Travel Abroad With My GC Holding Spouse And Child

[eurasian 0]

We have been married for several years, and traveled abroad multiple times, either all three of us or just my wife  with her 8 year old child. I am not the child's biological parent, but we never faced any issues crossing the borders.

Well, that was before my spouse and I went to a Shengen country consulate here in the US to get a tourist visa for them.  I consider myself a legitimate stepfather, and I do travel with my wife and stepchild this time. However, their "rules" require the child's biological father consent for travel. That person has never been married to my spouse, and the only mention of him is in the birth certificate. As my wife has lost track of that guy about seven ago, chances of getting a notarized signoff are slim while chances of extortion or worse are high. We really don't want to depend on one invisible person for the next ten years. BTW will the same problem resurface when we file N-400 later this year? What are our options?

Thank you!

[RRR2016 21]

I'm sorry to say this, but I am really surprised this issue has not come up in the past when crossing the border. It might be a more recent issue, but yes in theory you need the approval from the biological father for the child to travel to other countries, even if the father is no longer or never has been a part of your stepchild's life. Did this issue not come up when applying for his green card? I was in a similar situation as you are and my best solution was to request full custody of my child through the court system in my home town. It was a 9 month process, but I was able to gain full custody based on the fact of the father's absence and no child support ever received. This was 5 years ago, but thanks to the document of the court ruling I have been able to complete many many procedures that usually require the biological father's signature. I would inquire if the father's approval will be necessary for the child to obtain U.S. citizenship, or when applying for his U.S. passport. But if I understood correctly both parent's consent/signatures are required even for the green card ... Best of luck to you.

[eurasian 0]

Problem solved!

A letter to the same consulate with roughly same arguments as in my original post was enough to get the required Schengen visa going.

Thanks for your support.