Custody Documents are needed for step son?

[harry1 0]

From NVC web site, following documents are needed for DS-230:

Birth Certificates

Court and Prison Records

Deportation Documentation

Marriage Certificates

Marriage Termination Documentation

Military Records

Petitioner Documents

Photocopy of Valid Passport Biographic Data Page

Photographs

Police Certificates

Adoption Documentation

It does not mention custody documents (except for adoption)

But from this Guangzhou Consulate link:

http://photos.state.gov/libraries/guangzhou/47024/K%20p3/K%20Instruction%20-Aug_%2010.pdf

CUSTODY DOCUMENTS

If the petitioner is not the birth parent of a child（under 18) on a petition, you must bring evidences that either (1) the petitioner’s spouse has legal custody of the child , or (2) a notarized statement from the birth parent who has legal custody of the child, giving permission for the child to immigrate.

SO my question is: do we really need custody documents for my step son?

Thanks!

[xiaozhu 4]

You need a letter from your step-son's birth father saying he allows his son come to US with his mother (your wife). Get the letter notarized at a notary office in China. Otherwise, your step-son can not go with his mother to US.

[harry1 0]

Thanks

You need a letter from your step-son's birth father saying he allows his son come to US with his mother (your wife). Get the letter notarized at a notary office in China. Otherwise, your step-son can not go with his mother to US.

[Darnell 8,478]

Many times, the divorce document will contain a fostering statement.

If the spouse is at 100 percent foster, the father has given up all rights and responsibilities, but is not analogous to 'sole custody' definition in USA.

Please review the divorce decree, what's there?

[pushbrk 12,969]

You need a letter from your step-son's birth father saying he allows his son come to US with his mother (your wife). Get the letter notarized at a notary office in China. Otherwise, your step-son can not go with his mother to US.

Either a letter or a full custody/sole fostering statement in the divorce decree. If a separate letter, just take the original to the interview instead of sending it to NVC. If it's in the divorce decree, take a copy to the interview prepared to refer to it, it asked.

This may vary by province but one of my wife's friends from Guangxi was informed last week that the Notarial office will not just translate a letter from the parent. They will need a document from a judge instead. This is a very recent development, to my knowledge.

Edited June 6, 2011 by pushbrk

[harry1 0]

The problem is, not like in US, the divorce certificate in China does not state clearly about custody issue.

Either a letter or a full custody/sole fostering statement in the divorce decree. If a separate letter, just take the original to the interview instead of sending it to NVC. If it's in the divorce decree, take a copy to the interview prepared to refer to it, it asked.

This may vary by province but one of my wife's friends from Guangxi was informed last week that the Notarial office will not just translate a letter from the parent. They will need a document from a judge instead. This is a very recent development, to my knowledge.

[Darnell 8,478]

any fostering statement in the divorce decree ?

[pushbrk 12,969]

The problem is, not like in US, the divorce certificate in China does not state clearly about custody issue.

Sometimes they do and sometimes they don't. If the document in question doesn't, then you need a Notarial Document that does.

[harry1 0]

I will have to check with her. My impression is no clear statement. She is trying to get her ex-husband sign an agreement to permit his son leaving the country.

any fostering statement in the divorce decree ?

Exactly, those old Chinese legal documents are very vague...

Sometimes they do and sometimes they don't. If the document in question doesn't, then you need a Notarial Document that does.