Joint Custody and avoiding Baby Mama Drama

[KayaEel 5]

In December 2009, I filed I-130 petitions for both my husband and step-son. I love them very much, and ache to be with them. My husband shares joint custody of his son, and the divorce decree says so. It seems that my step-son’s natural mother is agreeable to allowing him to come to the U.S. to live with us, as long as we continue to pay child support (which is not included in the divorce decree). I am fine with doing this, as I just want my step-son to live with us in the States, and he wants to be with us. By the way, children are not considered adults in Honduras until they become 21 years old. Until then, their wishes of which parent to live with are not considered by the Honduran courts.

At this point, I am wondering if we need an official note and/or affidavit from my step-son’s natural mother stating that my husband is allowed to take his son out of the country. If so, when is the best time to get a signed statement like this, and who needs to see it? I want the note to be current when it is needed, but we are trying to avoid any Baby Mama drama as long as possible. Will we need it as part of NVC’s review, the interview at the Consulate, the Port of Entry, all of these, or not at all? Based on current processing times, we are expecting our I-130 Petitions to be forwarded to NVC in April 2010, with a Consulate interview in June or July 2010 (one whole year since our wedding), and arrival in the U.S. shortly after VISA’s are issued.

Also, we intend to visit family in Honduras every six months or so, after they arrive in the U.S. Will we need an updated note and/or affidavit from the Baby Mama every time we return and leave again?

Thoughts? Ideas?

[KayaEel 5]

After much research, and getting further along in the process, I think that I have answered my own question. I will need a certified note from my step-son's Mom (the Baby Mama), stating that my step-son is allowed to leave his home country (Honduras) with us. Then, I will send this note to the NVC with the DS230 package (parts I and II). So, my husband and our attorney in Honduras are working to get her approval and signature now. We will likely get more than one original signed, so that we can ensure that we have this with us during our upcoming travel to the U.S. If anyone else has thoughts or experiences to share, please let me know.

[KayaEel 5]

We've got the parental consent statement signed and notarized. (Yeh!) fyi for others....It is like a spousal affidavit, including personally identifiable information about the person making the statement, as well as, the beneficiaries and petitioner. It should also be notarized/authenticated, i.e. signed in the presence of a notary or other authorized official. One statement can cover multiple children, and it should include an affirmation authorizing the children to travel outside of their home country, immigrate to the U.S., and that the contents included are true. It should also be broad in scope and long-term for multiple entries and exits. Please refer to the laws of the applicable country to determine other items that may be needed upon departure from the home country, i.e. documentation at the airport. One last suggestion is to get multiple originals signed and notarized. Please see attached for a sample affidavit from the non-immigrating biological parent (input your own information where the font is blue in color).

Sample Affidavit from Biological Parent.doc

[NArocks 13]

Just FYI this does not work in Colombia as a new letter to be done at a notary in colombia or the colombian emabassy in the us each and every time the child goes to leave with either one parent or neither parent.

[ezzie 7]

We've got the parental consent statement signed and notarized. (Yeh!) fyi for others....It is like a spousal affidavit, including personally identifiable information about the person making the statement, as well as, the beneficiaries and petitioner. It should also be notarized/authenticated, i.e. signed in the presence of a notary or other authorized official. One statement can cover multiple children, and it should include an affirmation authorizing the children to travel outside of their home country, immigrate to the U.S., and that the contents included are true. It should also be broad in scope and long-term for multiple entries and exits. Please refer to the laws of the applicable country to determine other items that may be needed upon departure from the home country, i.e. documentation at the airport. One last suggestion is to get multiple originals signed and notarized. Please see attached for a sample affidavit from the non-immigrating biological parent (input your own information where the font is blue in color).

Unable to download the attached file..Help please!!!