Filing AOS

[justmee 0]

Hi

I was deserted by my partner (i.e. he disappeared) many years ago. I have in my pocession documents referencing how the custody works in my country in case of desertion by one of the partners. These documents say the remaining partner get's the custody. I do not have a court issued document granting me my child's custody. There is a possibility of getting this court order but it takes many months before it is issued.

Based on the above I and my child have been approved K1 and K2 visa's at our country.

Would i have trouble on the issue of custody when i file for AOS (green card) ?? Does the other department honour the decision made by NVC/Consulate or does things as they find correct?

May i please have your inputs and experiences?

Thank you.

Edited November 12, 2009 by justmee

[baron555 934]

Hi

I was deserted by my partner (i.e. he disappeared) many years ago. I have in my pocession documents referencing how the custody works in my country in case of desertion by one of the partners. These documents say the remaining partner get's the custody. I do not have a court issued document granting me my child's custody. There is a possibility of getting this court order but it takes many months before it is issued.

Based on the above I and my child have been approved K1 and K2 visa's at our country.

Would i have trouble on the issue of custody when i file for AOS (green card) ?? Does the other department honour the decision made by NVC/Consulate or does things as they find correct?

May i please have your inputs and experiences?

Thank you.

Can only give you our experience with the Embassy in Moscow. My SO was formally adopting the foster child she was caring for. They told us that they really did not need to see the Adoption paperwork, just that his new birth certificate listing her as the mother (and there was no father since he formally signed away his rights before the child was born) and the child's Russian passport.

If you still have your child's birth certificate listed you as the mother and the deserter as the father, from what I have read, most consulates will want to see a formal document where the father as formally signed permission for the child to move to the US.

I don't see this as much as a problem once you enter and try to AOS but more of an earlier problem at your K-1 interview.

Being approved by USCIS with the NOA2 and thru NVC means nothing; those entities are not going to review this information. That review and requirements of add'l documents comes at the Embassy/interview level.

I'd contact your Embassy and inquire what you will need. I would bet they will need the formal document listing you as the sole parent, and possibly a revised birth certifcate.

[justmee 0]

Can only give you our experience with the Embassy in Moscow. My SO was formally adopting the foster child she was caring for. They told us that they really did not need to see the Adoption paperwork, just that his new birth certificate listing her as the mother (and there was no father since he formally signed away his rights before the child was born) and the child's Russian passport.

If you still have your child's birth certificate listed you as the mother and the deserter as the father, from what I have read, most consulates will want to see a formal document where the father as formally signed permission for the child to move to the US.

I don't see this as much as a problem once you enter and try to AOS but more of an earlier problem at your K-1 interview.

Being approved by USCIS with the NOA2 and thru NVC means nothing; those entities are not going to review this information. That review and requirements of add'l documents comes at the Embassy/interview level.

I'd contact your Embassy and inquire what you will need. I would bet they will need the formal document listing you as the sole parent, and possibly a revised birth certifcate.

Well, my ex is a deserter whose whereabouts are not known!

We have already been issued K1 and K2, also stamped in our passports

I am worried if they will ask in the AOS procedure

[baron555 934]

Well, my ex is a deserter whose whereabouts are not known!

We have already been issued K1 and K2, also stamped in our passports

I am worried if they will ask in the AOS procedure

I have in my pocession documents referencing how the custody works in my country in case of desertion by one of the partners. These documents say the remaining partner get's the custody. I do not have a court issued document granting me my child's custody.

To me it doesn't make sense that you have not presented proof that you have legal and sole custody of the child. To me, only my opinion which is worth nothing, one would think they would want to see this. I assume you presented the child's birth certificate at the interview?

I CAN see how this same issue can be raised again at AOS; how do you prove that you have SOLE custody of the child?

I hope others will chime in. Good luck.

[Gary and Alla 3,696]

Can only give you our experience with the Embassy in Moscow. My SO was formally adopting the foster child she was caring for. They told us that they really did not need to see the Adoption paperwork, just that his new birth certificate listing her as the mother (and there was no father since he formally signed away his rights before the child was born) and the child's Russian passport.

If you still have your child's birth certificate listed you as the mother and the deserter as the father, from what I have read, most consulates will want to see a formal document where the father as formally signed permission for the child to move to the US.

I don't see this as much as a problem once you enter and try to AOS but more of an earlier problem at your K-1 interview.

Being approved by USCIS with the NOA2 and thru NVC means nothing; those entities are not going to review this information. That review and requirements of add'l documents comes at the Embassy/interview level.

I'd contact your Embassy and inquire what you will need. I would bet they will need the formal document listing you as the sole parent, and possibly a revised birth certifcate.

Well, my ex is a deserter whose whereabouts are not known!

We have already been issued K1 and K2, also stamped in our passports

I am worried if they will ask in the AOS procedure

I answered your PM but will also answer here. Child custody is not an issue for the AOS. That is taken care fo at the visa application and your interview. You have the K2, you are good to go for the AOS.

[Gary and Alla 3,696]

Well, my ex is a deserter whose whereabouts are not known!

We have already been issued K1 and K2, also stamped in our passports

I am worried if they will ask in the AOS procedure

I have in my pocession documents referencing how the custody works in my country in case of desertion by one of the partners. These documents say the remaining partner get's the custody. I do not have a court issued document granting me my child's custody.

To me it doesn't make sense that you have not presented proof that you have legal and sole custody of the child. To me, only my opinion which is worth nothing, one would think they would want to see this. I assume you presented the child's birth certificate at the interview?

I CAN see how this same issue can be raised again at AOS; how do you prove that you have SOLE custody of the child?

I hope others will chime in. Good luck.

It will not be, Phil. Shehad to prove she ahd the authority to ,ove the child here permanently in order to get the K2 cisa. The only thing she has to show at the AOS is the child's birth certiticate to prove she is the mother. There is generally not even a question asked about this matter