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Caresse33

AOS for a stepchild, could anyone provide information?

By Caresse33 in Adjustment of Status from Work, Student, & Tourist Visas

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geowrian Grand Master

geowrian   22,337

Posted
Filed: Lift. Cond. (pnd) Country: Philippines
 Timeline
Posted
Just now, Caresse33 said:

No they are both on it

Expect to need an affidavit from them or a court order.

Timelines:

ROC:

Spoiler

7/27/20: Sent forms to Dallas lockbox, 7/30/20: Received by USCIS, 8/10 NOA1 electronic notification received, 8/1/ NOA1 hard copy received

AOS:

Spoiler

AOS (I-485 + I-131 + I-765):

9/25/17: sent forms to Chicago, 9/27/17: received by USCIS, 10/4/17: NOA1 electronic notification received, 10/10/17: NOA1 hard copy received. Social Security card being issued in married name (3rd attempt!)

10/14/17: Biometrics appointment notice received, 10/25/17: Biometrics

1/2/18: EAD + AP approved (no website update), 1/5/18: EAD + AP mailed, 1/8/18: EAD + AP approval notice hardcopies received, 1/10/18: EAD + AP received

9/5/18: Interview scheduled notice, 10/17/18: Interview

10/24/18: Green card produced notice, 10/25/18: Formal approval, 10/31/18: Green card received

K-1:

Spoiler

I-129F

12/1/16: sent, 12/14/16: NOA1 hard copy received, 3/10/17: RFE (IMB verification), 3/22/17: RFE response received

3/24/17: Approved! , 3/30/17: NOA2 hard copy received

 

NVC

4/6/2017: Received, 4/12/2017: Sent to Riyadh embassy, 4/16/2017: Case received at Riyadh embassy, 4/21/2017: Request case transfer to Manila, approved 4/24/2017

 

K-1

5/1/2017: Case received by Manila (1 week embassy transfer??? Lucky~)

7/13/2017: Interview: APPROVED!!!

7/19/2017: Visa in hand

8/15/2017: POE

 

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Caresse33 Explorer

Caresse33   87

Posted
Filed: Citizen (pnd) Country: United Kingdom
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Posted
4 minutes ago, geowrian said:

Expect to need an affidavit from them or a court order.

Would the affadavit needs to be legalised or notarise? Or just a simple statement?

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Crazy Cat Grand Master

Crazy Cat   41,857

Posted
Filed: Citizen (apr) Country: Taiwan
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Posted (edited)
23 minutes ago, Caresse33 said:

No they are both on it

Then you really need permission from the other parent or the court order. As I said earlier, this as much a legal issue as an immigration issue.

Edited by missileman

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Ontarkie Grand Master

Ontarkie   14,224

Posted
Filed: Citizen (apr) Country: Canada
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Posted (edited)

You need to find out if the mother has sole custody or not. Some countries give the mother sole custody if they are not married. 

 

Start a post in the UK forum and ask there, that will be a good starting point.

 

After a google search it shows he has rights as his name is on the birth certificate. Time to get a lawyer in the UK unless mom thinks dad will give a letter of consent. 

 

In this situation a notarized letter and copy of his ID would be best. 

Edited by Ontarkie
Spoiler

Met Playing Everquest in 2005
Engaged 9-15-2006
K-1 & 4 K-2'S
Filed 05-09-07
Interview 03-12-08
Visa received 04-21-08
Entry 05-06-08
Married 06-21-08
AOS X5
Filed 07-08-08
Cards Received01-22-09
Roc X5
Filed 10-17-10
Cards Received02-22-11
Citizenship
Filed 10-17-11
Interview 01-12-12
Oath 06-29-12

Citizenship for older 2 boys

Filed 03/08/2014

NOA/fee waiver 03/19/2014

Biometrics 04/15/14

Interview 05/29/14

In line for Oath 06/20/14

Oath 09/19/2014 We are all done! All USC no more USCIS

 

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Boiler Grand Master

Boiler   45,516

Posted
Filed: K-1 Visa Country: Wales
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Posted

UK does not, far more children it seems are born in Partnerships than in the US and it would be contra logical to do so. I do not know the answer, I would strongly suggest a consultation with a UK Family Lawyer.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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JonSeattle Enthusiast

JonSeattle   202

Posted
Filed: AOS (pnd) Country: Philippines
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Posted

If you know where the father is, there may be an issue of child support payments that are owed. He has a big incentive to give up parental rights. If you cannot locate the father, then it is a matter of proving that the father has abandoned the child. This might involve steps such as publishing a notice in a newspaper. But that's not the only problem, because you also need to show that there really is no place for the child to go back to. This is very much in get a lawyer territory.

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NigeriaorBust Grand Master

NigeriaorBust   4,087

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Filed: Citizen (apr) Country: Nigeria
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Posted

 You need to show that there is no parental relationship.   You may not need a permission to immigrate letter if you show that the other bio donor has not been in the child's life.  My case was extreme where the other parent threatened both of us and I had court permission to hide which gave me permission to travel without his knowing. 

This will not be over quickly. You will not enjoy this.

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NikLR Grand Master

NikLR   13,227

Posted
Filed: Lift. Cond. (apr) Country: Canada
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Posted
11 hours ago, JonSeattle said:

If you know where the father is, there may be an issue of child support payments that are owed. He has a big incentive to give up parental rights. If you cannot locate the father, then it is a matter of proving that the father has abandoned the child. This might involve steps such as publishing a notice in a newspaper. But that's not the only problem, because you also need to show that there really is no place for the child to go back to. This is very much in get a lawyer territory.

Some countries make it almost impossible to give up parental rights.  Strangely in such a anti-abortion country as the USA, it's really easy. 

I completely agree that the legal routes need to be explored for this AOS to be successful. 

You have brains in your head. You have feet in your shoes. You can steer yourself any direction you choose.  - Dr. Seuss

 

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