Custody Documentation

[jlvr 1]

In the section for documents required for appointment NVC processing there is a listing for custody documentation that says

In support of the Immigrant Visa Petition for Alien Relative, the adoptive parent and/or petitioner must provide:

1.A certified copy of the adoption decree;

2.The legal custody decree; if custody occurred before the adoption;

3.A statement showing dates and places where child resided with the parents; and

4.If the child was adopted while aged 16 or 17 years, evidence that the child was adopted together with, or subsequent to the adoption of, a natural sibling under age 16 by the same adoptive parent(s).

This seems to only refer to children that are filing as adopted. Is that the case?

[Deputy Purple 1,294]

This very Embassy specific.

In some countries if you are bringing your future spouse's child then you must prove either that the child's other parent has no legal rights OR they consent to the child immigrating to the US.

But then there is the Philippines (for example) where by law the mother has Sole Custody (and therefore Legal Parental Rights) to any child born out of wedlock even if the biological father signed the birth certificate. In this case there is no consent required.

[trailmix 77]

What information are you actually looking for? Information required for a biological child of the immigrant?

If so, you will want to look at the Reciprocity by Country page.

Just choose the country from the drop down list then have a look at Divorce and Child Custody Records

Or not, in just looking at the page for Jamaica, there is no mention of it, odd.

Guess it would be best to email the consulate directly kingstonivinfo@state.gov.

Edited May 13, 2010 by trailmix

[jlvr 1]

The letter will be from their mom to come live with me and their dad. What does it need to say? Is a basic "I consent to my children ___ and ___ leaving the country." enough?

[NArocks 13]

There was no mention of this until we received an RFE from the NVC, we then got a notorized letter from the mother stating she allows the children ( one for each ) to immigrate to the US. Then when they left colombia they also needed a diffiernt letter for the government of Colombia to allow them to leave the country with only one parent.

[jlvr 1]

I wish that was more clear in the instructions.

[sus 70]

Jlvr, reach out to Dillon, Brownskinn, Islandwoman, Finesse - they have all done it.