Question on CR-1 (form question for immigrant's child)

[Lakeside92 1]

Hello all,

 

Hoping someone can clarify.  I read the instructions for the I-130 and just want to make sure I understand them correctly.  I am a USC and will be filling for a spousal visa for my wife who is a Brazilian citizen.  She has an eleven year old daughter from a previous relationship.  So I would need to fill out an I-130 for both my wife and an I-130 for her daughter?  Two separate I-130s that are filed together.  I would also need to pay two fees of $535.  Am I understanding this correctly?  Thanks!

[pushbrk 13,133]

1 minute ago, Lakeside92 said:

Hello all,

 

Hoping someone can clarify.  I read the instructions for the I-130 and just want to make sure I understand them correctly.  I am a USC and will be filling for a spousal visa for my wife who is a Brazilian citizen.  She has an eleven year old daughter from a previous relationship.  So I would need to fill out an I-130 for both my wife and an I-130 for her daughter?  Two separate I-130s that are filed together.  I would also need to pay two fees of $535.  Am I understanding this correctly?  Thanks!

Yes, you are, and eventually, you'll either need documentation your wife has full legal custody of the child, or the other parent's specific permission for the child to immigrate permanently to the USA.

[Lakeside92 1]

4 minutes ago, pushbrk said:

Yes, you are, and eventually, you'll either need documentation your wife has full legal custody of the child, or the other parent's specific permission for the child to immigrate permanently to the USA.

Thank you for your confirmation.  There was no court order and the father lives in Mexico.  Is there some type of document we need to prove the father gives his permission.  Do we submitted it with the I-130 or at the time of the interview?

 

Thanks again!

[pushbrk 13,133]

1 minute ago, Lakeside92 said:

Thank you for your confirmation.  There was no court order and the father lives in Mexico.  Is there some type of document we need to prove the father gives his permission.  Do we submitted it with the I-130 or at the time of the interview?

 

Thanks again!

Note the "or" in my post, and note things like or, and, etc. in form instructions.  Court ordered full custody is all you need, but not until the interview stage.  OK to upload it at the NVC stage though.  Not needed when filing the petition.

[Lakeside92 1]

3 minutes ago, pushbrk said:

Note the "or" in my post, and note things like or, and, etc. in form instructions.  Court ordered full custody is all you need, but not until the interview stage.  OK to upload it at the NVC stage though.  Not needed when filing the petition.

It is my understanding that there is no court order in place.  It may be easier to get the ex's permission then to take him to court to get full custody.  I will need to look into it more for Brazil.

[pushbrk 13,133]

4 minutes ago, Lakeside92 said:

It is my understanding that there is no court order in place.  It may be easier to get the ex's permission then to take him to court to get full custody.  I will need to look into it more for Brazil.

I misread.  Thought you said there IS a court order.  Most countries have a way to serve a summons by publication, or certified mail, as needed.  But do what works, as the child cannot immigrate without one or the other.  It's actually an international treaty, not just a US Immigration policy.

 

Where there is sometimes an issue is because in many cases such permission means there's no guarantee the parent will ever see their child again.  They can't force the child to visit them, and they may never be able to get a visa to visit the child in the USA.

 

Not uncommon to need to bribe the parent.

Edited February 20, 2022 by pushbrk