Is it likely we will be deported?

[EmilyW 1,434]

I think that would just show he's a bad dude, nothing more. Bad dudes can still be parents and can still have parental rights.

You need to prove that you cannot locate him and that you have made best efforts to find him in order to resolve custody of the children and to seek his consent to permanently located the children.

Can you get in contact with relatives or friends of his?

Edited September 26, 2015 by EmilyW

[dwheels76 5,468]

And how would USCIS see that our marriage license is so old, i thought it was the wedding date that they looked at...

Every marriage license has a # they can easily call the court house to find out when issued that's pretty simple thing to do.

Edited September 27, 2015 by dwheels76

[3rd 84]

very marriage license has a # they can easily call the court house to find out when issued that's pretty simple thing to do.

Was just about to state this myself. It's not hard for USCIS to figure out something that's probably a standard in their investigations.

[Ontarkie 14,221]

~~Thread Reopened. Tread very carefully from this point on. The OP did not come here to be attacked.

She has stated in her country single women get sole custody. The US will want what the laws of Her country concerning her children not US laws. They are well aware that some countries have such laws it is up to the OP to make sure she can provide that information. Any further attacks will result in thread a thread, any post with additional commentary that is not needed will be removed.~~

Edited September 26, 2015 by Ontarkie

[Carla V 43]

The best thing is have several documents giving strenght to show what sole custody means, as others stated: they need original copies of birth certificates, documents from your goverment stating you have sole custody, documents showing that the sole custody allows you to take the kids out of the country permanently, others use also newspaper ads several days in all known places where the father could be, private investigators looking for them, etc. Also, as others stated the weight of proving evidence is yours... This process is long and difficult for everyone, the people is just trying to give you advise to avoid you problems but is you who will decide how to do it, but keep in mind that if you start something in the wrong way, things will get bad sooner or later... If it was me, I would go back to my home country and apply as soon as I have all documents, my co sponsor, etc... I know how terrible is to even think about spending time away from who we love but its definetely worth it, and you will have peace of mind...

[MADDEN 40]

You usually need to provide court appointed papers to show you have sole parental custody, in order for the courts to grant this you need to show you have done an active search for him like searching social media sites, putting an add in the local paper ect.

I think you might have a hard time explaining that your marriage wasn't planned only for the fact that you have 2 kids, didn't they not have family, friends and school to go back too?

All the best of luck.

[KayDeeCee 4,893]

Just print off the laws from your country and the papers you have stating you have sole custody. The laws of your country regarding child custody are what matters. Take them to the interview, as I am not seeing any requirements for such in the I-130 or I-485 instructions for a USC to file for a stepchild.

You cannot be denied for intent alone, so don't worry about the marriage license date and proving you had no intent.

Edited September 27, 2015 by KayDeeCee

[MADDEN 40]

Just wanted to add also that because the children were removed without the fathers knowledge he can request that the children are returned back to Iceand under the Hague Convection.

[Lemonslice 4,841]

Just wanted to add also that because the children were removed without the fathers knowledge he can request that the children are returned back to Iceand under the Hague Convection.

Seems far fetched if he has not shown interest in them in 7 years... Hague Convention does not guarantee he would even get to have them returned to Iceland if she has in fact sole custody and rights to move oversea. Hague Convention is not magic...

The Convention does not alter any substantive rights. The Convention requires that a court in which a Hague Convention action is filed should not consider the merits of any underlying child custody dispute, but should determine only that country in which those issues should be heard. Return of the child is to the member country rather than specifically to the left-behind parent.

Edited September 27, 2015 by Boston~Montreal

[Shauneg 762]

I'm going to try again for you. In Iceland, as you know, an unmarried woman who does not a have a registered cohabitation with the father at the time of the child's birth is automatically granted sole custody and retains all legal rights including moving to another country. It is strange for Americans to understand that as the laws here aren't that easy for the mother to do as they choose. You were and are under no obligation to notify the father. As he retains 0 rights. I would hope the government is aware of this but if not you will have to prove this is in fact Icelandic law. As far as overstay or intent it doesn't matter while trying to a.o.s. Intent is determined at the border not later.

It doesn't matter if I or anyone else thinks you planned it....the law allows you to adjust as you're doing now without fear of overstay or denial based on intent.

Edited September 27, 2015 by Shauneg

[aruadha 58]

Seems far fetched if he has not shown interest in them in 7 years... Hague Convention does not guarantee he would even get to have them returned to Iceland if she has in fact sole custody and rights to move oversea. Hague Convention is not magic...

Maybe appears far fetched to you, but my ex, who had not interacted with his kids in several years, was contacted when I attempted to get them passports. And he told the person he refused. So i had to go to court to be able to get my kids passports and sole decision making. It happens. Spite, ill will, whatever you want to call it, exists and is a reality.

[Shauneg 762]

Maybe appears far fetched to you, but my ex, who had not interacted with his kids in several years, was contacted when I attempted to get them passports. And he told the person he refused. So i had to go to court to be able to get my kids passports and sole decision making. It happens. Spite, ill will, whatever you want to call it, exists and is a reality.

Different countries different laws and rules....concerning custody, rights, and moving children out of country.

Some countries require both parents consent to obtain passports...custody or not. Some require notification to the other parent if you are moving children out of the country...others require permission....some don't give a ####### what the non custodial parent thinks or feels (Iceland).

[Amadia 711]

Hi ydaoc,

Nice of you to post and ask for help/advice. Please take these things into consideration when responding to members' replies. YOU are asking for help/advice and WE are here trying to do just that - HELP YOU.

In any event, I have my kids father in court right now for him to grant permission for them to migrate with me once the visa gets approved. If it does get approved but the kids do not get his consent to migrate, I can very well be charged with kidnapping for taking them against HIS consent. I have currently applied to vary my court order and shift it from "joint" custody to "sole" custody. Since he is still alive and has liberal access to my kids as was granted by the court during our divorce proceedings, I always have to get his permission via written correspondence with a phone contact and his picture ID to fly to Florida with them every time just in case an officer in the airport asks for it...although I am married to my USC husband.

In your case, you are saying the the kids' father left and has vanished with no trace so you are unable to get something from him to indicate his permission. I think you CAN get something....not from HIM but from the court....stating that you have sole custody and maintain full care and control of the kids. The police too can verify and provide an affidavit indicating that they have searched for the individual but was unable to locate him. It sounds complicated but it is very very simple.

I hope I was able to help you in some way.

[Shauneg 762]

Hi ydaoc,

Nice of you to post and ask for help/advice. Please take these things into consideration when responding to members' replies. YOU are asking for help/advice and WE are here trying to do just that - HELP YOU.

In any event, I have my kids father in court right now for him to grant permission for them to migrate with me once the visa gets approved. If it does get approved but the kids do not get his consent to migrate, I can very well be charged with kidnapping for taking them against HIS consent. I have currently applied to vary my court order and shift it from "joint" custody to "sole" custody. Since he is still alive and has liberal access to my kids as was granted by the court during our divorce proceedings, I always have to get his permission via written correspondence with a phone contact and his picture ID to fly to Florida with them every time just in case an officer in the airport asks for it...although I am married to my USC husband.

In your case, you are saying the the kids' father left and has vanished with no trace so you are unable to get something from him to indicate his permission. I think you CAN get something....not from HIM but from the court....stating that you have sole custody and maintain full care and control of the kids. The police too can verify and provide an affidavit indicating that they have searched for the individual but was unable to locate him. It sounds complicated but it is very very simple.

I hope I was able to help you in some way.

In Iceland if you are single and don't live with the father, you are granted sole custody automatically.....it's the law there. The father has absolutely no rights for visitation or keeping them in country. No court order or judge's decision is needed. If she was married and then divorced or they cohabitated together (register with the government as cohabitating) than the story would be different. She is perfectly fine within Icelandic laws if everything is as she describes...

[EmilyW 1,434]

The question then becomes whether sole custody in Iceland translates being able to move the children out of the country without the other parents' permission (or best efforts to gain that permission).

OP, where in Icelandic law (or regulations) does it state the rights of a parent with sole custody as they pertain to international travel?