Cr1 for child without biological father consent

[Visajourney11111 0]

I am from India, My ex wife got married to an American citizen. My daughter living with my ex.

Now she is planning to take my daughter with her to USA via CR1. my question is can USCIS approve my daughter's greencard without my consent? As per agreement that I have visitation once a month. 

 

 

[SalishSea 17,829]

17 minutes ago, Visajourney11111 said:

I am from India, My ex wife got married to an American citizen. My daughter living with my ex.

Now she is planning to take my daughter with her to USA via CR1. my question is can USCIS approve my daughter's greencard without my consent? As per agreement that I have visitation once a month. 

 

 

Most here will not know much about Indian child custody laws, but aside from the visitation, do you have a custody arrangement?  

 

For example, here in the US it is common that decisions such as relocating a child (sometimes even to a different school district, let alone continent) are joint decisions, and spelled out clearly in court documents, such as parenting plans.

Edited June 29, 2021 by Jorgedig

[Visajourney11111 0]

There is no custody arrangements just visitation. 

[pushbrk 12,883]

19 hours ago, Visajourney11111 said:

I am from India, My ex wife got married to an American citizen. My daughter living with my ex.

Now she is planning to take my daughter with her to USA via CR1. my question is can USCIS approve my daughter's greencard without my consent? As per agreement that I have visitation once a month. 

 

 

This question can only be reliably answered by a family law attorney in India, but in my opinion, she cannot get the child a CR2 visa, without EITHER your consent or a new court order giving her the legal right to move permanently relocate the child to another country.  If your divorce agreement gives her full custody already, then you would need to take successful legal action to change that.