what if my daughter's dad says he doesn't allow my daughter to immigrate

[liefie 1]

hi VJ friends

my situation is both of my daughter's parents have the custody, which means none of us have a sole custody, the court decree says she lives with me. i also have her dad's notarization which says he allows her to live with me in the USA.

the question is he might change his mind anytime, he is such a person, so what will happen if he will change his mind sometime before our interview in the future and make a new notarization which says he doesnt allow her to go with me and send it to the USA embassy where we will have our interview? or is he able to do all those afterwards? i asked the notary if he can cancel the notariztion he made before, he told me he cant cancel but he can make a new one say disagree, the one he said agree will always be valid, then the question will be both of his notarization which say agree and disagree are valid, which one the officer will take? another question is how can he send the disagree notariztion to them and affect our case, can he just send it to the USA embassy or NVC and they will check my daughter's name in their system without our case number (he doesnt know our case number, he cant provide it)?

i only want to make sure he cant stop me taking my daughter with me to the USA, thanks for any adice.

Edited January 14, 2014 by liefie

[Ontarkie 14,225]

I'm not sure how custody works in your country, but I went to an attorney because my ex plays games all the time. I thought I would have to take him to court, but he ended up signing a letter from my lawyer saying he gives me permission to take the kids to live in the US. My lawyer did not trust him or the border with just that letter so she had the Judge sign off on it and made it a court order, so if he changed his mind he would have to take me to court. Maybe you can ask if you can do something like that also.

[liefie 1]

Thank you very much.

Did your ex went to the judge together with you?

[Mark88 183]

It will depend on how USCIS will see it. In theory USCIS will accept the notarization your ex did the first time. However I know of numerous cases, that USCIS will need a court order to allow immigration. If you want to be 100% sure have a judge sign off on it.

[Ontarkie 14,225]

No he wasn't needed as he already consented.

[liefie 1]

It will depend on how USCIS will see it. In theory USCIS will accept the notarization your ex did the first time. However I know of numerous cases, that USCIS will need a court order to allow immigration. If you want to be 100% sure have a judge sign off on it.

You mean have a judge sign off on the paper he signed off or on the notarization which has been signed off by a notary officer?

The notary officer told me it's his right to change his mind, so even I have his letter signed by a judge, does it mean he can't change his mind anymore? If he can still change his mind (because it's his right), he can have a judge to sign off his second letter too, the thing is still the same then.

[Mark88 183]

If ist's a Court order, he would have fight you in court to have it revoked, since he agreed on it infront of a judge. Ultimately it will depend on the laws of your country.

[liefie 1]

If ist's a Court order, he would have fight you in court to have it revoked, since he agreed on it infront of a judge. Ultimately it will depend on the laws of your country.

Is it acceptable to have a foreign judge sign off because there is no such thing in my country that judge sign off notarization.