A permission from my kids' father ?

[kareelina 42]

Hi VJ

My US husband filed IR-1 visa forms for me and my two kids"from my ex husband" I am the one who raising them , my ex has nothing to do with them neither financially nor emotionally , may be it is still early for my question , but at the time of the interview do I need a permission from my ex to take my kids with me bare in mind he is the one who issued their passports , as here in Egypt the authorities never allow a divorced wife to issue passports for her own children , but issuing passports by the father is a proof of his approval to travel anywhere, anybody has the same issue , please tell me what to do ?

[Ning 619]

Hi VJ

My US husband filed IR-1 visa forms for me and my two kids"from my ex husband" I am the one who raising them , my ex has nothing to do with them neither financially nor emotionally , may be it is still early for my question , but at the time of the interview do I need a permission from my ex to take my kids with me bare in mind he is the one who issued their passports , as here in Egypt the authorities never allow a divorced wife to issue passports for her own children , but issuing passports by the father is a proof of his approval to travel anywhere, anybody has the same issue , please tell me what to do ?

Its would be best to contact the embassy asking this question directly to them. In the embassies I know of you would need a letter from him but this is so critical you must ask them I think.

Egypt can be difficult so getting this understood & done early would be a very good idea.

[kareelina 42]

Thanks a lot , yes the CO here are too tough ,

[LBeachey 44]

I would echo Ning, the consulate is going to follow Egyptian laws here so it is likely you will need some form of permission from your ex-husband so asking the consulate would be a good first step.

Possibly one of the moderators could be move this to the regional discussion for Egypt as someone might have direct experience.

[kareelina 42]

I would echo Ning, the consulate is going to follow Egyptian laws here so it is likely you will need some form of permission from your ex-husband so asking the consulate would be a good first step.

Possibly one of the moderators could be move this to the regional discussion for Egypt as someone might have direct experience.

I bet you are right , because most of the people working in the embassy are Egyptian ,

[LBeachey 44]

I bet you are right , because most of the people working in the embassy are Egyptian ,

Yes many employees in consulates around the world are locals but the decision makers are all US govt officers/citizens. And while immigration to the US is governed by US law, the consulate is not going to ignore Egyptian laws on child custody which is likely governed first by international treaty. However, based upon your statement about their passports, it appears Egyptian law favors the father which means you need to better understand Egyptian law. Happy to help.

[kareelina 42]

Yes many employees in consulates around the world are locals but the decision makers are all US govt officers/citizens. And while immigration to the US is governed by US law, the consulate is not going to ignore Egyptian laws on child custody which is likely governed first by international treaty. However, based upon your statement about their passports, it appears Egyptian law favors the father which means you need to better understand Egyptian law. Happy to help

The Egyptian law doesn't allow the divorced mother to keep the kids if she remarries in case the ex husband claim to take the kids , but in my case my ex knew that I would get married actually I've been married for 4 years now and he never claimed to take the kids, and my husband is the one who takes care of them.

But the Egyptian law is always by the father's side .

[aaron2020 11,651]

I bet you are right , because most of the people working in the embassy are Egyptian ,

Hi,

Being Egyptians has nothing to do with this. The U.S. Embassy under international law must follow local laws on child custody and passports. The Egyptian employees are not using their judgments, they are following the law as instructed by their U.S. Government employer.

[Jawaree 717]

Since he's already agreeable about their travels get the letter from him notorized

[Ryan H 3,790]

***One non-responsive post removed. Either post constructively or do not post; additional non-constructive posting will not be tolerated.***

Possibly one of the moderators could be move this to the regional discussion for Egypt as someone might have direct experience.

~~~Because the OP's questions is directly related to the process, the thread has not been moved. However, I went to the MENA regional forum and posted a link to this thread and asked if anyone had any knowledge about Egyptian family law and how it pertains to the OP's situation, the sharing of their knowledge would be greatly appreciated.~~~

[Ihavequestions 419]

Hi VJ

My US husband filed IR-1 visa forms for me and my two kids"from my ex husband" I am the one who raising them , my ex has nothing to do with them neither financially nor emotionally , may be it is still early for my question , but at the time of the interview do I need a permission from my ex to take my kids with me bare in mind he is the one who issued their passports , as here in Egypt the authorities never allow a divorced wife to issue passports for her own children , but issuing passports by the father is a proof of his approval to travel anywhere, anybody has the same issue , please tell me what to do ?

Obtaining a passport is not the same as giving permission to travel and you cannot take the children out of the country without his permission.

You are going to want a document that clearly states he is aware of your intentions to take the children out of the country for immigration purposes, and that he agrees to it.

Then you're going to have to hope he doesn't get stupid - right up until the plane departs.

This is not something you want to do yourself. Get a lawyer.

[kareelina 42]

Obtaining a passport is not the same as giving permission to travel and you cannot take the children out of the country without his permission.

You are going to want a document that clearly states he is aware of your intentions to take the children out of the country for immigration purposes, and that he agrees to it.

Then you're going to have to hope he doesn't get stupid - right up until the plane departs.

This is not something you want to do yourself. Get a lawyer.

Thanks a lot for your reply , but even when we decided to get divorced , we did it peacefully , no lawyers no courts at all , he didn't even pay me anything after divorce and I asked for nothing because that's the reason for divorce, not shouldering any financial responsibility towards me or the kids. He doesn't even know how the kids look like . Now the question is , where to go to get that document and it should be notarized , Do we go to Ministry of Justice , or Family court , or get a lawyer . And if he did that and sign that documents , does the Egyptian law give me that right or not . I don't have a clue about the law related to family affairs, because as I said we divorced peacefully .

[Ning 619]

Thanks a lot for your reply , but even when we decided to get divorced , we did it peacefully , no lawyers no courts at all , he didn't even pay me anything after divorce and I asked for nothing because that's the reason for divorce, not shouldering any financial responsibility towards me or the kids. He doesn't even know how the kids look like . Now the question is , where to go to get that document and it should be notarized , Do we go to Ministry of Justice , or Family court , or get a lawyer . And if he did that and sign that documents , does the Egyptian law give me that right or not . I don't have a clue about the law related to family affairs, because as I said we divorced peacefully .

It doesn't seem that Egyptian law is going to be the problem because the father is willing to do what he needs to do.

Why not ask the embassy for a sample of what they require ?

[kareelina 42]

It doesn't seem that Egyptian law is going to be the problem because the father is willing to do what he needs to do.

Why not ask the embassy for a sample of what they require ?

NVC still processing our visa , but I need to get everything ready for not wasting more times, The embassy here never answer any inquiry via phone calls , I have to book an appointment but I don't have any documents with me now to prove that my husband applied for the visa, as they haven't got alerted yet , so they will tell me nothing.

[Ihavequestions 419]

Thanks a lot for your reply , but even when we decided to get divorced , we did it peacefully , no lawyers no courts at all , he didn't even pay me anything after divorce and I asked for nothing because that's the reason for divorce, not shouldering any financial responsibility towards me or the kids. He doesn't even know how the kids look like . Now the question is , where to go to get that document and it should be notarized , Do we go to Ministry of Justice , or Family court , or get a lawyer . And if he did that and sign that documents , does the Egyptian law give me that right or not . I don't have a clue about the law related to family affairs, because as I said we divorced peacefully .

None of that matters. Legally, he's the father and he has rights - and one of those rights is preventing the children from leaving the country if that's what he wants to do, for whatever reason. You aren't going to find a document like what you'll need already prepared. Instead, you will have to have one made. Again, this is not something for you to do yourself. Get a lawyer.