No parental consent @ NVC stage

[Nobby7 28]

Hi VJers!

I am currently at the NVC stage of my petitions for both my wife and stepson. I am waiting to have my IV bill invoiced so I can pay and submit the DS-260 along with the IV packages.

However, my stepson's biological father does not want to sign consent for my stepson to leave the country, so we have asked the courts to make a decision for the consent. Our hearing is on March 24th.

I have searched the forums, and I can't seem to find a clear answer as to whether or not the NVC will require this consent as part of the IV package. I understand that it may be required at least by the consulate at the interview.

Does any one have any experience or insight for this scenario?

[dwheels76 5,468]

Hi VJers!

I am currently at the NVC stage of my petitions for both my wife and stepson. I am waiting to have my IV bill invoiced so I can pay and submit the DS-260 along with the IV packages.

However, my stepson's biological father does not want to sign consent for my stepson to leave the country, so we have asked the courts to make a decision for the consent. Our hearing is on March 24th.

I have searched the forums, and I can't seem to find a clear answer as to whether or not the NVC will require this consent as part of the IV package. I understand that it may be required at least by the consulate at the interview.

Does any one have any experience or insight for this scenario?

Nope you will need the consent for the embassy. NVC doesn't care about all that.

[charlynn 11]

have you already sent out your AOS package?

[Nobby7 28]

Nope you will need the consent for the embassy. NVC doesn't care about all that.

Thanks!

have you already sent out your AOS package?

Yes, I mailed it on the 8th and it delivered on the 10th. I called the NVC and they said they have not received it yet, which I assume just means they haven't entered it into the system yet.

[Fabian&Rossy 120]

Hi VJers!

I am currently at the NVC stage of my petitions for both my wife and stepson. I am waiting to have my IV bill invoiced so I can pay and submit the DS-260 along with the IV packages.

However, my stepson's biological father does not want to sign consent for my stepson to leave the country, so we have asked the courts to make a decision for the consent. Our hearing is on March 24th.

I have searched the forums, and I can't seem to find a clear answer as to whether or not the NVC will require this consent as part of the IV package. I understand that it may be required at least by the consulate at the interview.

Does any one have any experience or insight for this scenario?

Ugh! I am also fearing the day my wife has to ask her ex-husband for the letter of consent, which will come pretty soon. Nobby, our cases are more similar than I thought.

Is the biological father currently paying child support?

[Nobby7 28]

Ugh! I am also fearing the day my wife has to ask her ex-husband for the letter of consent, which will come pretty soon. Nobby, our cases are more similar than I thought.

Is the biological father currently paying child support?

He is. My wife also had to take him to court for that, which happened right before I met her.

If I were you, I'd have that conversation ASAP... the process in the judicial system is long (if you go that route). We started it in September of last year and are just now having the hearing on 3/24. I'm hoping we'll have a decision for the consent before we have the interview for the visa.

Let me know if you need any info on that process. One of my best friend's dad is our lawyer, and he was a family judge for 20 years so he has a lot of experience in these types of cases.

[NikLR 13,227]

The step-son wont be allowed a visa without a letter of consent or proof of sole custody by the immigrating parent. They will issue a 221g for said documentation if you do not have it in hand for the interview.

[Nobby7 28]

The step-son wont be allowed a visa without a letter of consent or proof of sole custody by the immigrating parent. They will issue a 221g for said documentation if you do not have it in hand for the interview.

Thanks. This is good info to know when we get to that stage. Hopefully it will all be resolved by then.

[Fabian&Rossy 120]

He is. My wife also had to take him to court for that, which happened right before I met her.

If I were you, I'd have that conversation ASAP... the process in the judicial system is long (if you go that route). We started it in September of last year and are just now having the hearing on 3/24. I'm hoping we'll have a decision for the consent before we have the interview for the visa.

Let me know if you need any info on that process. One of my best friend's dad is our lawyer, and he was a family judge for 20 years so he has a lot of experience in these types of cases.

Yeah, a common friend of ours who is a lawyer is also helping her with that. This friend got the court to order a wage garnishment some years ago for unpaid support. So my wife is willing to withdraw the order as a way to get the ex to sign the consent. Just hoping it doesn't get any further than that. My best wishes for a fast and favorable decision for you guys!

[Nobby7 28]

Yeah, a common friend of ours who is a lawyer is also helping her with that. This friend got the court to order a wage garnishment some years ago for unpaid support. So my wife is willing to withdraw the order as a way to get the ex to sign the consent. Just hoping it doesn't get any further than that. My best wishes for a fast and favorable decision for you guys!

Thanks, best wishes to you too!

Edited February 13, 2014 by Nobby7

[Blue_Leaf 1]

We are in the same boat but we are not going to ask for a consent from the father of my daughter because we are not married, he doesn't provide financial support, no communication, and the law in the Philippines regarding illegitimate children states that they are under the sole parental authority of the mother. My daughter bears my lastname not the fathers. Also, we executed an affidavit of illegitiimacy, affidavit of sole custody, and a copy of the Family Code regarding illegitimate children all notarized, authenticated by the regional trial court judge and also authenticated by the DFA here in Manila. We will bring all docs at the intervie. Still waiting for interview date. I've also read here in VJ regarding consent from father but they were never asked and was given a visa. No problems whatsoever.

[Colombo123 5]

Hello,

Question

I'm in the same boat with getting a consent/custody

Also, did you receive two different case numbers and ID numbers? one for Wife and another for Stepson/daughter.

Please let me know.

Also, what Affidavit of support did you file? I-864 or any?

Thanks in advance for your response

[Nobby7 28]

Hello,

Question

I'm in the same boat with getting a consent/custody

Also, did you receive two different case numbers and ID numbers? one for Wife and another for Stepson/daughter.

Please let me know.

Also, what Affidavit of support did you file? I-864 or any?

Thanks in advance for your response

The info I received from here is correct, the NVC did not request the consent. My interview is on May 12th and I still do not have the consent (courts have been on strike), so I am expecting the 221g for my stepson.

I did have two different case numbers and ID numbers, and I did file the I-864 (one for each, but you only pay one AOS fee). Let me know if you have any questions on how to fill it out cuz it was a little confusing for me but the NVC accepted my submissions.

[Colombo123 5]

Yes, I-864 is reallly confusing. I'm filling out the I-864 for each one for wife and another for stepson, but submitting photocopies of the supporting documents I'm attaching with my wife I-864.

Question about the actual form I-864

Wife - I-864 Part 5. Sponsor's Household Size Persons you are sponsoring in this affidavit

1. will enter (1) (wife)

Persons NOT sponsored in this affidavit

2. Yourself (1)

3. If you are currently married enter "1" for your spouse 0 - cause I already counted her above

4. If you have dependent children, enter the number here (1) - I have a dependent son that I did claim in my 2013 tax return

5. (0)

6. (0)

7. (0)

8. (0)

Total = 3

Correct?

Do I need to add my setpson? Maybe not, because I'm not supporting him yet

Stepson - I-864

Part 5. Sponsor's Household Size Persons you are sponsoring in this affidavit

1. will enter (1) (stepson)

Persons NOT sponsored in this affidavit

2. Yourself (1)

3. If you are currently married enter "1" for your spouse

will I enter (1) - Please advise - (wife)

4. If you have dependent children, enter the number here (1) - I have a dependent son that I did claim in my 2013 tax return

5. (0)

6. (0)

7. (0)

8.(0)

Total = 4

Correct?

I think I'm cleared on Part 3. but asking 1. I am sponsoring the principal immigrant named in Part 2 Yes (X) 2. blank - none Family member 1 leave blank or NA

I really appreciate your feedback. I hope everything works out well for you

Edited May 1, 2014 by Colombo123

[Colombo123 5]

Re: custody/consent - I'm not sure if I need it for the interview we are working on it. but if I don't have the consent in time of the interview. My wife should tell the officer who is interviewing her that the consent or documents are being processed that we need an exact date to put on the consent "escritura" colombian word for consent" in order for the judge to sign that we need to have the date as when my stepson is leaving the country.

I will not know when my wife and stepson will leave the country until their get their visa approved and buy the tickets.

Again thanks in advance for your response