Possible to Bring Stepchild Without Spouse

[cloclo2 3]

Hey Everyone-

So I filed the I-130 back in November 2013 for my husband and my step-daughter (5 years old). We are currently at the NVC stage. There have been some changes and some complications with my husband's situation and we are exploring our options.

Is it possible to continue with my step-daughter's application WITHOUT my husband's at the same time? (As in, we would leave my husband's application at NVC until the situation is worked out, I know that the documents take a year to expire).

If it is possible, what do I need from my husband? Would a written parental authorization be adequate? (He has sole custody over the child and we have the custody papers). Or would he have to be present at the interview?

Thanks for any help!

[cloclo2 3]

Additional info:

I found this on the Dakar Embassy's website:

MINOR CHILDREN

All children under the age of 14 must be accompanied by a parent or legal guardian who can be placed under

oath and speak on their behalf. If the parent or legal guardian is not available for the interview, at least one

parent or legal guardian must provide an original, notarized power of attorney in English to an adult who

accepts the legal responsibility of being placed under oath and speaking on the parent or legal guardian's

behalf.

So would I be able to be that legal guardian/power of attorney AND be the petitioner? (Although I worry that it's complicated to become a legal guardian here in Mali).

[Penguin_ie 5,993]

If he has sole custody over the child I am not sure you could act as parental authority at the interview. Can he not attend his daughter's interview?

Other than that- yes, you can proceed with step daughter and not with husband- be sure to have a good explanation, preferably with documentation, as to why.

[cloclo2 3]

If he has sole custody over the child I am not sure you could act as parental authority at the interview. Can he not attend his daughter's interview?

Other than that- yes, you can proceed with step daughter and not with husband- be sure to have a good explanation, preferably with documentation, as to why.

It wouldn't be possible for him to attend the interview as we live in Mali and the interview is in Senegal.

Thanks for the help.

[Penguin_ie 5,993]

Hrmm.. I think it will depend on the law in the home country. Ie if Mali gives you, as the step mom, some kinds of rights you should be fine. If not, I'd go for legal guardianship first. That may end up saving you a lot of hassle later on anyways, explaining things to the school district, pediatrician etc in the USA.