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Carol and Bruno

Proof of child support

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After reading through the list of documents to send with the application, the one thing that might be an issue for my husband is the proof of child support. His mother pays and has always paid it. She has every receipt, but will that be an issue that my husband isn't actually paying? The child still lives in Brazil.


Our K-1 Timeline

01/12/08: Attorney mailed petition to CSC

01/22/08: NOA1

05/27/08: NOA2

06/03/08: NVC received

06/04/08: NVC forwarded to Rio de Janeiro consulate

06/09/08: Consulate received

06/23/08: Packet 3 sent

08/19/08: Interview!! (Approved!!)

08/27/08: Visa in hand

09/12/08: POE (Washington DC)

09/25/08: Applied for Social Security card

10/06/08: Social Security card received

11/12/08: Marriage!!

AOS Timeline

03/21/09: Mailed AOS docs to Chicago

03/23/09: AOS packet received in Chicago

03/31/09: NOA1

04/03/09: NOA1 Received (His Birthday!!)

04/17/09: Received notice that our case was transferred to CSC on 4/13/09

04/17/09: My case has been entered into the USCIS system!!

04/23/09: Biometrics appointment

05/11/09: AP approved

05/12/09: Case arrived at CSC for further processing

05/13/09: EAD approved

05/13/09: AOS Touched

05/14/09: AP received

05/15/09: EAD card received

06/25/09: Card production ordered

07/06/09: Approval notice sent

07/06/09: Card Received!!!

Removal of Conditions

03/23/11: Will mail I-751

Citizenship

03/23/12: Will mail N-400

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After reading through the list of documents to send with the application, the one thing that might be an issue for my husband is the proof of child support. His mother pays and has always paid it. She has every receipt, but will that be an issue that my husband isn't actually paying? The child still lives in Brazil.

I bit surprised your husband takes this so lightly, but really don't know anything about Brazil, certainly there is a court order requiring him to make those payments. This is giving his ex the privilege of taking him to court for not making those payments. In my case in Wisconsin, they just set up a new government agency where I would send my checks to them and not to my ex. Before, if a spouse did not make those payments, the recipient spouse had to take that ex to court to demand those payments. Now the state would take that ex to court. It was that plus I knew however my ex received those monthly funds, my kids wouldn't see a dime of it. Used that as a strong argument in a court and received full physical custody of my kids. And won.

My wife in Venezuela was awarded child support payments, but her ex was refusing to give his permission for her daughter to leave the country. She countered by forgiving those payments in exchange for his permission to bring her daughter over here. He was already six years in arrears, so either had to come up with a small fortuned or go to jail. Just seems to me your husbands ex is in the same position, can claim donations from the grandmother, but your husband doesn't have any proof he is sending those payments. Would consider that more hazardous than dealing with the USCIS.

Really no qualified attorney on this matter, but seems like you need a letter of affidavit from the ex that those payments have been received on behalf of your husbands mother for child support payments. But suggest you see an attorney on this matter.

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I bit surprised your husband takes this so lightly, but really don't know anything about Brazil, certainly there is a court order requiring him to make those payments. This is giving his ex the privilege of taking him to court for not making those payments. In my case in Wisconsin, they just set up a new government agency where I would send my checks to them and not to my ex. Before, if a spouse did not make those payments, the recipient spouse had to take that ex to court to demand those payments. Now the state would take that ex to court. It was that plus I knew however my ex received those monthly funds, my kids wouldn't see a dime of it. Used that as a strong argument in a court and received full physical custody of my kids. And won.

My wife in Venezuela was awarded child support payments, but her ex was refusing to give his permission for her daughter to leave the country. She countered by forgiving those payments in exchange for his permission to bring her daughter over here. He was already six years in arrears, so either had to come up with a small fortuned or go to jail. Just seems to me your husbands ex is in the same position, can claim donations from the grandmother, but your husband doesn't have any proof he is sending those payments. Would consider that more hazardous than dealing with the USCIS.

Really no qualified attorney on this matter, but seems like you need a letter of affidavit from the ex that those payments have been received on behalf of your husbands mother for child support payments. But suggest you see an attorney on this matter.

Thanks for your response. I discovered that his mother has every receipt of every payment made and the receipts are in my husband's name so seems everything will be fine regarding documentation.


Our K-1 Timeline

01/12/08: Attorney mailed petition to CSC

01/22/08: NOA1

05/27/08: NOA2

06/03/08: NVC received

06/04/08: NVC forwarded to Rio de Janeiro consulate

06/09/08: Consulate received

06/23/08: Packet 3 sent

08/19/08: Interview!! (Approved!!)

08/27/08: Visa in hand

09/12/08: POE (Washington DC)

09/25/08: Applied for Social Security card

10/06/08: Social Security card received

11/12/08: Marriage!!

AOS Timeline

03/21/09: Mailed AOS docs to Chicago

03/23/09: AOS packet received in Chicago

03/31/09: NOA1

04/03/09: NOA1 Received (His Birthday!!)

04/17/09: Received notice that our case was transferred to CSC on 4/13/09

04/17/09: My case has been entered into the USCIS system!!

04/23/09: Biometrics appointment

05/11/09: AP approved

05/12/09: Case arrived at CSC for further processing

05/13/09: EAD approved

05/13/09: AOS Touched

05/14/09: AP received

05/15/09: EAD card received

06/25/09: Card production ordered

07/06/09: Approval notice sent

07/06/09: Card Received!!!

Removal of Conditions

03/23/11: Will mail I-751

Citizenship

03/23/12: Will mail N-400

.png

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I'm glad all your documentation is in order. I was going to say that even if you mother-in-law's name was still on the receipts, as long as they payments were current it wouldn't be an issue (I belive). I'm no expert on the brazilian system, but from my experience working in family law here in the us, if the child support payment is being made the courts won't press whether it's the noncustodial parent, their family member, their current spouse / girlfriend writing out the check. There are only problems when the payment goes into delinquency. If the payment is being made by someone close to the one owing child-support is making the payment faithfully, there is also no way to prove (unless that person steps forward and says differently) that the non-custodial parent isn't paying back whoever is making the payments. Good Luck on your application! - Rich

Edited by Breezy & Me

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