his child immigrate to the US. It's doubtful that the divorce decree contains anything about letting the child immigrate to another country. The consulate has it's own procedure and may insist on it being followed explicitly. Best thing to do is to check with the consulate on this matter.

[ScottThuy 140]

Well I think I am SOL or I should say her son is... she said he wont agree even for money... You know that whole first son thing and all... at least her son will be with her sister when she comes here... and I can be sure that he is living a good life there or the best he can... 10 years before he is 18... pretty messed up that he has no problem with his son living with her sister but not here with his mother...

[aaron2020 11,651]

Well I think I am SOL or I should say her son is... she said he wont agree even for money... You know that whole first son thing and all... at least her son will be with her sister when she comes here... and I can be sure that he is living a good life there or the best he can... 10 years before he is 18... pretty messed up that he has no problem with his son living with her sister but not here with his mother...

Parents can be really sh*ty when the breakup is nasty. Often one or both parents used the kids as pawns to get revenge or just to make the other person suffer. Making mom choose between her new spouse and her child is f. up. However, perhaps, the father is afraid that he will lose his son forever if he immigrates to the US. By no means am I defending this guy - just tossing out a potential viewpoint that the father may hold.

I wish you and your family the best of luck.

[ScottThuy 140]

If I were in his shoes I would not agree unless I knew it was what was best for my son in the long run... I actually have a son from a previous marriage and fought to get custody as his mother has mental health and substance abuse issues.. currently in state custody.... again.... I would actually expect him to man up and fight to get his son to live with him and be a part of his life (like I did) rather than a trophy that resides with his ex's sister.

I wish he was here now as he and my son would be having a blast during summer break now together...