CR-2 Immigrating my wife's children/Bio Dad has no say.....

[yenom34 1]

Well Met Everyone,

ONe thing that has me baffled, but is great news for us is how can a US CItizen petition for his new wife's children, immigrate them to the USA and have the National bio-dad not be able to say anything about this? I was told that the bio dads permission was needed with some make shift letter....which is not true. Please don't post if this is not true....it misleads people. We have seeked out very exspensive immigration lawyers who tells us otherwise. In our case, the bio dad is a dead beat, and has abandoned them years ago. To me as a father, it doesn't seem fair for those dads or moms that are good people...pay child support...are in the lives of their children and then some jerk ex that decides to hurt them by marrying a US Citizen and immigrating them to the USA.....basically out of touch of the other parent? I am interested in hearing comments on this...and thanks for reading

Edited January 19, 2015 by yenom34

[Lemonslice 4,989]

The embassies and consulates do ask for custody/judgment/authorization documents, or proof that they are impossible to obtain. You can believe your lawyer or get prepared and contact the diplomatic mission where your spouse will be interviewed to see what is required.

[yenom34 1]

This is where the "drama" starts that the US Consulate does not want to deal with.....I have searched forever on this issue and only here at Visa Journey do we find this idea of NEEDING to have a permission slip from the Bio Dad...just imagine how many scenarios can be made...how much corruption can be found....I know a couple that tried for over 3 years to get an honest lawyer...went through 15 lawyers...lost over $8000..and still have yet start the proceeding for the "patria protestad" and the dead beat dad has not paid a cent for 4 years...ignored the kids and continues to bribe the people he encounters through this sharade called justice in Mexico. There are sooooo many injustices in this world...here...look at the FAM yourself (Foriegn Affair Manuals)...these guide the CO in making decisions...show me where it says "need father's permission from a birth certificate"....here is the link http://www.state.gov/m/a/dir/regs/fam/ you will find articles on how the State acknowledges and addresses corruption but as far as relying on other courts/legal systems to provide what is necessary to complete the immigrant visa/immigration part...it is not to be found...for this reason the US Consulate has their own laws...Immigration Law that is solid and defined and leaves no one behind...imagine if the US Consulate was to follow the demands of all other countries...which I am sad to say are corrupt...there would a list from to the moon of demands....accusations....scenarios...situations...I see these posts about how the Officer requested this or that document...and there are also posts on how nothing was requested...and I have friends whom have gone through this process and have not been asked about anything on this matter...I will soon face this monster in several months...my lawyer Harvard Grad, 10 years experience in Immigration law says the hardest part is getting the passports (the respective countries require both parents signatures/presence or a letter from a judge allowing one parent to apply for them due to the other parent absent/unreachable/incompetent/non compliant)....as far as leaving the country...for instance Colombia or Costa Rica where you need to fly an airplane...it very well may be true you need some sort of letter...this is the policy those respective countries accordingly...but NOT the US Consulates policy...Mexico is a border country and here you can walk/drive right up to the border...present your documents to the CBP Officer and pass on through...I will report back on this matter once we go through it in several months...

[ChristinaG 91]

Canada is also a border country. Both the Canadian Border Patrol and the US side have both asked me for a letter to show that my ex is aware and gives permission for me to travel across the border with my children.... and I will need a notarized letter from him that he gives me permission to immigrate the children to the US. We have even had to adjust our custody agreement and that's fine.

I can understand your vent about how impossible that is because of deadbeat parents - and I get that..... on the other side of the coin, the other bio-parent could possibly claim abduction if they are not sought out. And that is FAR worse than spending 4 years and thousands of dollars because of the implications that comes with, etc...

Your best case scenario is to have a paper trail - show that there have been attempts to contact the other parent at their last known address. And not just once, but over a significant period of time. If the immigrating parent can show that they at least (seriously & repeatedly) tried, that's usually good enough.

Keep in mind it is NOT about you or your immigrating spouse.... dead beat or not, that is still the child's parent and that should mean a lot!! Please do not ever speak negatively about the absent parent to the child or anywhere near their presence.

Best wishes.....

[dwheels76 5,474]

Well Met Everyone,

ONe thing that has me baffled, but is great news for us is how can a US CItizen petition for his new wife's children, immigrate them to the USA and have the National bio-dad not be able to say anything about this? I was told that the bio dads permission was needed with some make shift letter....which is not true. Please don't post if this is not true....it misleads people. We have seeked out very exspensive immigration lawyers who tells us otherwise. In our case, the bio dad is a dead beat, and has abandoned them years ago. To me as a father, it doesn't seem fair for those dads or moms that are good people...pay child support...are in the lives of their children and then some jerk ex that decides to hurt them by marrying a US Citizen and immigrating them to the USA.....basically out of touch of the other parent? I am interested in hearing comments on this...and thanks for reading

Usually a court order giving her sole custody helps but not always. I know of many women in many countries who had to find their absent dead beat fathers. One of my friends had not seen nor heard from the father of her daughters in over 10 years but at the USCIS petitioning stage they requested a notarized affidavit from the father giving his permission to allow the girls to immigrate to the US. Imagine that.

It does happen like you the mother was beside herself upset. It delayed her case over 4 months them trying to find this man. But they got what they want and USCIS got what they wanted.

And the lawyer is wrong the embassy sure can ask for permission from the father. They could careless if he is a deadbeat. He is still the father with rights.

[aaron2020 11,651]

The U.S. Will not help you kidnap a child even when the father is a deadbeat or absent.

How would the US Embassy know that the father is a deadbeat or absent? Rely on statements from you, your wife, and her family? No, the U.S. Embassy relies on laws and facts. Bring proof. Get a court order. That is what is require d if you can't get the father to allow the children to leave.

Imagine a scenario where a wife wants to immigrate to the U.S. with the US spouse and bring the children along. The father is involved in the children's lives and objects to them leaving. Wife claims father abandoned the children so she don't need his consent for the children to leave. US Embassy issues visas to the children. The father filed abduction charges.

The U.S. is a signatory of a International child abduction treaty. One of the issue is international parental kidnapping where one parent removes a child from a country without the other parent's permission. There are safeguards to prevent this from happenings. The prevention is a letter from one parent allowing the other to take the child to the U.S. Or a court order allowing it.

[yenom34 1]

How come a Harvard Immigration Lawyer is telling me otherwise.....how come there is nothing in the FAM's (Foriegn Affair Manuals) stating so....how come there is no info on the NVC USCIS DEPT OF STATE website concerning this issue???? How come people I know have gotten their visas without this "permission slip"?

[dwheels76 5,474]

How come a Harvard Immigration Lawyer is telling me otherwise.....how come there is nothing in the FAM's (Foriegn Affair Manuals) stating so....how come there is no info on the NVC USCIS DEPT OF STATE website concerning this issue???? How come people I know have gotten their visas without this "permission slip"?

Because it's not a hard and fast rule. Just like evidence. My embassy Nigeria wants more evidence then someone coming out of UK and Canada. That's life. Mexico may ask you for a permission of father may not. Roll the dice and find out.

And what does the lawyer going to Harvard got to do with it. Is this lawyer versed in US embassy in Juarez, Mexico? That's more to the point of the matter.

With how immigration is across the border and child smuggling they may very well ask. Just like in many countries like Africa DNA is almost always asked for. Imagine that when its your own child.

[aaron2020 11,651]

How come a Harvard Immigration Lawyer is telling me otherwise.....how come there is nothing in the FAM's (Foriegn Affair Manuals) stating so....how come there is no info on the NVC USCIS DEPT OF STATE website concerning this issue???? How come people I know have gotten their visas without this "permission slip"?

I have no idea what your lawyer is telling you based on your circumstances.

Have you not read in this thread that parental permission is needed?

Best of luck. I don't want to argue with you since you are convinced you are right. Guess all those US Embassies asking for consent letters were screwing with people.

Edited January 19, 2015 by aaron2020

[yenom34 1]

ChristinaG...please don't follow this topic....you are already accussing me of something I didn't do....

[Lemonslice 4,989]

Two words: Hague Convention.

[Ban Hammer 13,654]

ChristinaG...please don't follow this topic....you are already accussing me of something I didn't do....

if you do not wish to see replies from someone, then place that member on ignore. do not tell someone not to post as that is a tos violation.

charles

vj moderation

Edited January 19, 2015 by charles!

[Boiler 46,273]

I know what is required in the UK, different countries, different legal systems.

Reading a thread the other day, 3 children from 3 fathers all with different situations.

You need a family lawyer assuming there is no clear cut answer, Court Order, other parents permission.

[Boiler 46,273]

Forgot to add, some Countries are different, seems an un wed mother in PI has control.

[yenom34 1]

What is going on in this thread,,,,,GGRRRRRR....someone accuses me of something I did not do...and instead of getting on her....I get a moderator scolding me like a kid...this is crazy!!!! I am searching for other experiences and getting beat up here....can anyone show me hard evidence of my original request in a professional manner....Where does it say I need the permission of the other bio parent when petitioning for step children....this is not a complicated question nor an uncommmon question....I did see this as a requirement for the UK....I did see this an a requirement for leaving the US and entering other countries....this is about immigrating under the CR-2 where her children are my step children and this is categorized as "a child" given 1st preference due to this relationship....what about the USCIS, NVC, State Department....I even called these departments...waiting on hold for quite some time with no definite conclusion...all stating it is up to the CO.....maybe sometimes in life you have to go semi blind into a situation...and take lumps as you go....