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Eli the Barrowboy

17 year old custody issues

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hi All,

So we are applying for my 17-year-old daughter to come live here in the US and we already got her NOA2 in a record quick 2.5 months.

Actually, as much as I want my daughter to be here, we do want things to go a bit slower ... and here's why!!!

My daughter is 17, 18 in late June. When her Mum and I broke up we never had a custody ruling as such ... the kids lived with their Mum by agreement with the judge and I had unlimited access, etc. That said, custody in the UK ends at 16 so would have been null and void by now anyway.

So, I know that if she goes for an interview as a 17-year old there will be the custody/permission from her Mum issue. We have nothing to say whether my ex or I had custody which my lawyer confirms. She also confirms we can't go to family court to get a judge to assign me custody as 17 is too old for a judge to pass down any ruling on.

We figure if we wait til she is 18 for her interview by delaying the return of the next round of papers, then custody won't be an issue.

Her Mum says if it happens before June that she will go with her and give whatever declarations she has to in the embassy.

Bit of a bind, eh?

Does anyone have any similar experiences and what was the outcome?

R.


i-710 Process

02/23/2011 - Mailed off i-751 to California

02/25/2011 - NOA1

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Other people (Saffyre comes to mind) took a permission type statement from the other parent stating that it was okay for the child to leave the UK. She had to go to a solicitor and get it somehow certified/notarized. I don't know the UK legal term equivalent to proving ones identity and signing a statement in front of a person authorized to verify that it was indeed signed by the parent.


England.gifENGLAND ---

K-1 Timeline 4 months, 19 days 03-10-08 VSC to 7-29-08 Interview London

10-05-08 Married

AOS Timeline 5 months, 14 days 10-9-08 to 3-23-09 No interview

Removing Conditions Timeline 5 months, 20 days12-27-10 to 06-10-11 No interview

Citizenship Timeline 3 months, 26 days 12-31-11 Dallas to 4-26-12 Interview Houston

05-16-12 Oath ceremony

The journey from Fiancé to US citizenship:

4 years, 2 months, 6 days

243 pages of forms/documents submitted

No RFEs

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If her mom isn't fighting you, then I don't see the problem in doing it now (or as soon as London can get it ready). If she were going to fight you, then I would just delay sending back the packet of forms to London until after her 18th birthday.


SA4userbar.jpg

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Thanks everyone,

I had no idea that a notarized letter would suffice ... and her mum is probably going to attend the interview anyway as my daughter has never been in London before.

R.


i-710 Process

02/23/2011 - Mailed off i-751 to California

02/25/2011 - NOA1

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Thanks everyone,

I had no idea that a notarized letter would suffice ... and her mum is probably going to attend the interview anyway as my daughter has never been in London before.

R.

Would her mum be eligible to attend the interview with her? Definitely worth checking.

Get the letter sorted before the interview, even if mum does/ can attend. There's no guarantee that they will accept verbal confirmation and notarization can only be done by a qualified notary public in the UK.


Timeline Summary:

K-1/K-2 NOA1 - POE: 9 February - 9 July 2010

Married: 17 July 2010

AOS mailed - Interview : 22 November 2010 - 10 March 2011

ROC mailed - approved: 14 February - 18 June 2013

Citizenship mailed - ceremony: 9 February - 7 June 2017

 

VJ K-2 AOS Guide

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