Wife(here) and stepson(abroad). Need help bringing my stepson here

[Sarines 0]

We both have a lot of questions.  We officially got married on her Visa a few weeks ago and are filing her paperwork for a green card along with an AOS and paperwork to work and travel while it’s being processed.  

Our main concern right now is our son who is still living in Venezuela.

 

His biological father is not on his birth certificate or any documentation. He’s about 20 months old.  His bio dad is very abusive and we have no reasoning to let them be together.  His bio dad is not a US citizen or green card holder, so he shouldn’t have any rights in America, especially since he’s not on his paperwork.

 

He does not have a passport yet, but we’re waiting for one.  Is there a way for him to get a US passport since we’re married?

 

Venezuela does not have an open embassy for America.  We can go to Colombia to file for visas if needed, but would rather go a different route if possible.

 

We are trying to get him here as soon as we can.  We’re not able to get a Visa for him as the Venezuelan embassy’s are closed.  We could go to Colombia, however they’re not giving them out that easily.  My only other idea was having me adopt him(she’s the only person on the birth certificate).  
 

Has anyone dealt with something similar and knows of a way we can bring him to live here by the end of 2021?  She wants her baby by her and I do too!

Edited December 24, 2020 by Sarines

[Boiler 45,897]

She came to the US on a K1 visa?

 

Your question about the child really is one of Venezuelan family law, and best for a local lawyer.

 

[Crazy Cat 42,032]

3 hours ago, Sarines said:

 Is there a way for him to get a US passport since we’re married?

No.  Marriage, in itself, confers no immigration rights.  As @Boiler said, you probably need to consult with an attorney in his country to sort out the custody matters. 

[Sarines 0]

5 hours ago, Boiler said:

She came to the US on a K1 visa?

 

Your question about the child really is one of Venezuelan family law, and best for a local lawyer.

 

She came on a tourist Visa.  I called USCIS and they said that’s OK.  We’re already married and filing the AOS and other forms will allow her to stay.  We didn’t expect to get married this time around but it happened.

 

As for our son, he’s getting a Venezuelan passport in a few days.  Because he’s getting that is there anything different we can do to speed the process up?

[Unlockable 7,315]

8 minutes ago, Sarines said:

She came on a tourist Visa.  I called USCIS and they said that’s OK.  We’re already married and filing the AOS and other forms will allow her to stay.  We didn’t expect to get married this time around but it happened.

 

As for our son, he’s getting a Venezuelan passport in a few days.  Because he’s getting that is there anything different we can do to speed the process up?

You can't speed up the process. Nobody can speed up the process. Especially now with Covid. You have to wait it out just like all the other processes.

[Crazy Cat 42,032]

10 minutes ago, Sarines said:

She came on a tourist Visa.  I called USCIS and they said that’s OK.  We’re already married and filing the AOS and other forms will allow her to stay.  We didn’t expect to get married this time around but it happened.

 

As for our son, he’s getting a Venezuelan passport in a few days.  Because he’s getting that is there anything different we can do to speed the process up?

Who is taking care of the child right now?  You could ask for an expedite, but she will still need full custody or permission from the father (per law in her country).  The process will not be fast.  

Edited December 24, 2020 by Lucky Cat

[carmel34 3,650]

7 hours ago, Sarines said:

His biological father is not on his birth certificate or any documentation. He’s about 20 months old.  His bio dad is very abusive and we have no reasoning to let them be together.  His bio dad is not a US citizen or green card holder, so he shouldn’t have any rights in America, especially since he’s not on his paperwork.

You're making assumptions about the father's legal rights.  What matters are his parental rights in Venezuela.  Even though he was not listed on the birth certificate, he may still have legal rights as the biological father, which could be verified with a DNA test.  Consulting with an experienced family law attorney in Venezuela would be your first step in seeing what options are possible in your case.  This sounds like a potential mess if you're not careful as there are international laws to consider here (both the US and Venezuela are Hague Convention countries).  Hopefully arrangements have been made with her family members in Venezuela to care for the baby as this could be a long expensive road.  Good luck!

[Boiler 45,897]

Assuming the child can immigrate, that is not clear, you would start by filing an I 130 as a step parent, best guess for time line currently is 12 to 18 months.

 

Obviously the depends on the child being able to leave Venezuela.

 

 

[Sarines 0]

2 hours ago, carmel34 said:

You're making assumptions about the father's legal rights.  What matters are his parental rights in Venezuela.  Even though he was not listed on the birth certificate, he may still have legal rights as the biological father, which could be verified with a DNA test.  Consulting with an experienced family law attorney in Venezuela would be your first step in seeing what options are possible in your case.  This sounds like a potential mess if you're not careful as there are international laws to consider here (both the US and Venezuela are Hague Convention countries).  Hopefully arrangements have been made with her family members in Venezuela to care for the baby as this could be a long expensive road.  Good luck!

The father is Mexican.  Not from Venezuela.  He was abusive and my wife decided to have the child in his home country to make sure he has no action to get him.  He’s not in America, or at least legally, and is also wanted for felony warrants.

[Sarines 0]

1 hour ago, Boiler said:

Assuming the child can immigrate, that is not clear, you would start by filing an I 130 as a step parent, best guess for time line currently is 12 to 18 months.

 

Obviously the depends on the child being able to leave Venezuela.

 

 

I’m just curious if the adoption process would be faster.  My wife said if we can’t get him here by the end of 2021.  With the i130. One of my questions is that Venezuela doesn’t have an American consulate or embassy, so getting a visa for him after the i130 might be difficult.

[Sarines 0]

2 hours ago, Lucky Cat said:

Who is taking care of the child right now?  You could ask for an expedite, but she will still need full custody or permission from the father (per law in her country).  The process will not be fast.  

Our parents(my parents in-law) are currently taking care of our son.  She does have full custody as the dad doesn’t visit or care about him(so far).

2 hours ago, Unlockable said:

You can't speed up the process. Nobody can speed up the process. Especially now with Covid. You have to wait it out just like all the other processes.

I’m not asking to speed up the process per say, but which way to go about it to make it the fastest.  Money wont be an issue.

[Boiler 45,897]

So which Court gave her full custody, a Mexican or Venezuelan one?

[NigeriaorBust 4,087]

 Even if the parent doesn't care you have to tread carefully.  Removing a child from their home country without the other parents consent can lead to international kidnapping charges in most countries.    Some people take the path of contacting the other parent with an offer to assist in filing to let the child leave.  

 

[aaron2020 11,651]

You can file an I-130 to start the immigration process for your stepson.

 

He can not get a US passport since he is not a US citizen.

 

Your father knows who the father is, so there is going to be a custody problem when it comes to your stepson getting an immigration visa.  The US Embassy will want either the father's written permission or a court order allowing the child to immigrate.

To adopt the child, you will need to terminate the father's parental rights.  Even though he is not named on the birth certificate, your wife knows who he is.  A court is unlikely to let you terminate the father's parent right and allow you to adopt without notifying the father.  Adoption will not speed up the immigration process.  

You need to contact a Venezuelan family lawyer to see what rights the father has and how to overcome it in order to bring the child to the US.   

[Sarines 0]

30 minutes ago, NigeriaorBust said:

 Even if the parent doesn't care you have to tread carefully.  Removing a child from their home country without the other parents consent can lead to international kidnapping charges in most countries.    Some people take the path of contacting the other parent with an offer to assist in filing to let the child leave.  

 

It’s not that the parent doesn’t only not care.  He’s not on the birth certificate.  He’s not from Venezuela where our son was born.  He’s also not in America legally.  AFAIK the only residence he can fight custody for is in Mexico.  He’s a deadbeat, and won’t fight for custody, let alone knows we’re bringing him here.