Documents for a 15year old

[LisaD1234 28]

My husband is american, myself and our common child got our visas and moved summer of 2021.   My 15year old child from another father was left behind, long story. 

Anyway i have started the court process to get her moved where I am,  we have settled and in a few weeks the judge will endorse the final order.  

Anyone else who has been through a similar situation and can give me advise on what wording the consulate is looking for? Or should i go straight to notarized letter?   I've spent alot of time and money on the court process and want to get on with his without having to go back to change some words in our order.  

[SalishSea 17,987]

32 minutes ago, LisaD1234 said:

My husband is american, myself and our common child got our visas and moved summer of 2021.   My 15year old child from another father was left behind, long story. 

Anyway i have started the court process to get her moved where I am,  we have settled and in a few weeks the judge will endorse the final order.  

Anyone else who has been through a similar situation and can give me advise on what wording the consulate is looking for? Or should i go straight to notarized letter?   I've spent alot of time and money on the court process and want to get on with his without having to go back to change some words in our order.  

Have you petitioned her for a visa yet?

 

[Boiler 45,788]

Will not the court order cover it?

[LisaD1234 28]

Oops

Edited January 24, 2023 by LisaD1234

[LisaD1234 28]

6 hours ago, Jorgedig said:

Have you petitioned her for a visa yet?

 

Yes and were at the NVC stage, her dad was just fighting me on the move so i had to pause and do the court thing 

[LisaD1234 28]

5 hours ago, Boiler said:

Will not the court order cover it?

Yeah, but being as how its being drafted and made i wanted to make sure i have the right wording in my order.   I didn't ask for sole custody and the father wants to make sure its still says he gets visits certain times of the years.  If theyre looking for certain words in that court order that will make the process easier now is the time i can add those words in

Yeah, but being as how its being drafted and made i wanted to make sure i have the right wording in my order.   I didn't ask for sole custody and the father wants to make sure its still says he gets visits certain times of the years.  If theyre looking for certain words in that court order that will make the process easier now is the time i can add those words in

[Boiler 45,788]

I would think the person to ask is your Lawyer handling this.

[mam521 2,113]

You will have to be listed as the primary custodial parent or managing conservator and you guys may need to add a line item into the custody agreement which states you will take your shared child out of country in addition to defining visitation.  

 

You may still want to ask him to sign and have a lawyer notarized letter stating he understands you are moving said child to the US.  This is a pretty clear cut indication he understands the magnitude of the situation.  

 

Check your state laws, too.  Sometimes there are legal and physical custody wordings that you may need to include as a CYA, in addition to wherever the agreement is being issued.  There may also need to be wording in the custody order that will allow you to make decisions without the father present (think health care decisions, schooling, etc). Another provision you may want to include is whether your current spouse is able to serve as a custodial decision maker in the event of an emergency.   

 

You want to make sure your documentation meets the requirements of the Hague Convention.  Most US states recognize Canadian court orders.  

[LisaD1234 28]

50 minutes ago, Boiler said:

I would think the person to ask is your Lawyer handling this.

The lawyer will handle everything family related but is not a immigration lawyer and cant give me any advice on that side of things.  

[LisaD1234 28]

47 minutes ago, mam521 said:

You will have to be listed as the primary custodial parent or managing conservator and you guys may need to add a line item into the custody agreement which states you will take your shared child out of country in addition to defining visitation.  

 

You may still want to ask him to sign and have a lawyer notarized letter stating he understands you are moving said child to the US.  This is a pretty clear cut indication he understands the magnitude of the situation.  

 

Check your state laws, too.  Sometimes there are legal and physical custody wordings that you may need to include as a CYA, in addition to wherever the agreement is being issued.  There may also need to be wording in the custody order that will allow you to make decisions without the father present (think health care decisions, schooling, etc). Another provision you may want to include is whether your current spouse is able to serve as a custodial decision maker in the event of an emergency.   

 

You want to make sure your documentation meets the requirements of the Hague Convention.  Most US states recognize Canadian court orders.  

Great information thank you.

I think along with the new order i will try and get the notarized letter.  Such a long expensive process i dont want any more delays!

[Boiler 45,788]

4 minutes ago, LisaD1234 said:

The lawyer will handle everything family related but is not a immigration lawyer and cant give me any advice on that side of things.  

Making sure the Order allows the child to migrate would not be an Immigration Lawyer issue.

[LisaD1234 28]

1 minute ago, Boiler said:

Making sure the Order allows the child to migrate would not be an Immigration Lawyer issue.

But my question is, what wording or documents is the consulate looking for?

I am aware that's the position of my lawyer. And my daughter even had her own lawyer to speak for her wishes in the process.   We're done that part, she can move.  The order will state that she can move to the US with her mom.   But should the consulate be looking for something more specific about moving, school, visitation etc then i wanted to know that information before we go in front of the judge and have the final order endorsed.   

[Boiler 45,788]

I have seen this come up quite a few times with UK based cases and have not seen this as an issue, the Court Order covered it.

 

I have not seen any pronouncements from a Consulate as to a specific wording they expect to see.

[Ontarkie 14,324]

For my case my lawyer did not trust my ex to not try to start something with he border guards. She had the court specifically say the the kids (listed by names) are allowed to permanently move to the US with Me. I know the Montreal likes to see that words "allowed to move permanently" to the USA. If you can ask the lawyer to make sure your wording is something like that.

[mam521 2,113]

My children's father signed, in front of a notarizing lawyer with lawyer seal, a formal letter including his name and address, the consulate's name and address and the following: 

 

Re: Immigrant Visa Application Case ID MTLXXXXXXXXX

 

To Whom It May Concern: 

 

I , <father's full name>, father to <child(ren)'s full name(s)>, consent for my child(ren) to emigrate to the United States of America on a permanent basis with their mother <mother's full name>.  

 

The Consulate accepted this and took the original letter and committed it to file at our interview.