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

[aaron2020 11,651]

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....

Look up the treaty.

If you and your wife had kids. She divorce you. She decides to move the children to a country you can't go to in order to be with her new husband. You are okay with that? You would not file charges? You think it's okay for the foreign embassy to issue visas without your permission so your ex wife can kidnap your children?

[yenom34 1]

He can go into the US...he does have a visa...maybe this is where the difference lies....for those who are sincere in trying to help thanks...

[Lemonslice 4,989]

http://www.hcch.net/index_en.php?act=conventions.text&cid=70#ch5

Article 7

(1) In case of wrongful removal or retention of the child, the authorities of the Contracting State in

which the child was habitually resident immediately before the removal or retention keep their

jurisdiction until the child has acquired a habitual residence in another State, and

a) each person, institution or other body having rights of custody has acquiesced in the

removal or retention; or

b) the child has resided in that other State for a period of at least one year after the person,

institution or other body having rights of custody has or should have had knowledge of the

whereabouts of the child, no request for return lodged within that period is still pending,

and the child is settled in his or her new environment.

(2) The removal or the retention of a child is to be considered wrongful where –

a) it is in breach of rights of custody attributed to a person, an institution or any other body,

either jointly or alone, under the law of the State in which the child was habitually resident

immediately before the removal or retention; and

b) at the time of removal or retention those rights were actually exercised, either jointly or

alone, or would have been so exercised but for the removal or retention.

The rights of custody mentioned in sub-paragraph a above, may arise in particular by operation

of law or by reason of a judicial or administrative decision, or by reason of an agreement having

legal effect under the law of that State.

(3) So long as the authorities first mentioned in paragraph 1 keep their jurisdiction, the authorities of

the Contracting State to which the child has been removed or in which he or she has been

retained can take only such urgent measures under Article 11 as are necessary for the

protection of the person or property of the child.

How can they say it is not a wrongful removal if you present no document? In some countries, having sole custody is sufficient, in others, more documents are required.

I understand it can be complicated or inconvenient for you, however, it is easier for USCIS/DoS to require proof from parents than to potentially have to deal with a huge can of worms ...

[Maria4Garrett 5]

http://www.hcch.net/index_en.php?act=conventions.text&cid=70#ch5

How can they say it is not a wrongful removal if you present no document? In some countries, having sole custody is sufficient, in others, more documents are required.

I understand it can be complicated or inconvenient for you, however, it is easier for USCIS/DoS to require proof from parents than to potentially have to deal with a huge can of worms ...

I have sole custody for my kid as it was stated on the condition of the divorce in legal paper. My petition has already been approved without asking me about my ex in regards to my kid, who will be traveling with me. Now we are waiting for the response from USEM japan after I submitted requirements for interview, again nothing about my ex..

Edited January 20, 2015 by Ryan H

[N-o-l-a 7,168]

I have sole custody for my kid as it was stated on the condition of the divorce in legal paper. My petition has already been approved without asking me about my ex in regards to my kid, who will be traveling with me. Now we are waiting for the response from USEM japan after I submitted requirements for interview, again nothing about my ex..

That might have to do with specific scenarios and laws in your country.

I've got sole custody of my daughter with no visitation for her father and to cross into Canada or Mexico or back again into the US, I need a notarized letter from her father. Actually, the scrutiny back into America was more intense as they want to make sure that I wasn't kidnapping her from Canada.

To move her to Europe, I needed no such letter (but had one anyway).

It is kind of an apples and oranges thing, what works at the embassy in Japan might not work in Mexico...

[JohnR! 5,495]

I think you should trust your lawyer. Isn't that why you have him on retainer? It seems like you're second guessing everyone including yourself. Pick a lane.

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....

[Ms Hogan 295]

Please keep in mind that the person doing your POE also has a say in this matter. Even though I got through all of the applications and interview and such I was still nervous until I crossed the border and had our passports stamped. Even though I had sole custody. And even though I did carry a notarized letter from my ex-husband stating that he knew the children were moving with me to America.

I have sole custody of my children. I have documents stating that much. I had driven across the border every other week or so for 3 years before marrying my husband. Not once was I asked for documents stating that I had permission to do so from their biological father. Even though I have friends with kids who have been asked. Even though my sister-in-law has been asked for a travel letter from her husband (my brother). It happens and it isn't always consistent.

My mother travels with my children sometimes and out of the dozen or so times she has crossed the border with them, she has been asked ONE TIME to see the travel letter giving her permission to travel with them without me.

So it is a bit random. It isn't very predictable. But wouldn't you rather have that letter? For immigration purposes it isn't a travel letter stating that he has given permission. It is a letter that states he is aware of the move.

If I were going through it all again I would want the letter as a just-in-case because if they want to see it and you don't have it then you're going to run into a huge obstacle.

[yenom34 1]

UPDATE 2 YEARS LATER

1. CONSULATE NEVER ASKED FOR CUSTODY PAPERS....NEVER ASKED ABOUT BIO-DAD....IT WAS NEVER AN ISSUE!!!(JUAREZ CONSULATE)

2. GIRLS GOT THEIR IR-1 PERMANENT VISAS....GOOD FOR 10 YEARS

3. GIRLS GETTING STRAIGHT A'S IN SCHOOL AND THEY ARE FREE

4. DON'T BELIEVE OTHER PEOPLE...SEE ALL OF THE PEOPLE WHO POSTED OTHERWISE AND LEARN

5. GOOD LUCK TO ANYONE WHO IS IN THE POSITION I WAS...

[NikLR 13,232]

Hey thanks for the update for that particular consulate.  Glad to know everyone is doing well.  Have a great life!