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

[Crazy Cat 42,032]

1 minute ago, Sarines said:

He’s not from Venezuela where our son was born

That complicates things even more.  This is more than an immigration issue.  Good luck.

[Sarines 0]

1 minute ago, Lucky Cat said:

That complicates things even more.  This is more than an immigration issue.  Good luck.

How does that make it more difficult if the father isn’t anywhere in the picture in person or on paper?

[aaron2020 11,651]

1 minute ago, Sarines said:

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.

Doesn't matter.

Are you versed in Venezuelan law to know that the father has no legal rights there?  How sure are you on your legal training in this area?  Maybe you should consult a Venezuelan family lawyer? 

 

Your wife knows who the father is.  He may have parental rights.  That's not for you to determine.  It doesn't matter if he's not in America legally.  

The US Embassy will want the father's legal permission or a court order allowing the child to immigrate.

If your wife lies to the US Embassy and say the father is unknown, you are looking at a load of potential trouble down the line.  

[Crazy Cat 42,032]

1 minute ago, Sarines said:

How does that make it more difficult if the father isn’t anywhere in the picture in person or on paper?

You are dealing with laws of other countries.

[aaron2020 11,651]

2 minutes ago, Sarines said:

How does that make it more difficult if the father isn’t anywhere in the picture in person or on paper?

Your wife knows who the father is.  This is why it matters to the US Embassy.  

It doesn't matter that he's not in the picture.  It doesn't matter that your wife failed to list him as the father.  She knows who the father is and the US Embassy will want that information in order to issue an immigration visa to the child. 

[Crazy Cat 42,032]

 

13 minutes ago, Sarines said:

He’s a deadbeat, and won’t fight for custody, let alone knows we’re bringing him here.

That is speculation on your part.  If you unlawfully remove his child from there, it could get ugly for you quickly.  My opinion.........good luck.

[aaron2020 11,651]

You are making two dangerous assumptions.

 

1.  You assumed that the father has no parental rights because your wife did not name him on the birth certificate.  

 

2.  You assumed that the US Embassy will not care about the father's right because he is not named on the birth certificate even though your wife knows his identity when seeking an immigration visa.

What are you going to declare on the I-130 when it asks for the name of the father? A document which you will legally attest to as true under penalty of perjury?  Are you going to lie and not list the father's name even though you know who he is?  

Edited December 24, 2020 by aaron2020

[Sarines 0]

He had multiple opportunities to recognize his son in Venezuela.  There are emails and pictures of him refusing to recognize him as his son.  Flights and paperwork ready to go and my wife was waiting for him to go to Venezuela.  He never showed up. My wife also has a restraining order on him.

 

For the reason of him not showing up my wife and Venezuela recognized my wife as his sole parent.  Venezuela doesn’t need to have both parents signed off on a visa or passport/adoption process.  She talked to a lawyer already about it, and she had sole custody.  No rights over the child for him.

[AstoriaAOS 33]

33 minutes ago, Sarines said:

He had multiple opportunities to recognize his son in Venezuela.  There are emails and pictures of him refusing to recognize him as his son.  Flights and paperwork ready to go and my wife was waiting for him to go to Venezuela.  He never showed up. My wife also has a restraining order on him.

 

For the reason of him not showing up my wife and Venezuela recognized my wife as his sole parent.  Venezuela doesn’t need to have both parents signed off on a visa or passport/adoption process.  She talked to a lawyer already about it, and she had sole custody.  No rights over the child for him.

If you’re absolutely sure that it’s legally airtight and that the father has no custody, then it should be fine. Just because he’s not recognizing his son now doesn’t mean he won’t in the future. If he can still press for custody in the future, you and your partner may be engaging in international child abduction. Just keep that in mind.

Edited December 24, 2020 by AstoriaAOS

[carmel34 3,650]

45 minutes ago, Sarines said:

Venezuela doesn’t need to have both parents signed off on a visa or passport/adoption process.

US immigration officers will require documentation to show that the biological father has no parental rights, such as a court document stating that the mother has sole legal custody, or a signed, legal document from the father stating that his baby can immigrate to the US.  I suggest hiring very experienced attorneys, one in your US state and one in Venezuela who know both US immigration law and local family law, to prepare for the documentation you will need to provide during the I-130 and eventually, visa process.  This is not a DIY case.  Good luck, I hope it works out so that the baby can be with his mother soon.

 

 

[Orangesapples 1,954]

2 hours ago, Sarines said:

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.

It's not faster, file I-130 now as a step parent 

[Sarines 0]

If we file a i130 form we will have to travel to a consulate to obtain him a Visa, once it’s approved, correct?  
 

That seems like a better route then adoption as it might be less of a headache.  We’ll contact a Venezuelan family lawyer and ask them about it.

[aaron2020 11,651]

15 minutes ago, Sarines said:

If we file a i130 form we will have to travel to a consulate to obtain him a Visa, once it’s approved, correct?  
 

That seems like a better route then adoption as it might be less of a headache.  We’ll contact a Venezuelan family lawyer and ask them about it.

There is only one path for the child to immigrate to the US.  It requires filing the I-130.  There's no way to avoid it.  Ultimately, the child will be interviewed for an immigration visa at a US Embassy/Consulate.  

Adoption does not avoid the need for an immigration visa.  Even if you adopt him, you would still need to file an I-130 to petition for him.  Adoption would only delay the inevitable need for filing the I-130.  

Edited December 24, 2020 by aaron2020

[Orangesapples 1,954]

3 minutes ago, aaron2020 said:

There is only one path for the child to immigrate to the US.  It requires filing the I-130.  There's no way to avoid it.  Ultimately, the child will be interviewed for an immigration visa at a US Embassy/Consulate.  

Adoption does not avoid the need for an immigration visa.  Even if you adopt him, you would still need to file an I-130 to petition for him.  Adoption would only delay the inevitable need for filing the I-130.  

Agreed. Adopt the child if you want to, once he's in the US. Adopting him will not speed up the process. File the I-130 as soon as possible. 

[aaron2020 11,651]

On the I-130, you will need to provide information about the father as required.  Even though he's not on the birth certificate, you know the information and you need to provide it.  You will be attesting that the information in the I-130 is true and accurate under penalty of perjury when you sign it. Omitting the father's information would be a lie and you may not like the consequences.