concerned

[Sergi9 110]

the father has no visitation rights to begin with

What happened was i received a letter from my sons biological father saying that on the 27th of september he will finally get to see him...

So basically you just got a letter from the boys father? If thats the case IGNORE it, let him do the work to get an attorney.

[bigdog 377]

Hi

We got married saturday the 13th of august and are now about to file for the adjustment of status.. unfortunately i got some news that shook me a bit regarding a court date that was on the 16th regarding my son.

I was wondering how laws worked once you got married , if the whole fact of not being able to leave the country overrides canadian laws or whatever..

What happened was i received a letter from my sons biological father saying that on the 27th of september he will finally get to see him... now his father has a criminal record so he cant cross the border... and well the only way i assume he would be able to see my son is if they come and took him away ... but now that im married and my son is considered naturalised citizen because of that can they do that or do the laws of the united states and immigration prevent them... i would really like some imput so i can calm down and stop freaking out over here

thanks ...

[bigdog 377]

Get all your documents, file for emergency ap, do not leave the country if you do not have the AP us will consider that you abandoned your previous filing., maybe others here can offer more advise, call uscis or an immigration attorney.

[newlyweds2010 208]

Simple letters (meaning non certified and without return receipt) get misplaced all the time nowadays...

[VanessaTony 3,567]

Hi

We got married saturday the 13th of august and are now about to file for the adjustment of status.. unfortunately i got some news that shook me a bit regarding a court date that was on the 16th regarding my son.

I was wondering how laws worked once you got married , if the whole fact of not being able to leave the country overrides canadian laws or whatever..

What happened was i received a letter from my sons biological father saying that on the 27th of september he will finally get to see him... now his father has a criminal record so he cant cross the border... and well the only way i assume he would be able to see my son is if they come and took him away ... but now that im married and my son is considered naturalised citizen because of that can they do that or do the laws of the united states and immigration prevent them... i would really like some imput so i can calm down and stop freaking out over here

thanks ...

First as others have said your son is not a naturalised USC. So get that out of your head.

Also, Canada will not care about the immigration requirements of the US. So being unable to leave the US until you have your GC will mean nothing.

I disagree with advise to ignore the letter but agree with advise to calm down. First WHAT is the letter? Just a hand-written letter? Email? Or is it an actual Court document? Have you been served with papers? Do NOT throw the letter out and instead keep it, also the envelope if you still have it. The reason for this is if your ex claims he doesn't know where you live and couldn't file you with Court papers you have evidence he DID know where you were and that he DID contact you but was obviously trying to mislead the court when claiming he didn't know where you were.

Next question, ruling from a Judge in order to come to the US?.. what did the Judge order? Your ex DOES have every right to challenge custody. You also have every right to challenge it. Typically your child won't have to attend either but again depends on what exactly the notice says. Given his history it's unlikely he will gain custody but he MIGHT get visitation rights. You would need to present proof as to why that would be bad.

His letter is interesting in that it specifies a date. He could be planning a visit, a court case, or a friend's visit. You have a Judge's order stating you have permission to leave Canada with your child. I believe you can also put a flag on your child's passport. This way if he DOES try and snatch your child (which I doubt) and tries to leave on his passport the alert will go out. Maybe alert your child's school that only you or whoever can pick up your child.

It sounds to me though that he's just picked some random date far enough out to have you freaking out for a month or so.. so don't let him win. You said he can't cross the border. You have a court order and full custody of your child. No problem

Edited August 19, 2011 by Vanessa&Tony

[Harsh_77 718]

he is not my ex husband we were never married we just had a child together .. and well my lawyer in canada is impossible to reach ive tried all day and he isnt there.. but ty for the imput

Then its time for you to change the lawyer, if your lawyer cannot be reached when you need him he is of no use.

You need a good family lawyer on canada side who can present your case to judge and stop your kids father from creating fuss when he was not present in kids life earlier.

I am not sure but someone from CA can chime in, I think even if you were not married you still might be required to have biological fathers permission for you to take the kid out of country on long term bases.

You and Kid both are still Canadian citizen, once you guys have your AOS process complete both of you still will be Canadian citizen with GC or perm resident of US.

In your case you have Family law and Immigration laws to deal with - unfortunately in your case you guys just got married means you have barely started the immigration process (AOS) and you might have to comply with some of order from judege in Canada, which in some case might make it difficult for your to comply with immigration reguirements.