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Jim & Erika

Will I Have Problems Sponsoring My Wife's Daughters?

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Filed: IR-1/CR-1 Visa Country: Mexico
Timeline

I'm a US citizen and this week I'm planning to file I-130's for my Mexican wife and her two daughters, ages 10 & 11. My wife was not previously married, but the father of course is shown on both girls' birth certificates. He has indicated that he will cooperate and sign permissions for the girls to emmigrate from Mexico. Obtaining full custody is very difficult in Mexico -- the legal father cannot simply give up his paternal rights and responsibilities, even if both parents want to. As I understand, it requires a lawsuit and judgement.

I'm concerned about getting a visa for the girls. I have two questions. (1): The I-130 instructions for sponsoring a stepchild say that "Fathers petitioning for a child born out of wedlock must provide evidenct that a parent/child relationship exists." Does this apply in my case where the girls will accompany their mother? (2): Is notarized permission from the legal father to leave the country and emmigrate sufficient, or does my wife need to obtain full legal custody of the girls before I file the petition?

Thanks in advance for anyone's knowledge on this topic.

Jim

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Filed: AOS (apr) Country: Philippines
Timeline

depends on the country but typically a notarized permission statement from the non custodial parent granting permission to emigrate is sufficient


YMMV

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I am unsure of Mexican laws. However I had a notarized letter from my kids fathering giving permission for them to immigrate with me. My custody order states joint custody and I didn't have a problem.

My kids were 12 and 9 at the time.

Edited by sdw

Removal of Conditions: 12/09/2011

ROC check cashed 12/15/11

NOA1 12/13/11

Biometrics 1/6/12 Complete

RFE 9/13/12

RFE package sent back 10/17/12

Card Production Ordered 12/04/12

10 year card arrived in mail 12/10/12

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Filed: IR-1/CR-1 Visa Country: Mexico
Timeline

depends on the country but typically a notarized permission statement from the non custodial parent granting permission to emigrate is sufficient

Spacibo. What about the instructions that the sponsoring step father provide convincing evidence of a parental relationship? Is that not necessary to include with the girls' I-130's?

I am unsure of Mexican laws. However I had a notarized letter from my kids fathering giving permission for them to immigrate with me. My custody order states joint custody and I didn't have a problem.

My kids were 12 and 9 at the time.

Great to hear. Thank you.

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Form I-130, Petition for Alien Relative

A copy of your birth certificate or U.S. passport

If you were not born in the U.S., a copy of either:

your Certificate of Naturalization or Citizenship or

your U.S. passport

A copy of the child's birth certificate showing the child's name and the names of both parents

A copy of civil marriage certificate showing the names of both parents, or proof that a parent/child relationship exists or existed (if you are petitioning for a stepchild, your marriage to the child's parent must take place before the stepchild's 18th birthday)

A copy of any divorce decrees, death certificates, or annulment decrees that establish the termination of any previous marriages entered into by you or your spouse


Removal of Conditions: 12/09/2011

ROC check cashed 12/15/11

NOA1 12/13/11

Biometrics 1/6/12 Complete

RFE 9/13/12

RFE package sent back 10/17/12

Card Production Ordered 12/04/12

10 year card arrived in mail 12/10/12

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Filed: AOS (apr) Country: Philippines
Timeline

Spacibo. What about the instructions that the sponsoring step father provide convincing evidence of a parental relationship? Is that not necessary to include with the girls' I-130's?

Great to hear. Thank you.

Convincing evidence or a parental relationship would be your marriage certificate to your wife and then the birth certificates showing your wife as the mother...


YMMV

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Filed: IR-1/CR-1 Visa Country: Mexico
Timeline

Convincing evidence or a parental relationship would be your marriage certificate to your wife and then the birth certificates showing your wife as the mother...

OK, that's the info I needed -- thanks.

Form I-130, Petition for Alien Relative

A copy of your birth certificate or U.S. passport

If you were not born in the U.S., a copy of either:

your Certificate of Naturalization or Citizenship or

your U.S. passport

A copy of the child's birth certificate showing the child's name and the names of both parents

A copy of civil marriage certificate showing the names of both parents, or proof that a parent/child relationship exists or existed (if you are petitioning for a stepchild, your marriage to the child's parent must take place before the stepchild's 18th birthday)

A copy of any divorce decrees, death certificates, or annulment decrees that establish the termination of any previous marriages entered into by you or your spouse

Except for the girls' birth certificates, all this documentation is already included in my wife's I-130. But I should attach an additional copy of each anyway?

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