sponsoring a spouse and stepkids

[mtlguy 59]

howdy,

My wife will be sponsoring me and my kids for a GC. I was looking at the I-130 instructions and came across this expression: A copy of civil marriage certificate showing the names of both parents, or proof that a parent/child relationship exists or existed (if you are petitioning for a stepchild, your marriage to the child’s parent must take place before the stepchild’s 18th birthday).

My ex-wife took off with the original marriage certificate. what exactly do they mean by: proof that a parent/child relationship exists or existed?? what type of document can satisfy this requirement?

I do have my custody papers, and a copy of the divorce. are these enough?

cheers.

[aaron2020 11,651]

howdy,

My wife will be sponsoring me and my kids for a GC. I was looking at the I-130 instructions and came across this expression: A copy of civil marriage certificate showing the names of both parents, or proof that a parent/child relationship exists or existed (if you are petitioning for a stepchild, your marriage to the child’s parent must take place before the stepchild’s 18th birthday).

My ex-wife took off with the original marriage certificate. what exactly do they mean by: proof that a parent/child relationship exists or existed?? what type of document can satisfy this requirement?

I do have my custody papers, and a copy of the divorce. are these enough?

cheers.

Your wife will need to file separate I-130s for you and your children.

Your ex-wife and the marriage certificate you had with her is not needed. You can go to the courthouse (or whichever agency keeps marriage records) and get a certified copy. You will need this and the divorce decree to show your previous marriage ended before your current one started (no bigamist please ).

Proof of a parent/child relationship: Wife provides photocopy of her marriage certificate to you which shows her relationship to you. With a child's birth certificate with your name on it and the marriage certificate, your wife can be linked to your child to show a stepparent/stepchild relationship. Now, that relationship must have been established before the child's 18th birthday (i.e., your marriage occurred to the US citizen stepparent prior to the child's 18th birthday). Your wife cannot petition for any child who was 18 or older when you got married.

The US Embassy will not issue visas to your kids if they are minors without either your ex-wife's written and notarized consent or a court order allowing the minor kids to immigrate. A divorce decree is not enough for this. You need either the consent or a court order.

[mtlguy 59]

Your wife will need to file separate I-130s for you and your children.

Your ex-wife and the marriage certificate you had with her is not needed. You can go to the courthouse (or whichever agency keeps marriage records) and get a certified copy. You will need this and the divorce decree to show your previous marriage ended before your current one started (no bigamist please ).

Proof of a parent/child relationship: Wife provides photocopy of her marriage certificate to you which shows her relationship to you. With a child's birth certificate with your name on it and the marriage certificate, your wife can be linked to your child to show a stepparent/stepchild relationship. Now, that relationship must have been established before the child's 18th birthday (i.e., your marriage occurred to the US citizen stepparent prior to the child's 18th birthday). Your wife cannot petition for any child who was 18 or older when you got married.

The US Embassy will not issue visas to your kids if they are minors without either your ex-wife's written and notarized consent or a court order allowing the minor kids to immigrate. A divorce decree is not enough for this. You need either the consent or a court order.

Thanks for the reply.

before leaving the country, my ex did in fact provide me with a notarized consent to travel freely with the kids for an unlimited amount of time. should that do the trick?

cheers.

[aaron2020 11,651]

Maybe. It depends on the language in the letter.

One problem you may have is that traveling freely is not the same as permission to immigrate. Your children can freely travel with you without immigrating. Your ex-wife will need to give her unambiguous consent to immigration. If the US Embassy is unsure because traveling freely is not the same as permission to immigrate, the visas can be denied.

[mtlguy 59]

Maybe. It depends on the language in the letter.

One problem you may have is that traveling freely is not the same as permission to immigrate. Your children can freely travel with you without immigrating. Your ex-wife will need to give her unambiguous consent to immigration. If the US Embassy is unsure because traveling freely is not the same as permission to immigrate, the visas can be denied.

what if she no where to be found? which is the case really. we haven't from her for over 18 months now. have no idea where she is. I guess I need to go to court and get this issue resolved!

thanks for the info.