Vawa Part 5

[Sandra G. 5,047]

MeEe the mail will go to your attorney.

[novedsac 355]

but to get passport is obligated to have the father consent. or Judicial order.3) When filing for divorce ask your lawyer to mention in the divorce decree that you are allowed to travel abroad every time you want with the child,having just to communicate the child's father through registered mail where the child will be, for how long and the address abroad.

The ONLY way a Judge will do these two things is if one parent does not have legal custody (ie, has their parental rights terminated). This is different from physical custody (where the child lives).

Assuming no parental rights have been terminated ...

!) Passport - State law has no jurisdiction over issuance of passports and a State/County Judge does not have the authority to order that a passport be issued under any circumstances. Therefore, a State/County Judge cannot overrule Federal (or Sovereign) requirements on issuance of a passport (US State Department requires both parents' approval unless one parent has sole legal authority, as do most other passport issuing entities). Such an Order would be easily overturned by any moderately capable attorney and likely get the Judge censured.

2) Travel outside the US - again, it is a parental right to have access to their child and what you are suggesting infringes on those rights. A Judge would be loathe to issue decree with such a provision without the consent of the other parent as it would be have very shaky legal legs. About the only way I could see it happen is if the divorce is granted with one parent in absentia.

Of course, both of these things can be negotiated between parents ... I have full physical custody (shared legal custody) of my kids and their mom agreed to sign for passports after I agreed to take care of some outstanding medical bills ... the only time she has balked at a request for written permission to travel outside the country was a request for a four week excursion which she felt was too long away from her.

I have no knowledge of the case you reference other than the link you provided. If it is true, then that is just horrible. However, I also recognize that claims of abuse during a divorce/custody fight are very common and often frivolous, so Judge's must be proceed with extreme caution and look for verifiable, objective evidence. Here in the US, people are innocent until proven guilty ... proven guilty in a court of law, not through social media or what someone heard from a friend who heard it from a friend who ...

Your advice to not flaunt a Court Order is spot on. When people get a judgement they don't particularly like or think is unfair, there are still remedies within the Court. Mistakes do happen and it can be very time consuming and painful. However, taking matters into ones' own hands is fraught with serious problems and has no place in a lawful society.

[Sandra G. 5,047]

novedsac no idea where you got this information but anyway you are wrong . I am tired to go to the Justice to ask authorization on behalf of some mother's to take their children's abroad, even with both parents sharing custody, and I had hundreds of petitions granted, no need to have parental rights terminated at all.Do I have to provide you with my client's information? hell no.

Edited February 5, 2014 by sandranj

[resignedtoinswhim 8]

Just wanted to share that I went for my I-485 interview today and it was approved.

[islandinthesun1 1]

Just wanted to share that I went for my I-485 interview today and it was approved.

That's great news. CONGRATS!!! Can you please share ur experience (if u dnt mind, thatvis) so that others waiting can know what to expect? I know some ppl already spoke abt their interview but i think each situation is different. What was ur timeline?

Thanks much n again congrats!

Edited February 5, 2014 by islandinthesun1

[resignedtoinswhim 8]

They called me in an hour late. The interviewer was reviewing the file before starting the interview and that took time. First I was asked to take oath. The interviewer asked for my original passport, I-94, EAD card, driver license and social security card and birth certificate. I didn't bring my social security card so, the interviewer asked me to recite it. She went through all questions on my I-485 application and each and every information on I-485. I was asked to state my birthday, address, phone, place of birth, parents first name, still married or divorced and date, current employer, position title, previous employer, date of last entry and visa of entry and the yes and no question of the form. The only other things I was asked was how things are with my ex spouse now, if I am (feel) safe, and if I have any family in the city/state. I was told, it is approved and I should receive the card in mail in next 30 days and update the status with social security and local dmv.

Edited February 5, 2014 by resignedtoinswhim

[Sandra G. 5,047]

resigedtoiswhims Congrats!

[resignedtoinswhim 8]

Thanks, SandraNJ. I really appreciate your input on different questions I have asked over the course of this process. Also, would like to thank you for your dedication and support to all the other members in the same boat.

Many have asked about my time line which is following:

I360 Receipt Notice: 1st week of July 2011

RFE : 1st week of Oct 2012 (RFE response send and received by USCIS within 10 days)

I360 approval: End of Nov 2012 with deferred action for 15 months

Total Time: 16.9 months

I485 Receipt Notice: 2nd week of July 2013

Biometeric Appt Notice: 3rd week of July 2013. Biometeric done early by walk in, 4th week of July 2013

Transfer to NBC: End of July 2013 (within 4-5 days of biometric)

Transfer to local office: 1st week of Dec 2013 -no transfer notice was received, only online case status update with no info on where it was transferred. I did infopass appointment at local office after 3 weeks of this status update and was informed the file is at local office.

Interview notice: 2nd week of Jan 2014 with the interview date in one month in Feb 2014

Total Time: 7 months

Edited February 6, 2014 by resignedtoinswhim

[resignedtoinswhim 8]

I did not contact or take help from local congressman in any of this process. Just waited for my application to bubble to top. Both the applications were within the processing time frame as per the time lines published at the time. My local office was taking 5.9 months to process I-485 and most recent one shows 6.5 months. Mine was a bit over to 7 months.

Another question that I was asked at the interview was if I had ever received public assistance or not.

Edited February 6, 2014 by resignedtoinswhim

[Cielo14 2]

Congratulation!!!! resignedtoinswhim and thank you for your information that was great

[islandinthesun1 1]

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Edited February 6, 2014 by islandinthesun1

[donehere 0]

Hello Everyone,

Congratulations to Everyone who got GC approved . Time to celebrate .

Cielo, Citragirl - Any updates on your case. Our timelines are so close by so I get hope when something changes in yours. I have no update. 6 months since I filed 485 and file is still with NBC. Not sure what to do.

[Faithkeeper 25]

Signed!! I hope that Amy and Karla gets the deserved help..so sad

[nothingicando 0]

just want you guys know and happy for me, my green card got approved!

except i-485 questions, no more questions were asked. not require extra doucuments either.

i was later because it had snow strom, even i left home 3 hours earlier than the interview time. they just let me in and after 10mins, i got an interview.

after 10mins, the officer told me "approved". now waiting for mailing my green card.

Sandranj, thank you for your help. also thank you all at here support each other.

[Apple2013 2]

lorphelpme my bad, here is the correct link

http://www.change.org/petitions/mrs-michelle-obama-and-the-us-justice-system-save-little-amy-and-her-mother-from-the-injustice?share_id=mJeyxwtsPf&utm_campaign=friend_inviter_chat&utm_medium=facebook&utm_source=share_petition&utm_term=permissions_dialog_false

Signed! This is a really sad story. I hope they will get together soon.