much confussion- custody of CR1 daugther

[aanu 7]

On my interview day i got 221g sheet to submit the court order regarding the custody of my daughter which i didn't have that time so after that i filled a court case in Delhi and the court awarded me a declaration of Natural Guardian i have won this case as single party.

I am confused will the embassy accept this declaration?I want to know a natural guardian appointed by court has right to take the child to another country? I have divorced the bio. father of my child and now married with an American man and my husband has filled Cr1 and Cr2 visa petitions

if some one knows pls advise me.

[canadian_wife 1,822]

Perhaps contact the consulate or ask in the regional forums

good luck

[aanu 7]

BUT how to contact with the consulate?

[aanu 7]

On my interview day i got 221g sheet to submit the court order regarding the custody of my daughter which i didn't have that time so after that i filled a court case in Delhi and the court awarded me a declaration of Natural Guardian i have won this case as single party.

I am confused will the embassy accept this declaration?I want to know a natural guardian appointed by court has right to take the child to another country? I have divorced the bio. father of my child and now married with an American man and my husband has filled Cr1 and Cr2 visa petitions

if some one knows pls advise me.

[BeachMusic 8]

Since you're not getting a response still, please try to search the India portal to see if you find a similar case or try to Ask a lawyer or even the embassy to see if this is ok . Just throwing ideas out there.

[ramkan 1]

On my interview day i got 221g sheet to submit the court order regarding the custody of my daughter which i didn't have that time so after that i filled a court case in Delhi and the court awarded me a declaration of Natural Guardian i have won this case as single party.

I am confused will the embassy accept this declaration?I want to know a natural guardian appointed by court has right to take the child to another country? I have divorced the bio. father of my child and now married with an American man and my husband has filled Cr1 and Cr2 visa petitions

if some one knows pls advise me.

Same case here but we hv not yet filed for spouse visa....at the time of divorce u might hv got divorce decree in which the court gives orders abt custody of daughter...usually the mother gets the coustody of daughter with meeting rights awarded to father, . My second husband who is a usc enquired with the lawyars and they said that even if u hv the custody of daughter ..u need notorised NOC from husband stating that he has no objection regarding taking daughter to usa,,,,thats all is required...hope this solves the problem...!!

[NikLR 13,227]

They are wanting to know that you have custody of your daughter and are allowed to move with her. You went and did that so they should accept it.

If they don't, they'll let you know and you can ask for specifically what documentation they are looking for.

Edited March 9, 2013 by NikiR

[aanu 7]

Hi,

LET ME EXPLAIN CLEARLY ABOUT MY STORY.

MY EX-Husband stays in Uganda(citizen there) i came to my parents in Delhi with my daughter in 2006 and filed for Divorce in 2009 and got divorce in 2010 as Asingle(ex party divorce)and its mentioned in my divorce judgment sheet that the child is living under the care and the custody of the mother.After that i got married with An American citizen in 2010 and he filed for CR1 AND CR2 VISAS.I was thinking that at my divorce time the magistrate has already mentioned about the custody of my child is enough cos the bio father never came in the court in divorce case.And on our interview day the consular asked me, do you have the custody of your daughter then i told him its mentioned in my divorce judgment he read it and after some times later he said we need the separate order from court.Which i didn't have that time i got 221g sheet to submit the court order regarding the custody of my daughter.I asked the lawyer he said you cannot file for custody cos the child is already living with you,and one magistrate has already mentioned it in your divorce judgment sheet that the child is living in the care and custody of the mother, and no one other is demanding the custody of your daughter, even not your ex-husband.so in this case court can award you NATURAL GUARDIAN OF YOUR CHILD(14 YEARS OLD DAUGHTER)SO i had filed a case of Guardianship on 3rd January 2012 and the case was going on and finally the court declared me the NATURAL GUARDIAN OF MY DAUGHTER ON 5/03/2013 MORE THEN ONE YEAR AND EVEN THIS CASE I HAVE WON AS SINGLE PARTY THE BIOLOGICAL FATHER DINT COME IN FRONT OF THE COURT.My case is different the biological father was not present in both of the cases(divorce and the guardianship)In his absence(he doesn't want the child and even not the child wants him) as per law ,the court has awarded me

the natural guardian.I just worry about will this declaration be enough?I have waited and fought for my daughter more then one year to win this case AND ACCORDING TO OUR INDIAN LAW THIS WAS ONLY APPLICABLE.PLS ADVISE ME I AM BIT CONFUSED.

Edited March 11, 2013 by aanu

[Darnell 8,478]

so, when you submit the packet back, answering the 221G - my suggestion:

1. a cover letter explaining exactly what you've written here and

2. the new court order for sole guardianship.

flesh out the cover letter to note (to the reader, the CO) that the sole custody was granted in the divorce document and the extra court document only solidifies what was put in the original divorce decree.

[aanu 7]

I got two 221g sheets on my interview day on 16/12/2011 and according to 221g sheet i had one year time limit to submit all the asked documents after that i filed guardianship case in court on 3rd January and i was in hope that the case will finish with in the time limit but not. so on 13/12/ 2012 had submitted rest all documents with a letter stating that the court case is going on in the court and pls grant some more time with a copy of the court case petition.the visa cases both CR1 AND CR2 are on AP NOW.AND ON 5TH March 2013 the court declared me the Natural Guardian (ex- party )AND i have already sent e-mails regarding this to the vfs people and they say that we have forwarded the e-mail to the consular i am still waiting for the reply

from the embassy that how can i submit the document of guardianship to embassy,but no e-mail has yet come.

i have planned to send the copy of the document through speed post to the Embassy will they accept it or it will reach to the consular cos the one year time limit has finished and both the passports are submitted in embassy already. pls advise the best possible way to send the document to the consular.

[Darnell 8,478]

did you make a copy of the 221g forms?

if so- submittal instructions are on that form.

be prepared with new documents, also. need a PCC and I-864 as a year has passed.

Edited March 11, 2013 by Darnell

[aanu 7]

Thanks a lot for advising me and pls keep on giving your valuable advise to me , i will be very thankful to you.

Yes, i have the copies of both the 221g sheets and i will check the information

I and my daughter's passports are with embassy and our cases are on AP from past three moths (administration process)AND TO GET local police clearance and passport police clearance(pcc)i need my passport so should i wait for the AP to finish or i request the vfs to get our passports back to apply for the both passport and local police clearances?

And the form I-864 AFFIDAVIT OF SUPPORT MY HUSBAND WILL FILL AND SEND IT TO ME BUT I JUST WANTS TO KNOW ONLY ONE FORM IS O.K. FOR BOTH ?OR HE HAS TO SEND TWO

SEPARATE FORMS ,ONE FOR ME AND ANOTHER FOR THE DAUGHTER.

pls advise me.

Edited March 11, 2013 by aanu

[Darnell 8,478]

is two seperate casefiles, so is two seperate I-864s - just like what he submitted into NVC.

[aanu 7]

ITS THREE MONTHS NOW OUR VISA CASES ON AP. I WANT TO KNOW THE EMBASSY WILL DEMAND MORE DOCUMENTS AFTER THE AP PROCESS WILL FINISH OR I CAN SEND BY POST TO EMBASSY? SHOULD I WAIT FOR THE REPLY FROM EMBASSY OR ACT BY MY OWN?