8 yr old step son - application to come to US

[JimVaPhuong 4,863]

Update - a new problem. Everything seemed hopeful. I did go to the USCIS interview in SF today and asked if I needed to withdraw the I-130. She said yes, and I presented the letter I had written withdrawing the petition.

My wife went to China 3 weeks ago, got all the documents prepared and went to her interview today. She just called me in tears - they say, she must have her ex husband's permission to bring the boy to America.

I had asked her if she had custody before, and she told me how she had had to go to the court to get it, but did have it. But I never saw a translation of the document, so I don't really know what it said. Whatever it said, it apparently isn't good enough, or isn't complete custody. This is a problem that I hadn't anticipated at all - if we can't get permission or custody, her son can't come, which means she must stay - which I don't even want to think about. Of course, if she can't get the birth father to agree, we can get a lawyer involved - but who knows how long that will take - certainly longer than the 14 days that we have left.

Do you know anything about Chinese custody law that might help?

I doubt this is a matter of Chinese custody law, but consular policy. We had to do the same in Vietnam, even though my wife had sole custody of her kids, and the only child at issue was a 17 year old girl who would be 18 three weeks after the interview. Your wife needs to contact her ex-husband. If he isn't willing to go along then she should offer him a bribe. She needs his signature on a letter giving permission for their son to immigrate permanently to the United States. He needs to sign it in front of a notary or legal witness, and provide a photocopy of his ID. She also needs to get the letter translated. Do whatever it takes. Use whatever leverage you have to persuade her ex-husband to sign the letter. In some countries I've seen people use "Sign it or I'll sue you for child support". Don't know if that would work in China.

[David and Ariana 2]

Thanks. Talked to my wife this morning and they have talked to the ex and he says "he needs time". I came to the same conclusion about bribes and have started liquidating some money. I like the idea of the child support approach - but if actually gets to the court I assume we are talking about years.

But I now understand that this was a "denial", so even if he approves tomorrow, it sounds like we are talking about several months more for an appeal. I still don't understand whether or not that "several months" for an appeal now extends the 1year deadline for the K-2, or whether the whole process ends in 2 weeks and we have to start over with a I-130.

Is there any value in trying to use outside influence to speed up the appeal? Call my senator? Get a Guangzhou lawyer with connections? Go to Guangzhou myself (would they meet with me?)

[Jojo92122 1,924]

Thanks. Talked to my wife this morning and they have talked to the ex and he says "he needs time". I came to the same conclusion about bribes and have started liquidating some money. I like the idea of the child support approach - but if actually gets to the court I assume we are talking about years.

But I now understand that this was a "denial", so even if he approves tomorrow, it sounds like we are talking about several months more for an appeal. I still don't understand whether or not that "several months" for an appeal now extends the 1year deadline for the K-2, or whether the whole process ends in 2 weeks and we have to start over with a I-130.

Is there any value in trying to use outside influence to speed up the appeal? Call my senator? Get a Guangzhou lawyer with connections? Go to Guangzhou myself (would they meet with me?)

There is nothing your Senator can do. You are essentially asking the father to give up his son. This is a family matter. You will need the father's consent or a court order allowing the child to immigrate.

The problem is international kidnapping by one parent. The US government requires the consent of both parents in order to issue an immigration visa to a minor as a precaution against international kidnapping by one parent. The US government will not assist a parent to move a child to the US permanently and deprive the other parent of his/her parental rights. The non-immigrating parent must consent to letting the child immigrate, or there has to be a court order allowing the child to immigrate without the other parent's consent.

[Darnell 8,478]

I'd focus solely on getting the permission letter signed from the ex-husband, for this week. Did they give her a call in letter, or a blue slip, or both ?

[David and Ariana 2]

I guess I didn't present my question right. I'm pretty sure we will get the birth father's consent, in the end. He has had nothing to do with the child for 6 years as well as being abusive in the marriage. My question about "getting help" was more about expediting the appeal of the denial. I'm told it will take "a few months" which I guess means 6 months or so.

David

[Darnell 8,478]

are you sure it was a denial, or a request for more information ?

ask her to scan the paper(s ) given to her, email them to you..

[David and Ariana 2]

She is going to scan and send me a number of docs later today - but she read me a portion and it used the word denial.

[Darnell 8,478]

I'm a betting they want more info, not real NOID/NOIR at all.

[JimVaPhuong 4,863]

Thanks. Talked to my wife this morning and they have talked to the ex and he says "he needs time". I came to the same conclusion about bribes and have started liquidating some money. I like the idea of the child support approach - but if actually gets to the court I assume we are talking about years.

But I now understand that this was a "denial", so even if he approves tomorrow, it sounds like we are talking about several months more for an appeal. I still don't understand whether or not that "several months" for an appeal now extends the 1year deadline for the K-2, or whether the whole process ends in 2 weeks and we have to start over with a I-130.

Is there any value in trying to use outside influence to speed up the appeal? Call my senator? Get a Guangzhou lawyer with connections? Go to Guangzhou myself (would they meet with me?)

This is a matter of policy rather than law. The Foreign Affairs Manual states that the K2 visa must be issued within one year of the issuance of the K1 visa. The FAM also states that after one year an immigrant visa petition must be filed for the child. There are no provisions in the Foreign Affairs Manual to extend that window of time.

I wish I could read the instructions from the consulate in Guangzhou. Was the requirement for the letter of approval from the non-immigrating parent not mentioned in the instructions? If it was then follow those instructions for the letter.

I think you need to find out precisely what the letter from the consulate said. Letters from the consulate in HCMC often read like a denial letter, and then go on to ask for specific documents from the beneficiary and/or the petitioner. They don't use the word "denied", though.

Whether the visa was denied or simply put on hold pending the letter from the boy's father, I think you need to contact the consulate immediately. You should explain the urgency of the timing here, and ask if another interview can be scheduled before the one year window has expired, either to continue the previous visa application or submit a new visa application. Even if the previous application was denied he should still be eligible to apply again. If you can't get a response from the consulate within a few days then contact Marc Ellis and see if he can get another appointment for you. Move quickly.

http://www.marcellislaw.com/contact.html

[David and Ariana 2]

This is a matter of policy rather than law. The Foreign Affairs Manual states that the K2 visa must be issued within one year of the issuance of the K1 visa. The FAM also states that after one year an immigrant visa petition must be filed for the child. There are no provisions in the Foreign Affairs Manual to extend that window of time.

I wish I could read the instructions from the consulate in Guangzhou. Was the requirement for the letter of approval from the non-immigrating parent not mentioned in the instructions? If it was then follow those instructions for the letter.

I think you need to find out precisely what the letter from the consulate said. Letters from the consulate in HCMC often read like a denial letter, and then go on to ask for specific documents from the beneficiary and/or the petitioner. They don't use the word "denied", though.

Whether the visa was denied or simply put on hold pending the letter from the boy's father, I think you need to contact the consulate immediately. You should explain the urgency of the timing here, and ask if another interview can be scheduled before the one year window has expired, either to continue the previous visa application or submit a new visa application. Even if the previous application was denied he should still be eligible to apply again. If you can't get a response from the consulate within a few days then contact Marc Ellis and see if he can get another appointment for you. Move quickly.

http://www.marcellislaw.com/contact.html

[David and Ariana 2]

I'll take your advice. I was going to wait until we had the document and then plead for immediate action, but your suggestion to ask now makes a lot of sense. It worked once before, after all.

She sent me the document. It was a blue form, with the first paragraph saying that "you have been found to be in-eligible for the following reasons". Nothing was checked after that but in the comments section at the bottom of the form there was the written notice that the notarized letter from the birthfather allowing travel to the USA was required. I've never seen the "blue slip" i hear mentioned in these forums, but I assume this is it. None of the check boxes on the back were checked either. My wife being so shocked by the result she didn't ask the critical question - how does this fit into the 1 year window. But your advice is good and I will contact them immediately. Meanwhile we should know tonight if the birth father is going to make it easy or difficult.

She sent me the court custody document as well. She sued for custody when he refused to care for the boy when he was supposed to, and he didn't even show up for the three court dates. She was given "full custody". But I understand their requirement. Just wish it had been detailed in the K-1 packet.

[Darnell 8,478]

That's a blue slip, in GUZ IV terminology - think of it as an RFE. Somewhere there - it asked for something, and gave instructions on how to submit it.

Usually, a denial is white.

A call in letter is also white.

Sometimes, a call in letter is issued with a blue slip.

If you'd like an eyeball review this evening, load up the page in some graphic editor, redact / blur the personal info, flip it all to low res, and post it here (or a link to some image website).

[JimVaPhuong 4,863]

I'll take your advice. I was going to wait until we had the document and then plead for immediate action, but your suggestion to ask now makes a lot of sense. It worked once before, after all.

She sent me the document. It was a blue form, with the first paragraph saying that "you have been found to be in-eligible for the following reasons". Nothing was checked after that but in the comments section at the bottom of the form there was the written notice that the notarized letter from the birthfather allowing travel to the USA was required. I've never seen the "blue slip" i hear mentioned in these forums, but I assume this is it. None of the check boxes on the back were checked either. My wife being so shocked by the result she didn't ask the critical question - how does this fit into the 1 year window. But your advice is good and I will contact them immediately. Meanwhile we should know tonight if the birth father is going to make it easy or difficult.

She sent me the court custody document as well. She sued for custody when he refused to care for the boy when he was supposed to, and he didn't even show up for the three court dates. She was given "full custody". But I understand their requirement. Just wish it had been detailed in the K-1 packet.

The blue slip usually isn't a denial. As Darnell said, it's the consular equivalent of an RFE. Hopefully, it says she can walk in anytime and submit the letter. If so, get it submitted as soon as possible. You don't have much time if there ends up being another delay.

The consulates usually have some knowledge of local child custody laws. In some countries they will issue a visa if the immigrating parent has sole custody. In many other countries (including the US) sole custody does not usually terminate the non-custodial parent's rights. The consulate is just covering their backsides here. They don't want the biological father raising a stink about his son permanently leaving China, and they don't want the consulate accused of being complicit in an international child abduction.

[Harsh_77 716]

I'll take your advice. I was going to wait until we had the document and then plead for immediate action, but your suggestion to ask now makes a lot of sense. It worked once before, after all.

She sent me the document. It was a blue form, with the first paragraph saying that "you have been found to be in-eligible for the following reasons". Nothing was checked after that but in the comments section at the bottom of the form there was the written notice that the notarized letter from the birthfather allowing travel to the USA was required. I've never seen the "blue slip" i hear mentioned in these forums, but I assume this is it. None of the check boxes on the back were checked either. My wife being so shocked by the result she didn't ask the critical question - how does this fit into the 1 year window. But your advice is good and I will contact them immediately. Meanwhile we should know tonight if the birth father is going to make it easy or difficult.

She sent me the court custody document as well. She sued for custody when he refused to care for the boy when he was supposed to, and he didn't even show up for the three court dates. She was given "full custody". But I understand their requirement. Just wish it had been detailed in the K-1 packet.

The blue slip is not a denial, it just states at this time person applied for visa is not eligible for the visa for the whtever reason it says – in your case it is the letter from father giving release.

As it has been mentioned in earlier post, you should focus on getting the letter from father for the approval.

[David and Ariana 2]

I've attached them, but I don't know if they will be readable in this format.

The front has handwriting that specifies the notorized permission document that they need.

The back has a star next to the paragraph that says to mail it in - that they do not accept faxes or emails. Later it says check with the office every few months to check on status. But this is all boilerplate of course.