Is it likely we will be deported?

[neoblast 138]

Custody of children

· Parents have joint custody of their children after a divorce or the dissolution of a registered cohabitation, unless otherwise decided.

· Joint custody includes the following:

Quote

· Parents must consult each other regarding all major decisions that have to be made with respect to the interests of the child, such as where the child resides and goes to school.

· One of the parents may not leave Iceland without the other parent's approval.

· It is presumed that the parents agree on the domicile of the child being the same as the child's permanent residence.

· If the parents of a child are neither married nor in a registered cohabitation when the child is born, then the mother alone will have custody of the child and the child will have its residence with the mother.

· If the parents wish to change the custody arrangements, they must go to the district magistrate.

· According to the law there is joint custody of children at divorce and end of cohabitation unless otherwise agreed. The parents must decide with whom the children shall have legal residence and thereby, in general, a permanent residence. The district commissioner can make a ruling in disputes regarding custody of access to children but if there is dispute regarding custody it must be referred to the courts. If a parent that has sole custody marries again the stepparent also gets custody. If it registers in cohabitation however, the cohabitation parent also gets custody after one whole year in cohabitation.

Disputes concerning custody or visitation rights

· If there is a dispute between the parents over custody or visitation rights, they will be offered specialist counsel through the offices of the district magistrate. The goal of the counselling is to assist the parents with finding a solution to their dispute, taking into consideration the best interests of the child.

**OP you will have to prove there was no dispute of the automatic sole custody since having 2 children by this man I assume you live together for more than a year.

[KayDeeCee 4,893]

The children were already allowed passports to travel internationally without the need of the other parent to consent.

Where in the immigration laws or I-130 and I-485 instructions does it state it is required to prove there was no dispute of her sole custody? It does not even ask for proof of her sole custody with either form submission.

Lots of people insisting the OP will need this or that, but where exactly are these requirements listed?

[Shauneg 762]

The children were already allowed passports to travel internationally without the need of the other parent to consent.

Where in the immigration laws or I-130 and I-485 instructions does it state it is required to prove there was no dispute of her sole custody? It does not even ask for proof of her sole custody with either form submission.

Lots of people insisting the OP will need this or that, but where exactly are these requirements listed?

Would be really nice if someone from Iceland weighed in, but I feel the same as you, given the story told and the rules/laws in her country.....she has nothing to fear from either countries immigration or legal systems.

[Alaska2012 462]

Don't worry about the issue with the parental consent. Iceland and sweden have similar laws regarding this. I too have sole custody and didn't need to get an approval from my son's father. I had no issues when going through the visa process. The paper says sole custody and that's enough. In your case they will go by Icelandic laws and rules regarding this.

[Ontarkie 14,221]

~~Two members thread banned for ignoring warning.~~

Edited September 27, 2015 by Ontarkie

[Ontarkie 14,221]

~~Thread locked. Ydaoc you may start a new thread for new questions regarding the process.~~