Requirements for child to immigrate (split)

[siamnet74 1]

On 11/5/2021 at 8:23 PM, pushbrk said:

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.

 

 

What about the following fact pattern?

My Canadian wife has sole/legal custody (via signed seperation agreement) of her 9 year old (my step child). The biological father only has visitation rights. Hence, we're moving across the border so that the visitation right is not interrupted.

She and my 9 year old has an interview next month in Montreal (IR-1 and IR-2). We plan on bringing the seperation agreement.  However, in general, we're not sure if we'll get rejected from immigrating since we don't know if we need his permission or not. The ultimate decision/legal (per seperation agreement) resides with my wife though not with the biological father.

[pushbrk 13,000]

5 hours ago, siamnet74 said:

 

What about the following fact pattern?

My Canadian wife has sole/legal custody (via signed seperation agreement) of her 9 year old (my step child). The biological father only has visitation rights. Hence, we're moving across the border so that the visitation right is not interrupted.

She and my 9 year old has an interview next month in Montreal (IR-1 and IR-2). We plan on bringing the seperation agreement.  However, in general, we're not sure if we'll get rejected from immigrating since we don't know if we need his permission or not. The ultimate decision/legal (per seperation agreement) resides with my wife though not with the biological father.

I would think that's good enough, since the visitation is not being interrupted.  

[Ontarkie 14,320]

~~Hijack post and reply have been split off to their own thread.~~

[Ontarkie 14,320]

She may still be required a letter of consent from the father. In Canada sole custody is not the same as in the US. I was still required to have a letter of consent or court order. 

[Boiler 45,753]

I am not familiar with Canadian law but moving a child to another Country would normally impact visitation rights.

 

Something no doubt a Canadian Family Lawyer can advise on.

[siamnet74 1]

13 hours ago, pushbrk said:

I would think that's good enough, since the visitation is not being interrupted.  

Thank you and I'm contacting the attorney that drafted and executed my wife's seperation agreement just to make sure. The attorney told me to contact her again back on Jan 6th since she's on vacation. Our interview is Jan 29.

The language in the agreement specified 3 circumstances and I just want to make sure that my wife's sole custody extends to all circumstances and not just to those explicitely mentioned:

The way it's written (I'm not a family law expert), it seems to only give my wife ONLY full decision/legal custody only to 1) health, 2)religion and 3) health. THe child resides with my wife and father just has visitation rights (with specific holiday schedules). Hence, I'm a bit leery but I don't know if the Officer at the interview is going to understand the nuance/condition or just read it as full general legal custody for my wife.

 

Thank you for your answer.

[siamnet74 1]

9 minutes ago, Boiler said:

I am not familiar with Canadian law but moving a child to another Country would normally impact visitation rights.

 

Something no doubt a Canadian Family Lawyer can advise on.

This circumstance, vistitation rights will not be impacted at all. Currently, my wife lives 2 hours from the biological father (he chose to move away after seperation). We're only moving to my house in Buffalo which is only 2.5 (extra 30 mins) away from the biological father's house. Thus, we plan crossing back and forth to bring the child to see him during this normal weekends. His visitation will not be impacted.

The family lawyer that drafted her seperation agreement is on vacation until Jan 6th. Thus, I plan on contacting that same lawyer for advice on the agreement (not sure if she practices immigration law but at least she can help with modification to the seperation agreement or start a court  proceeding that will allow my stepchild immigrate). 

 

 

[siamnet74 1]

11 hours ago, Ontarkie said:

She may still be required a letter of consent from the father. In Canada sole custody is not the same as in the US. I was still required to have a letter of consent or court order. 

Hmmm...I would have thought NVC/USCIS would have asked for a letter of consent already. 

 

He is definitely not giving consent but he is aware of that we applied for a green card for the child since I told him that it would give the child a better opportunity for college, etc. etc. He wasn't against that idea of the child moving but wanted to wait until the child was 18.   The child can decide for herself around the age of 12, she is currently 9 years old.

 

The father barely and under pays child support and seems to spend his money on trips and toys instead the child. Child services has been involved twice (school initiated it since the kid complained about it at school)  but they couldn't proof the physical abuse since it wasn't frequent. My kid has ADHD, emotional regulation and other behavioral issues that I pay out of pocket for a mental health therapist to come see my kid 2-3x a month.  The father doesn't seem to care about that at all and would rather focus on doing fun stuff with her instead of being a real parent.

[Boiler 45,753]

12? That seems odd.

[EmilyW 1,469]

12 is the age where judges will take into consideration the child's opinion and subsequently change visitation schedules.  Obviously, leeway on either side of that age depending on the circumstances, but 12 seems to be common.

 

I'm guessing OP and wife are waiting this out in Buffalo and, when the child turns 12, looking to change the schedule completely.  

Edited Tuesday at 10:25 AM by EmilyW

[Ontarkie 14,320]

10 hours ago, siamnet74 said:

Hmmm...I would have thought NVC/USCIS would have asked for a letter of consent already. 

 

He is definitely not giving consent but he is aware of that we applied for a green card for the child since I told him that it would give the child a better opportunity for college, etc. etc. He wasn't against that idea of the child moving but wanted to wait until the child was 18.   The child can decide for herself around the age of 12, she is currently 9 years old.

 

The father barely and under pays child support and seems to spend his money on trips and toys instead the child. Child services has been involved twice (school initiated it since the kid complained about it at school)  but they couldn't proof the physical abuse since it wasn't frequent. My kid has ADHD, emotional regulation and other behavioral issues that I pay out of pocket for a mental health therapist to come see my kid 2-3x a month.  The father doesn't seem to care about that at all and would rather focus on doing fun stuff with her instead of being a real parent.

NVC doesn't ask for that. It is Montreal that will need it before a visa is issued. 

I hate to tell you but until 18 you need a court order or parental permission. The 12 thing is only for a judge to take into consideration the child's thoughts and wishes. 

 

You're preaching to the choir here, my ex didn't pay a cent in child support. He lived 5 mins walking distance from my kids and still never saw them. He was abusive, plenty of police reports, CPS and medical records of drug and alcohol abuse. I still needed either his consent or a court order. I went with a court order, so there was no chance of him changing his mind.  

 

 

[siamnet74 1]

On 12/24/2024 at 5:21 AM, Boiler said:

12? That seems odd.

I spoke with a Family lawyer friend who stated that Canadian court looks at the maturity level of a child but 12 seems to be a "target" number. Some kids may be emotional mature before 12 or some may not be at the age of 12. I'm still trying to figure out how mature my kid is in the eyes of the court.

The mental therapist of the kid told me the same thing as the family lawyer friend about the age can be younger than 12...depends on emotional maturity level of the child. She doesn't want to live with her dad since he's not very nice. She sometimes doesn't want to visit but feels bad because he uses guilt trip a lot on her.

[siamnet74 1]

17 hours ago, Ontarkie said:

NVC doesn't ask for that. It is Montreal that will need it before a visa is issued. 

I hate to tell you but until 18 you need a court order or parental permission. The 12 thing is only for a judge to take into consideration the child's thoughts and wishes. 

 

You're preaching to the choir here, my ex didn't pay a cent in child support. He lived 5 mins walking distance from my kids and still never saw them. He was abusive, plenty of police reports, CPS and medical records of drug and alcohol abuse. I still needed either his consent or a court order. I went with a court order, so there was no chance of him changing his mind.  

 

 

 

Well, I guess we're going to wait this out after the interview. If denied immigration due to that sole reason (needing court permission for the child to immigrate) then we will initiate a court proceeding immediately. We don't want to wait for her to turn 18, we'd rather have this resolve before she starts high school in the US.
 

 

[siamnet74 1]

On 12/24/2024 at 5:25 AM, EmilyW said:

12 is the age where judges will take into consideration the child's opinion and subsequently change visitation schedules.  Obviously, leeway on either side of that age depending on the circumstances, but 12 seems to be common.

 

I'm guessing OP and wife are waiting this out in Buffalo and, when the child turns 12, looking to change the schedule completely.  

That is correct.  Ideally, if granted permission to immigrate then we'll immediately move to Buffalo and wait out till the child turns 12 (for her to choose which parent she wants to live with on a full time basis) before we move further down South or Southwest. 

I cannot search or find a new job until we move to Buffalo or all of us live together in the US. I've put my career on hold (e.g., still toiling at the same company and not looking at other places) since 2021 due to the fact that I work from home and I spend most of my time taking care of the kid, house, etc. (my wife works 2 jobs just to get by in Canada).  This wouldn't be a problem where my wife doesn't have to work at all if i am "allowed" to find a new job (i.e., once we live in the same household in the US).

 

[Boiler 45,753]

You need to read up on The Hague convention, if she is issued a visa, unlikely but mistakes happen, that will not release you from possible action.

 

Are you working in the US or Canada?