Sponsor step-child and custody issues

[JeinKa 0]

Hi guys,

 

I am a U.S. citizen. My spouse used to divorce before, and in her divorce decree, it is stated that her ex-spouse is in charge of her son's custody. She only has the right to visit and to jointly take care of him. In this case, am I eligible to file a petition to sponsor the son? Or, is there any document needed like a waiver of parental rights for children from her ex-spouse?

 

Thank you

[pushbrk 12,894]

8 minutes ago, JeinKa said:

Hi guys,

 

I am a U.S. citizen. My spouse used to divorce before, and in her divorce decree, it is stated that her ex-spouse is in charge of her son's custody. She only has the right to visit and to jointly take care of him. In this case, am I eligible to file a petition to sponsor the son? Or, is there any document needed like a waiver of parental rights for children from her ex-spouse?

 

Thank you

In order to get an immigrant visa for a step child, your wife would need to get written permission for the child to immigrate permanently to the US....OR....have a court order awarding her full custody.  Time to talk to the child's father.

 

[Unlockable 7,314]

9 hours ago, JeinKa said:

Hi guys,

 

I am a U.S. citizen. My spouse used to divorce before, and in her divorce decree, it is stated that her ex-spouse is in charge of her son's custody. She only has the right to visit and to jointly take care of him. In this case, am I eligible to file a petition to sponsor the son? Or, is there any document needed like a waiver of parental rights for children from her ex-spouse?

 

Thank you

You can't waive the parental rights of a court ordered judgement. Immigration is going to see it in black and white when you submit the divorce decree. They will not override a decision like that. So if you try to file for the child without proper permission, it would be denied.
 

The only options available, like @pushbrk stated, is the father giving permission for the child to immigrate or have a court order. And to be honest, the latter would likely be more difficult of the two options.

[pushbrk 12,894]

10 hours ago, Unlockable said:

You can't waive the parental rights of a court ordered judgement. Immigration is going to see it in black and white when you submit the divorce decree. They will not override a decision like that. So if you try to file for the child without proper permission, it would be denied.
 

The only options available, like @pushbrk stated, is the father giving permission for the child to immigrate or have a court order. And to be honest, the latter would likely be more difficult of the two options.

Note that a petition can be filed and approved without the needed custody/permission documentation, but the visa will not be issued without it.