Bringing my son to US, is sole custody enough?

[yuyul 1]

Hi there,

 

I am from Singapore.

 

Getting married to USC next Oct and will start my process of the I130.

 

Following that, my spouse USC will be starting the process for my son before he turns 18.

 

At the moment, care and control is to me while me and ex husband share custody of my son.

 

Does going to the lawyer and changing the shared custody to sole custody suffice in this application?

Will this document be enough to support moving my son to US?

 

As my lawyer advice that, since my ex husband has been uncontactable, it may be hard to even obtain his signature for relocation variation.

 

In any case, the plan is for my son to move to US after he is 21 years old.

And I would like to be able to file the petition before he turns 18.

 

Thank you.

 

 

[Boiler 45,445]

You are marrying next year and have filed a K1?

 

I do not know the details of Singapore Family Law, best to ask your Lawyer if what you will have will allow him to move countries.

[yuyul 1]

14 minutes ago, Boiler said:

You are marrying next year and have filed a K1?

 

I do not know the details of Singapore Family Law, best to ask your Lawyer if what you will have will allow him to move countries.

Hi,

 

Not at all, we will be going for CR1, forgive me if my terms are wrong.

 

At 21, he will be able to make his own decision, no longer restricted by the custody.

 

I am just concerned if the paperwork of having sole custody is enough to file a i130 for my son before he turns 18.

[Dashinka 24,479]

11 minutes ago, yuyul said:

Hi,

 

Not at all, we will be going for CR1, forgive me if my terms are wrong.

 

At 21, he will be able to make his own decision, no longer restricted by the custody.

 

I am just concerned if the paperwork of having sole custody is enough to file a i130 for my son before he turns 18.

As long as the marriage takes place before he turns 18, your USC spouse can file for him.  The custody question will come up when your son actually applies for a visa at the consulate.

[Boiler 45,445]

How old is he now?

[Crazy Cat 41,810]

23 minutes ago, yuyul said:

I am just concerned if the paperwork of having sole custody is enough to file a i130 for my son before he turns 18.

No permission is required for your spouse to file an I-130.   An I-130 only establishes the relationship.  It does not grant any immigration benefit in itself.  In addition, no permission will be required when he immigrates if he is 21 years old..

Edited September 17 by Crazy Cat

[yuyul 1]

5 minutes ago, Boiler said:

How old is he now?

15!

[Crazy Cat 41,810]

Just now, yuyul said:

15!

You don't plan for him to immigrate for 6 years, correct?

[yuyul 1]

12 minutes ago, Dashinka said:

As long as the marriage takes place before he turns 18, your USC spouse can file for him.  The custody question will come up when your son actually applies for a visa at the consulate.

Yes the marriage will take place before he turns 18.

 

Will they ask for this letter that mention my ex husband allows my son to immigrate or sole custody is sufficient?

1 minute ago, Crazy Cat said:

You don't plan for him to immigrate for 6 years, correct?

Yes this is right.

 

Simply to file before he turns 18, to lock the child age.

 

Im just curious if having sole custody is enough.

[Dashinka 24,479]

15 minutes ago, yuyul said:

Yes the marriage will take place before he turns 18.

 

Will they ask for this letter that mention my ex husband allows my son to immigrate or sole custody is sufficient?

Yes this is right.

 

Simply to file before he turns 18, to lock the child age.

 

Im just curious if having sole custody is enough.

Not on the I130, that comes later when you are actually applying for a visa for him and he is under 21, or whatever age family law in Singapore is the age a majority.  As to what you need custody wise, as @Boiler mentioned, that is best asked of a family law attorney in Singapore, but I do believe legal sole custody would suffice if required.  However if your ex- is allowing this it is really a moot point.

 

Good Luck!

Edited September 17 by Dashinka

[Boiler 45,445]

15, marrying next year so add another 2 he will be 18 and cannot believe it would be an issue then?

[yuyul 1]

39 minutes ago, Dashinka said:

Not on the I130, that comes later when you are actually applying for a visa for him and he is under 21, or whatever age family law in Singapore is the age a majority.  As to what you need custody wise, as @Boiler mentioned, that is best asked of a family law attorney in Singapore, but I do believe legal sole custody would suffice if required.  However if your ex- is allowing this it is really a moot point.

 

Good Luck!

 

Thank you, I do actually have a lawyer in Singapore.

 

However, the situation is that, I don't know where he is and the lawyer has adviced that even if the judge grants me sole custody by default, this particular letter may not be possible as he just has been long gone.

So in this case, I may only have the sole custody decree and possibly the relocation order(low chances of this getting approved).

 

But please correct me if I'm wrong.

 

I will ask my partner to apply I130 for my son before he turns 18 right?

Subjected to the approval, we can slow walk or rather put the process on hold till hes 21 years old and then apply for the visa?

Will the CSPA apply still?

 

 

[Boiler 45,445]

Sounds odd to me an 18 year old would have an issue.

[Dashinka 24,479]

21 minutes ago, yuyul said:

 

Thank you, I do actually have a lawyer in Singapore.

 

However, the situation is that, I don't know where he is and the lawyer has adviced that even if the judge grants me sole custody by default, this particular letter may not be possible as he just has been long gone.

So in this case, I may only have the sole custody decree and possibly the relocation order(low chances of this getting approved).

 

But please correct me if I'm wrong.

 

I will ask my partner to apply I130 for my son before he turns 18 right?

Subjected to the approval, we can slow walk or rather put the process on hold till hes 21 years old and then apply for the visa?

Will the CSPA apply still?

 

 

Is 21 the age a majority in Singapore?

[yuyul 1]

22 minutes ago, Dashinka said:

Is 21 the age a majority in Singapore?

Indeed yes.