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clione

No permission from bio father for my child

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Filed: IR-1/CR-1 Visa Country: Japan
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Hi Everyone,

I got REF (Custody) from NVC for my 14years old child to immigrate to US.

I have a sole physically and legal custody over my child and my ex didn't get visitation right.

We submitted the court documents with certified translation.(It's a kind of difficult to prove by certain words because both countries civil laws are pretty different though, we just tried to do my best.)

We're waiting for the results but the NVC operator said we need to wait 6-8 weeks to know it. I feel like it's very long. My visa process has been forwarded to the Emabassy already.

I'm worried so much about my child case, if they will accept it or not.

Does anyone have any simmilar experience at NVC?? How did you get over this issue?? Does anyone have any idea?

Next diificulty would be a interview at the Embassy.

According to US Embassy in Japan web, they wrote like this,

"I'm divorced; do I require permission from my ex spouse to take my child out of the country?

If you are divorced and you are applying for a visa for your child(ren) by a previous marriage, you will be required to present on the day of your visa interview proof that you have been awarded custody of the child(ren) by the court AND that permission has been given for the child(ren) to be taken out of Japan. "

It's not clear whose permission it was. I asked Embassy and they just said "bring the same documents (but the originals) you submitted to NVC."

let me add this information, Japanese court will never provided any permission instead of non-custodial parent, because basically they don't have any right anymore on the civil law here after the one side parent got the custody when they got divorced.

I haven't seen my ex for over 10 years and so did my child, it's very difficult even to see my ex. Lawyer is expensive here and I called one lawyer and he said it would cost about $3,000 or more for this case. I really can't afford to this now.

I'll be appreciated if you give me any information.

Clione,

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Filed: Citizen (apr) Country: Canada
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Topic moved from Removal of Conditions forum to CR-1 forum as this discusses issues related to obtaining the CR-1 visa

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