Apology to ShellyT and questions anyone can help me with!

[mandyt 0]

Good day,

Frustration is a hell of a thing. I had no reason to snap at you. I just feel frustrated that all the necessary documents sent by Petitioner has to be mailed to me from him. I find that as being irresponsible by the NVC, if they lose paperwork. I am sorry.

My question is I have seen someone's Interview Letter and at the back there is a Checklist, I was of the understanding that anything that I sent to the NVC and whatever else they request in the letter would be all that I would take to the Interview.

I also have this question, My father is the one who filed for me in the F1 Category. I placed my 14 year old daughter's name on the DS-230 stating that she will be accompanying me to the U.S. This is the question will the CO need a written letter of permission from her (dead beat) father to say he supports the move? I am the only parent she knows for all of 14 years and counting. I don't know if he is dead or live and I don't care. Please respond as I am awaiting your response.

Again ShellyT I am so sorry I snapped at you. I feel frustrated, especially about my daughter because if that were the case I would not know what to do.

Thanks.

[NigeriaorBust 4,087]

For ANY child where a parent is named on the birth certificate the non immigrating parent must sign attesting to their willingness to have the child move to the US. The way around that is to have yourself declared to have sole custody of the child by the local courts or maybe you in case have him declared to have abandoned his right or presumed dead. You should do whatever as soon as possible because these things take time , even when it seems like the US immigration machine is the slowest thing on earth.

[pgbeau1 2]

To answer your question, I can only give you some general information.

Your individual circumstances affect what kind of permission you might need from the father, and your country might affect what you need as well.

I can address your individual circumstances: were you ever married to the father? if so are you divorced? if so do you have a child custody agreement as part of that divorce?

If not married, is the father listed on the child's birth certificate?

You may not need a permission for the CO if you were never married, but you will possibly need a permission to leave the country with the child if the father is listed on the birth certificate. Some countries require an order from a judge giving you full custody, and you need that for customs for the child to exit your country.

It can take time to track down the father and get papers drawn up by a lawyer and get the father's signature; even MORE time if you have to go to court for judge's order. You must get moving on these well ahead of time because it might take months to get a decree from a judge.

Those are some of the possibilities. If you answer some of those questions more specific advice can be given, I'm sure others will respond once you provide more info.

[mandyt 0]

For ANY child where a parent is named on the birth certificate the non immigrating parent must sign attesting to their willingness to have the child move to the US. The way around that is to have yourself declared to have sole custody of the child by the local courts or maybe you in case have him declared to have abandoned his right or presumed dead. You should do whatever as soon as possible because these things take time , even when it seems like the US immigration machine is the slowest thing on earth.

Why was I notified by the NVC of this. She was the derivative on my DS-230 form? If this was needed I would hope to have been notified sooner. In my country I have never heard of this, especially when it's not the Child's Father who is doing the filing. In Jamaica it is typical for men to not take care of their children. A lot of these women are poor and have migrated and hence would not try the Court System. Also in Jamaica it is mandatory that father's name is on the child's Birth Paper

Thank you.

Edited September 14, 2010 by mandyt

[mandyt 0]

To answer your question, I can only give you some general information.

Your individual circumstances affect what kind of permission you might need from the father, and your country might affect what you need as well.

I can address your individual circumstances: were you ever married to the father? if so are you divorced? if so do you have a child custody agreement as part of that divorce?

If not married, is the father listed on the child's birth certificate?

You may not need a permission for the CO if you were never married, but you will possibly need a permission to leave the country with the child if the father is listed on the birth certificate. Some countries require an order from a judge giving you full custody, and you need that for customs for the child to exit your country.

It can take time to track down the father and get papers drawn up by a lawyer and get the father's signature; even MORE time if you have to go to court for judge's order. You must get moving on these well ahead of time because it might take months to get a decree from a judge.

Those are some of the possibilities. If you answer some of those questions more specific advice can be given, I'm sure others will respond once you provide more info.

To answer you question No we were never married. Yes his name is on the Birth Paper because it is mandatory to have it in Jamaica, that causes a lot of problems. She was issued a visa and has traveled without any problems. My point is the NVC knew about her why didn't they tell me ahead of time. Had it not been for me just out of curiosity I would not even be aware of this madness. Time wasted can never be regained.

Thanks for your response.

Edited September 14, 2010 by mandyt

[Inky 1,110]

the US is part of the NO ABDUCTION thingy ( forget the big name ) if you are moving or traveling there you MUST have a letter stating that you have sole custody ( with documents to prove it ) or have the letter from the other parent allowing you to bring the child and stating they know its moving and is allowing it.

Growing up we always had to have a letter from our father even just crossing the canadian border saying we were allowed to vacation for 2 weeks with my mother in the US. They were married and still together and we still had to have the letters.

[mandyt 0]

the US is part of the NO ABDUCTION thingy ( forget the big name ) if you are moving or traveling there you MUST have a letter stating that you have sole custody ( with documents to prove it ) or have the letter from the other parent allowing you to bring the child and stating they know its moving and is allowing it.

Growing up we always had to have a letter from our father even just crossing the canadian border saying we were allowed to vacation for 2 weeks with my mother in the US. They were married and still together and we still had to have the letters.

I am in serous trouble then. Everyone keeps saying to take a letter. Anyone can sign a letter. I will not commit fraud to enter America. I know you weren't telling me to do this. You see Immigration has never stopped her visiting America, no consent, not even from me. She once traveled with my mother. I am mad, angry and miserable. Cant' I write a letter stating the facts of his disappearance and sign to it in the presence of the CO. I am screwed.

Thanks.

[NigeriaorBust 4,087]

I don't know much about the laws there , but can you hire a detective to look for you ex? Maybe you can use that to show that you have sole custody of a child , by establishing abandonment. Immigration doesn't care about human feeling they write a bunch of rules and you are supposed to know how they affect you and how long it takes to comply.

[RICARDO4EVA2 194]

I don't know much about the laws there , but can you hire a detective to look for you ex? Maybe you can use that to show that you have sole custody of a child , by establishing abandonment. Immigration doesn't care about human feeling they write a bunch of rules and you are supposed to know how they affect you and how long it takes to comply.

IF the embassy in Jamaica should request a letter from the father. Then you would submit a letter stating the whereabouts of the father is unknown, also you could perhaps get some certified letters from Your Sister,BROTHER, Mother etc and maybe other letters from the other side of the family saying his whereabouts is unknown.

[Canadiandggal 49]

I tried to find any info i could on your situation and the laws of your country but came up with nothing. I would get in touch with a family law lawyer, They will usually give you a free consult over the phone or in person. It might be easier then you think

[SHELLY-T 1]

I am not the one to hold grudges so Mandyt apology accepted you have a pleasant day!

Edited September 15, 2010 by SHELLY-T

[MRStee 19]

Mandyt - First let me say that it was really admirable of you to apologize to Shelly.. this process is stressful enough without us coming at each others throats.

I believe at this point you need to have the father of your daughter "consent" to her coming to live in the US. We have a member of the yardie forum who is going through this as we speak. Yes, your daughter has "travelled" before without permission, but the intent was always for her to return. It's quite a different thing when you are speaking of her "moving" here.

Secondly, I hate to say this and please don't take offense but in reality NVC doesn't owe you any explanation about what paperwork you may have needed for her. It is up to us to do the research and find out what is required of us. Visa journey has been a great resource to all of us.

Don't spend your energy being upset. Just ask your daughter's father to sign a consent. That way you can whole-heartedly and confidently know that you did what was required of you.

I sort of understand why the embassy wants the info. Right now, I am currently trying to get a passport for my daughter so that she can travel with me and my husband back to Jamaica for vacation. I need consent from her father who the courts don't allow her to have contact with because of legalities. However, I did make sure that I had full custody of her and I have paperwork documenting so. Therefore, I shouldn't have any problems getting a passport for her.

Finally, ((((((((((((hugs)))))))))) to you! This process is not easy but you are strong and will deal with this head on. When you and your daughter are here, you will look back and laugh at how you reacted to certain things. I know I did and still do.

Best of luck to you on your journey

[mandyt 0]

I tried to find any info i could on your situation and the laws of your country but came up with nothing. I would get in touch with a family law lawyer, They will usually give you a free consult over the phone or in person. It might be easier then you think

In Jamaica they charge for everything. A free consultation is unheard of in Jamaica. I do appreciate your help. I did visit the Family Court, they say they have never heard of a situation where any single parent gets rejected for not having permission from the father or mother and they say if I go through the system it will take a long time because the courts are backed up.

Thanks again.

[mandyt 0]

Mandyt - First let me say that it was really admirable of you to apologize to Shelly.. this process is stressful enough without us coming at each others throats.

I believe at this point you need to have the father of your daughter "consent" to her coming to live in the US. We have a member of the yardie forum who is going through this as we speak. Yes, your daughter has "travelled" before without permission, but the intent was always for her to return. It's quite a different thing when you are speaking of her "moving" here.

Secondly, I hate to say this and please don't take offense but in reality NVC doesn't owe you any explanation about what paperwork you may have needed for her. It is up to us to do the research and find out what is required of us. Visa journey has been a great resource to all of us.

Don't spend your energy being upset. Just ask your daughter's father to sign a consent. That way you can whole-heartedly and confidently know that you did what was required of you.

I sort of understand why the embassy wants the info. Right now, I am currently trying to get a passport for my daughter so that she can travel with me and my husband back to Jamaica for vacation. I need consent from her father who the courts don't allow her to have contact with because of legalities. However, I did make sure that I had full custody of her and I have paperwork documenting so. Therefore, I shouldn't have any problems getting a passport for her.

Finally, ((((((((((((hugs)))))))))) to you! This process is not easy but you are strong and will deal with this head on. When you and your daughter are here, you will look back and laugh at how you reacted to certain things. I know I did and still do.

Best of luck to you on your journey

The problem is that I would easily ask for him to sign a letter of consent if I could only find him. I do not know if he is dead or alive. I know nothing of his whereabouts. It has been almost 15 years. I am just angry because had I known that i needed permission from him earlier I would have gone through the courts to get legal custody. But because of my curious nature I just posed the question and now I am disheartened to hear the reality. I have no idea how to contact this man.

Also I did go to the family court but they told me I would not get through until next year because the courts are backed up with a lot of cases. If only I had known earlier.

Thanks for your kind words.

[Sweetcheeksss 91]

I don't know anything about the laws regarding child custody in Jamaica so I really can't address that but for myself (I am a Canadian citizen), I am divorced from my son's father and he (my ex) has had NOTHING to do with our son since he was a month old. No contact, phone calls, visits, child support - nothing.

Even though the interviewer asked my son if he had any type of relationship with his father (my son answered no, he had never met him) the interviewer insisted that I go back to court and get my custody agreement to read "SOLE custody". He told me straight out, that they would not approve my visa (nor my son's) without having sole custody OR a notarized letter from my ex saying it was ok for my son to move to the US with me.

Good luck with everything - I feel your pain/frustration.