No consent letter for my child

[clione 0]

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,

[Deputy Purple 1,294]

Find the part of Japanese civil code that states the non-custodial parent has no legal rights over the child and bring it to the Embassy on your interview date.

Even though the country is different, we provided the NVC with a letter stating that since her son was born out of wedlock she has sole custody of him and the biological father has no parental rights. We also included a copy of the section of the Philippine Family Code that stated this.

NVC accepted this and there was no question about it at her interview.

[clione 0]

Find the part of Japanese civil code that states the non-custodial parent has no legal rights over the child and bring it to the Embassy on your interview date.

Even though the country is different, we provided the NVC with a letter stating that since her son was born out of wedlock she has sole custody of him and the biological father has no parental rights. We also included a copy of the section of the Philippine Family Code that stated this.

NVC accepted this and there was no question about it at her interview.

Hello, Bob 4 Anna,

Thank you so much for your reply. It's very useful information. My husband explained about the part of the Japanese civil code in his cover letter. I hope they will accept it.

Thank you so much again.

Clione

Edited July 16, 2010 by clione

[Mike n Huong 1]

I am applying for my Step-Son who lives in Vietnam. From what I have read and have been told, the U.S. Law would require you to get the father of the child to write a letter which should be stamped by the local authorities stating all the fathers info (DOB, Address, and any other important info) and in the lette he should state that he is allowing his son/daughters name, DOB, to go live with his mother in the United States. My wife also has full custody but this paper is still required. When she got her Visa her son was not allowed to come with her due to not having this paper. Her ex finally agreed to let her son come here and he wrote the letter and we are in the process now. I would definately ask if this paper is needed so it does not delay the process.

Good Luck and I hope that if you need this letter you will be able to get it.

Hello, Bob 4 Anna,

Thank you so much for your reply. It's very useful information. My husband explained about the part of the Japanese civil code in his cover letter. I hope they will accept it.

Thank you so much again.

Clione

[clione 0]

I am applying for my Step-Son who lives in Vietnam. From what I have read and have been told, the U.S. Law would require you to get the father of the child to write a letter which should be stamped by the local authorities stating all the fathers info (DOB, Address, and any other important info) and in the lette he should state that he is allowing his son/daughters name, DOB, to go live with his mother in the United States. My wife also has full custody but this paper is still required. When she got her Visa her son was not allowed to come with her due to not having this paper. Her ex finally agreed to let her son come here and he wrote the letter and we are in the process now. I would definately ask if this paper is needed so it does not delay the process.

Good Luck and I hope that if you need this letter you will be able to get it.

Hello, Mike n Huong,

Thank you so much for your reply.

As I researching, I noticed it little by little but I was not sure yet.

After I read your experience and I understand the US policy now.

I haven't decided yet but I got to know I really need to contact to my ex to get his permission.

Thank you for your wish.

I like your profile picture, so beautiful.

God bless you.

Clione

[clione 0]

Did anyone have any experience getting approved for the child at NVC process without consent letter from non custodial parent?

[Deputy Purple 1,294]

I am applying for my Step-Son who lives in Vietnam. From what I have read and have been told, the U.S. Law would require you to get the father of the child to write a letter which should be stamped by the local authorities stating all the fathers info (DOB, Address, and any other important info) and in the lette he should state that he is allowing his son/daughters name, DOB, to go live with his mother in the United States. My wife also has full custody but this paper is still required. When she got her Visa her son was not allowed to come with her due to not having this paper. Her ex finally agreed to let her son come here and he wrote the letter and we are in the process now. I would definately ask if this paper is needed so it does not delay the process.

Good Luck and I hope that if you need this letter you will be able to get it.

Per USCIS Statutes, if the intending immigrant has TRUE sole custody (as in the other parent has to legal parental rights) then all you need to do is include a letter (not a note in the coversheet) that states the following:

1) Intending immigrant has SOLE custody and the other parent has NO Parental Rights.

2) Circumstances of the other parent having no parental rights (such as they have died, rights were removed by a court, never had rights under country's family code, etc)

3) Mention the documentation that you are including to prove #2 (this can be death certificate, copy of court order/ruling, copy of the section of national law which governs the circumstances)

4) Copies of the documentation mentioned in #3.

In our case we included a copy of Gabby's birth certificate which listed Anna as unmarried at the time if his birth and a print-out of the section of The Philippine Family Code which stated that the Single Mother has sole custody and parental rights to any child born out of wedlock.

If the other parent has even the slimmest bit of parental rights then you will need the consent form.

[clione 0]

Per USCIS Statutes, if the intending immigrant has TRUE sole custody (as in the other parent has to legal parental rights) then all you need to do is include a letter (not a note in the coversheet) that states the following:

1) Intending immigrant has SOLE custody and the other parent has NO Parental Rights.

2) Circumstances of the other parent having no parental rights (such as they have died, rights were removed by a court, never had rights under country's family code, etc)

3) Mention the documentation that you are including to prove #2 (this can be death certificate, copy of court order/ruling, copy of the section of national law which governs the circumstances)

4) Copies of the documentation mentioned in #3.

In our case we included a copy of Gabby's birth certificate which listed Anna as unmarried at the time if his birth and a print-out of the section of The Philippine Family Code which stated that the Single Mother has sole custody and parental rights to any child born out of wedlock.

If the other parent has even the slimmest bit of parental rights then you will need the consent form.

Thank you so much, Bob 4 Anna.

I just feel uneasy.

My NVC process was already completed in June and I am waiting for my child's case will be forwarded to US embassy in Japan.

I don't want to leave my child in Japan. But my husband wants me to come to US as soon as possible. We've lived separately for a year by now. We haven't seen each other for several months. It's tough.

Thank you so much again.

Clione,

[Deputy Purple 1,294]

Clione,

Have the documents I listed available on your interview day. The employees at the Embassies are pretty keen on local laws regarding this stuff. When they ask for the proof what they're most interested in is the stuff that shows "SOLE LEGAL CUSTODY" which is that their biological father has NO LEGAL PARENTAL RIGHTS. If you prove this then there is no consent needed.

Part of International Treaty is that the US recognizes the laws of the other nation.

[clione 0]

I sent court documents etc for the custody REF to NVC a month ago, We haven't heard anything from them...:*(

[clione 0]

Thank you so much for all your help, Bob 4 Anna, Finally my kid's case was just completed at NVC. Thank you so much again.

And thank you to everyone.

Edited August 24, 2010 by clione

[Deputy Purple 1,294]

Congrats!

Wow it took NVC a while to confirm the custody situation but once you're here the delay will quickly be forgotten.