CR2 Legal Custody Requirement - CHINA

[peter.chou 3]

My wife is doing CR1 and CR2 for my stepson. He is 9 years old. We understand a letter from my wife's ex would be perfect. But we are unable to get such a letter agreeing my stepson to immigrate to the states. So what we did is, we got a notarized guardian document stating: my wife is the legal guardian of my stepson. Will this guardian certificate satisfy the requirement? Will we have any issues in interview? Anyone has the similar issue?

[Darnell 8,479]

it sorta depends.

She's a divorce document, and roughly translated, there is a statement about fostering percentage.

Whatcha got, what's in there, for fostering percentage?

I've never, ever heard of a 'notarized guardian document' before, ever.

Did I say never, ever? I meant that, sincerely. But - that's not to say one doesn't exist (as you've got a copy in yer hands) but IMO,

if the divorce decree gives her 100 fostering (see note below) then by China Standards, she's the one in charge. Guangzhou IV doesn't see it that way, alas. They want the permission letter or death certificate of the ex-spouse.

So, I cannot say if this document will suffice, at all. What is the impediment to obtaining the biological father's permission to immigrate to USA?

*note -

In China, in the divorce decree, 100 percent fostering statement always means 'that parent' has full legal custody of the Child. Due to a translation error from an incompetent chinese worker 4 years ago, the fostering statement is ignored for all CR-2/IR-2/K-2 casefile types.

[peter.chou 3]

it sorta depends.

She's a divorce document, and roughly translated, there is a statement about fostering percentage.

Whatcha got, what's in there, for fostering percentage?

I've never, ever heard of a 'notarized guardian document' before, ever.

Did I say never, ever? I meant that, sincerely. But - that's not to say one doesn't exist (as you've got a copy in yer hands) but IMO,

if the divorce decree gives her 100 fostering (see note below) then by China Standards, she's the one in charge. Guangzhou IV doesn't see it that way, alas. They want the permission letter or death certificate of the ex-spouse.

So, I cannot say if this document will suffice, at all. What is the impediment to obtaining the biological father's permission to immigrate to USA?

*note -

In China, in the divorce decree, 100 percent fostering statement always means 'that parent' has full legal custody of the Child. Due to a translation error from an incompetent chinese worker 4 years ago, the fostering statement is ignored for all CR-2/IR-2/K-2 casefile types.

Starting Dec. 2011, Chinese government started issuing "legal guardian" notarized certificate based on divorce court order. So it's a new thing, not sure how VO reads the "notarized legal guardian" document.

Also, my wife's court order reads something like: "the child lives along with my wife, and child support payment should be bore by my wife". That's how they translate. Is that enough?

You know, Chinese people treat boys differently than girls. The ex simply does not want to talk and do anything on this.

[Ryan H 3,829]

Moved from IR-1/CR-1 Process & Procedures to China regional forum; topic is country specific.

[Robby999 1,024]

This is copied from the Guangzhou embassy website's FAQ's.

17. I don't understand the concept of domicile. Please check travel website for further information about what constitutes a domicile and how domicile requirements can affect immigrant visa applications.

18. I'm divorced and applying for an immigrant visa. Do I need permission from my ex-spouse to take our child to the United States?

The Consulate generally accepts either a notarized copy of the custody agreement currently in effect, or a notarized statement from the ex-spouse giving the child permission to travel. This requirement can vary, however, according to the circumstances of each case, and is ultimately at the discretion of the adjudicating consular officer.

<a name="B19">19. What is a priority date and where can I find more information about it?

For numerically limited visas, petitions are processed in the order of their priority dates. For family-based visas, the priority date is the date when the petition was filed at the relevant USCIS office. For employment-based visas, the priority date is typically the date the labor certification application was received by the U.S. Department of Labor.

See current priority date information.

I think it will depend on the interviewing officer ! Here is the link if you want to check out the FAQ's for Guangzhou!

http://guangzhou.use...cn/iv_faqs.html

[Darnell 8,479]

so, using that wording, 'custody agreement already in effect', trying to see if it's equal to 'legal guardianship document' -

i think they might be functionally equal.

But that's only a thought.

For clarification, please find Eunice Wang in Guangzhou, she is a part time worker for Marc Ellis, and she know's her stuff very well. I sense she can 'shed _the_ light' on this one issue.

You'll need to contact Marc and ask for Ms. Wang's contact info...

[peter.chou 3]

so, using that wording, 'custody agreement already in effect', trying to see if it's equal to 'legal guardianship document' -

i think they might be functionally equal.

But that's only a thought.

For clarification, please find Eunice Wang in Guangzhou, she is a part time worker for Marc Ellis, and she know's her stuff very well. I sense she can 'shed _the_ light' on this one issue.

You'll need to contact Marc and ask for Ms. Wang's contact info...

To me, the word "guardianship" may be interpreted differently country by country, and state by state. We will provide Court Order (stepson shall live along with her mother, all live support expenses shall be bore by my wife), and government issued the "legal guardianship certificate" (a new thing in China, not available before Dec., 2011, Gov. started providing the certificate in Jan 2012).

Also, I will write a letter for my wife, stating: living with + all expenses bore by my wife EQUAL to FULL Fostering Right EQUAL to USA Physical + Legal Custody. Just in case this becomes ugly, and hopefully my wife may submit it to the VO when really needed and at the proper timing.

[peter.chou 3]

Recently, someone with the latest government issued "legal guardian document" denied for CR2 visa. Looks like, it really depends on the VO. What options do we have other than the letter from the ex? (we are unable to get the agreement letter from the ex, who is an extremely unreasonable person, does not provide any bit of child support, does not visit the son since the kid is 2 and for past 7 years, but still does not want to give the letter).

Please help!

Edited May 25, 2012 by peter.chou

[Darnell 8,479]

Please to find Eunice Wang in Guangzhou. She can assist with other paperwork. You can find her through Marc Ellis and yer use of Google-Fu

Good Luck !

[peter.chou 3]

Please to find Eunice Wang in Guangzhou. She can assist with other paperwork. You can find her through Marc Ellis and yer use of Google-Fu

Good Luck !

Hi, Darnell, is this his web site? http://www.marcellislaw.com/

Thanks for the advice! I appreciate it great deal.

[Darnell 8,479]

[YES]