Can I send my Divorce Decree as Custody Decree?

[Indian555 0]

Hi all,

I have a question. Kindly answer. I need to prepare the Packet 4 to send to NVC soon. I dont have a custody decree but I do have my Divorce Decree which says that I have my daughter's whole sole custody and I have all the right to take any kind of decisions for her. She is 8 years old.

Question is: Is it ok if I send the Divorce Decree as Custody Decree as that is the only document I have which is a legal document and says everything about her custody?

I dont want to get stuck now as we are about to get done with immigration.

I appreciate your help.

[aanu 7]

Hi, my case similar like you. when i had sent documents to NVC I did not have separate custody order for my daughter it is mentioned in my divorce document that my daughter is living under the care and custody of the the mother(me)and i got divorce as ex-party.And i had sent my divorce decree with judgment sheet to NVC in year 2011 and NVC din't ask for SEPERATE custody order but when i went to attend interview with my daughter the consular asked for separate custody order I told him that its mentioned in my divorce document but all in vain , issued me 221g sheet to submit the court order regarding the custody of my minor daughter

I had filed one court case regarding this document and it took more then one year to get the document from the court. Even after this i have heard that the no objection letter from the biological father that "he has no objection that the child can migrate with mother to U.S.A." is also required to submit in the embassy if not so court permission to take the child to another country is required.This was my experience.

[Ryan H 3,834]

Moved from Progress Reports to Process & Procedures.

[Indian555 0]

Hi aanu,

I can understand all this time you have spend in a hope to be with your husband and have a family. In our case, we thought that my daughter will be covered on my I 130 so we did not file for her sapratly. After a year when I received my interview letter but not her, we found where we went wrong . We filed for her I 130 in last august. Now after we sent the AOS and IV packets NVC has completed the case. I am just waiting for the interview letter. In my case I got divorce with my ex-husband on Mutual Consent. The divorce decree says that:

PETITION FOR DISSOLUTION OF MARRIAGE BY

A DECREE OF DIVORCE BY MUTUAL CONSENT

UNDER SECTION 13-B(2) OF THE HINDU

MARRIAGE ACT AS AMENDED UP TO DATE.

In other page inside where my ex-husband has singed the paper:

My marriage was solemnized on (DATE) at (PLACE) as per Hindu rites and customs with petitioner no 1(Me). On (DATE OF SAPERATION) due to some temperament differences and unavoidable circumstances I detached my relationship with petitioner no 1(ME). One female child (NAME OF THE CHILD) was born born out of this wedlock on (DATE) The said female child is in the care and custody of petitioner no 1(ME). I have settled all my disputes with petitioner no 1(ME) and her family. It is mutually agreed between me(my ex) and petitioner no 1(ME) that the custody of the child will remain with petitioner no 1(ME) and I will not claim for the custody in future. I further undertake not to initiate any legal proceedings against the petitioner no 1(ME) and her family.

So do you think that I still need the court custody orders as this divorce was based on mutual consent and yours was on ex party? We are about to get done with our case and I dont want any problems at the time of interview. What you think I should get ready with before NVC assign me an interview date.

Also let me know what is going on with your case now.