Custody - Required?

[pcubes99 20]

Correct me if I'm wrong here,

 

But I'm about to begin the Cr1 process for my soon to be wife (planning to get married next week) and her daughter from a previous marriage, but just now one of the lawyers mentioned that I would need the daughter's father to give up custody. Is this correct?

 

When I was leaning towards the K1, he said all I need was a letter from the daughter's father that he acknowledges that his daughter is relocating to the US. But because I'm doing the spousal visa, he said I need some paperwork showing that he is giving up custody.

 

If this is the case, if they are approved for the K1 and then go apply for the green card, will him still having custody still be an issue?

 

Thank you.

[Just Paul 4,595]

11 minutes ago, pcubes99 said:

I would need the daughter's father to give up custody. Is this correct?

You need permission to travel / relocate to the US.  He does not need to terminate his parental rights.

Edited May 20, 2019 by Paul & Mary

[pcubes99 20]

Got it! So what the lawyer told me was not too clear, he was adamant that for Cr1, the father needs to give up custody.

 

The father is willing to sign an acknowledgement that his daughter is going to the US , so the CR1 is still an available option for us. Whew.

 

Thank you. 

[Ontarkie 14,221]

Just permission to move to the US is all that is needed.

[pcubes99 20]

Thanks for the confirmation!

[pushbrk 12,882]

4 hours ago, pcubes99 said:

Got it! So what the lawyer told me was not too clear, he was adamant that for Cr1, the father needs to give up custody.

 

The father is willing to sign an acknowledgement that his daughter is going to the US , so the CR1 is still an available option for us. Whew.

 

Thank you. 

Permission, not just acknowledgement.  Permission to become a permanent resident of the US.  

 

That said, we don't know which country they'll be coming from. If the Philippines, you need NOTHING if the father wasn't married to the mother when the child is born.  It's possible some other countries may require court ordered custody, to relocate the child to another country.  What international law requires is "permission".  Full Custody that is unconditional, removes the requirement for "permission".

[pcubes99 20]

They were married before and now divorce. They will be coming from Taiwan.

Edited May 20, 2019 by pcubes99

[pushbrk 12,882]

1 hour ago, pcubes99 said:

They were married before and now divorce. They will be coming from Taiwan.

Permission OR court ordered full custody will do.