Requirements to bring spouses children

[Trojans Fan 7]

Hello,

I have looked over this forum from time to time to get answers but have not found a definitive answer to my question and was hoping that people that have gone through my same situation could tell me what they had to do in this case.

I married Brazilian woman who has two children. She has a written document from her ex-husband stating that the children may travel to the USA so she should be able to get passports for all three of them. I have heard that there is a difference between a signed document stating that the children can "travel" to another country and a signed document allowing the children to "reside" in another country. Is this true? I don't want to get to the airplane terminal to find out that they won't let our kids travel with my wife and I because we didn't have the proper authorization. If anyone has married a foreign spouse and brought children into the country, please let me know what you had to do. (Preferably from Brazil)

Edited March 6, 2012 by Trojans Fan

[aaron2020 11,651]

The US Embassy will not issue immigration visas to the children until they are satisfied with a properly executed release from the biological father.

[Trojans Fan 7]

1) When and where does this decision take place?

2) So if my family has immigration visas on their passports at the time of boarding the airplane, there is no reason they would be held back, correct?

Edited March 6, 2012 by Trojans Fan

[aaron2020 11,651]

1) When and where does this decision take place?

2) So if my family has immigration visas on their passports at the time of boarding the airplane, there is no reason they would be held back, correct?

1. At the children's interview for their immigration visas, the US Embassy should have addressed the release from the biological father if it was required.

2. Not from the US's perspective, the kids are fine if they have their immigration visas. However, the laws of the home country does come into play. If the father has any parental rights and he wants to stop them from leaving, he can resort to the laws of his country.

[ISIS AND TROY 5]

Hello, I am going through the spousal visa process with my two children as well. I am the beneficiary.

First: In order to the federal police make passports to the children, their biological father needs to sign an authorization for that, but it pertains just to the document itself, it won't serve to present as a travel authorization, I also had to get my kid's biological father's ID card copy, one for each children and give them as part of the documentation to the federal police.

Second: If the biological father will allow the children to relocate with their mom permanently to america, there's another document called "Parent's consent for minor child" that he should sign. Here's the model:

PARENTAL CONSENT FOR MINOR CHILD

I (name, address, phone of parent giving consent) the (father or mother) of (name and address of child) give permission to (name, address, phone number of your fiancée in his/her country) the (father or mother) of (name of child) to relocate the child permanently to the United States of America. I acknowledge that (name of alien fiancée) has no outstanding obligations to me.

This permission is granted for the purpose of obtaining a visa to the United States for permanent residency and for all future travel to and from (name of alien’s country) and the United States until the time the child is of legal age to travel without the need for this permission.

__________________________________

Signature of Parent giving consent

This form must be notarized. You must attach a copy of the ID for the parent giving consent.

I am currently at the NVC stage and this document hasn't been required from me yet, but it's ready and if they don't ask me I will take to the interview and present to them. Make extra copies for it in case the officers decide to keep one in Brazil before she leaves with the children. Just to make sure I have done the same one but in portuguese version, with extra copies as well. I will have their biological father sign a common travel authorization though, it doesn't hurt to be very accurate

Ah and if you haven't filed the petitions yet, you need to know that each children will have their own case numbers and pay fees too, as well at the NVC stage: AOS (Affidavit of Support) and IV packet for each one as well as the individual fees.

I hope it helps, let me know if you have other doubts or concerns, I have struggled to find out this information as it doesn't seem to have much about it here.

Edited March 7, 2012 by ISIS AND TROY

[Trojans Fan 7]

Thank you, this information has been very helpful.

Edited March 7, 2012 by Trojans Fan