IR-2 green card interview for my child overseas from my ex wife and custody on her

[alps34 17]

Hi everyone,

I do have a question as a United States Citizen:

I have a 12 years old son living with his mom overseas. I have divorced from my ex-wife 8 years ago and last year applied IR-2 to bring him here to live with me, my new wife and daughter.

 

His mother have a full consent for him to live with me  and she will also go to embassy for interview to help my son but the divorce decree gave the full custody of my son to his mom 8 years ago.

He has an interview in March at overseas embassy and I wonder if the officers will make the custody a problem or can we do anything to avoid possible issues?

 

Many thanks and very best,

A

[Mike E 11,739]

You need to get joint custody. Otherwise your son won’t become a U.S. citizen when he enters the U.S. on his IR-2

 

You will also avoid I-864 and the green card fee.  
 

This all  assumes he is not a U.S. citizen already. 

Edited January 31, 2023 by Mike E

[alps34 17]

1 minute ago, Mike E said:

You need to get joint custody. Otherwise your son won’t become a U.S. citizen when he enters the U.S. on his IR-2

 

You will also avoid I-864 and the green card fee.  

Would they refuse the IR-2 visa at the embassy because of lack of my custody? I am the petitioner and mom (ex wife) has the full custody. Thanks

[Chancy 6,241]

*** Moved from US Citizenship General Discussion to Bringing Family of USC forum, where topics about IR2 cases are discussed ***

 

[Mike E 11,739]

1 hour ago, alps34 said:

Would they refuse the IR-2 visa at the embassy because of lack of my custody? I am the petitioner and mom (ex wife) has the full custody. Thanks

You need to think a few moves ahead versus being fixated on the IR-2.  
 

1. Are you sure your kid isn’t already a  U.S. citizen?

 

2. If your kid is a U.S. citizen expect the IR-2 visa to be denied. 
 

3. if your kid is not a U.S. citizen now, if you don’t get joint or full custody, then not only will your kid not be a U.S. citizen upon entry with the IR-2, when your kid reached age 18 or old and tries to file N-400, USCIS might say “but you should already be a U.S. citizen” and so deny your kid naturalization.  
 

4. Why are you resisting changing the custody order, given your ex is giving consent:

1 hour ago, alps34 said:

His mother have a full consent for him to live with me  and she will also go to embassy for interview to help my son

 

[alps34 17]

1 minute ago, Mike E said:

You need to think a few moves ahead versus being fixated on the IR-2.  
 

1. Are you sure your kid isn’t already a  U.S. citizen?

 

2. If your kid is a U.S. citizen expect the IR-2 visa to be denied. 
 

3. if your kid is not a U.S. citizen now, if you don’t get joint or full custody, then not only will your kid not be a U.S. citizen upon entry with the IR-2, when your kid reached age 18 or old and tries to file N-400, USCIS might say “but you should already be a U.S. citizen” and so deny your kid naturalization.  
 

4. Why are you resisting changing the custody order, given your ex is giving consent:

 

He is not a U.S. citizen as he has borned in Turkey. I became a US Citizen 2 years ago. I will change the custody order to file in the court in Turkey but it may take a lot long time as the IR-2 visa interview is in end of March 2023. Would they approve IR-2 even without a full or a half half custody of a petitioner? Thanks a lot!

[Mike E 11,739]

2 minutes ago, alps34 said:

Would they approve IR-2 even without a full or a half half custody of a petitioner?

Probably. 
 

I hope you get legal custody. Otherwise this kid is going to be facing a night mare. 

Edited January 31, 2023 by Mike E

[alps34 17]

Just now, Mike E said:

Probably. 

Thanks a lot Mike, I will go ahead and file in a court to get the half of the custody. Would this help him to grant a US citizenship or do I need a FULL custody? Thanks for everything! 

[Mike E 11,739]

Just now, alps34 said:

Thanks a lot Mike, I will go ahead and file in a court to get the half of the custody. Would this help him to grant a US citizenship or do I need a FULL custody? Thanks for everything! 

Either joint  or fully legal custody work.  

[alps34 17]

Just now, Mike E said:

Either joint  or fully legal custody work.  

Awesome, thanks  I don't think that it will be done until he admits into US borders but even if I get the custody document later, it may help?

[Mike E 11,739]

8 minutes ago, alps34 said:

Awesome, thanks  I don't think that it will be done until he admits into US borders but even if I get the custody document later, it may help?

If you get it before he reaches age 18 he will be a U.S. citizen. 

[alps34 17]

Just now, Mike E said:

If you get it before he reaches age 18 he will be a U.S. citizen. 

Amazing, thank you! The only issue I hope they will not refuse IR-2 visa

[Mike E 11,739]

20 minutes ago, alps34 said:

Amazing, thank you! The only issue I hope they will not refuse IR-2 visa

Ideally they RFE for a new custody order. That would protect your kid.  
 

Someday in the U.S. someone is going to demand proof of your custody.  Hopefully not before your kid needs medical treatment.  

Edited January 31, 2023 by Mike E

[alps34 17]

Just now, Mike E said:

Ideally they RFE for a new custody order. That would protect your kid.  
 

Someday in the U.S. someone is going to demand proof of your custody.  Hopefully not e-bike your kid needs medical treatment.  

Gotcha, many thanks!