Interview scheduled: Question on USC/sponsor child custody papers

[pattyboy 1]

I'm thrilled my wife just received date for interview (scheduled August 29, 2012) of AOS from F-1 student visa to Conditional Residency however, one of the documentation requests on the NOA reads as follows:

Birth Certificates for all children of this marriage, and custody papers for your children and for your spouse's children not living with you...

My current wife (non-USC)and I have no children.

My oldest two children from previous relationships are already gone (26 and 23 years old) and I also have a 13 year old who lives with his mother. The 13 year old's mother and I only dated and the relationship was and still is amicable, but we never went though a court to file the administrative paperwork with the state of Washington. All support is paid through the state DHS so there is a clear paper trail on support, however the DHS does not keep copies of the original administrative agreement (i.e. custody papers, I think, per USCIS?).

So now the crazy part: I never kept a copy of the papers and my son's mother also did not keep a copy. And the attorney we had 13 years ago draw up the paperwork (administrative agreement required by the Wash state DHS) is probably dead (he was about 80 years old and I do not even remember his name). I was active army for about 24 years and honestly, the only thing I cared about at the time was making sure the boy was well taken care of, which he was.

Now with USCIS possibly asking for custody papers (has anyone with non-custodial kids ever been through the process of sponsoring an I-485 candidate?), I'm wondering what my next course of action should be.

Any suggestions?

Edited August 1, 2012 by pattyboy

[DandT14 272]

I was just asking this question yesterday. I was told that they are interested in children of the beneficiary, not the US citizen.

My situation is slightly different in that I share custody of my kids with their father, whom I'm divorced from. The custody arrangement was dealt with in the divorce agreement - there's no "custody papers".

Our interview is Thursday. I will definitely let you know if anything comes up.

[pattyboy 1]

Wow, Dandt, I would really very much appreciate any clarification you get later this week and I hope it all goes VERY well for you!!!

Best Wishes,

Patrick

[DandT14 272]

Thank you.

My thought was also that they were interested in possible child support arrangements. I counted both my children as dependents on the I-864, even though I don't pay child support. I can't think of any other reason they would care about the custody of the US citizen's children. But like I said, the people here (who are right more often than they are wrong ) told me that they aren't asking about my kids, only the beneficiary's. We'll see...

[Dave&Judy 3]

Thank you.

My thought was also that they were interested in possible child support arrangements. I counted both my children as dependents on the I-864, even though I don't pay child support. I can't think of any other reason they would care about the custody of the US citizen's children. But like I said, the people here (who are right more often than they are wrong ) told me that they aren't asking about my kids, only the beneficiary's. We'll see...

All the best DandT14 !

Your current husband(beneficiary i guess) has any kids from current marriage or from previous marriage?

[DandT14 272]

All the best DandT14 !

Your current husband(beneficiary i guess) has any kids from current marriage or from previous marriage?

No, he has no kids of his own.

And, Thanks!

[SOflaherty 40]

I didn't submit or bring any custody papers(I have three kids with my ex husband) and was never asked for them.

[pattyboy 1]

No, he has no kids of his own.

And, Thanks!

How did the interview go Dandt??? Hope it all went very well.

Best Regards,

patrick

I didn't submit or bring any custody papers(I have three kids with my ex husband) and was never asked for them.

Thanks Flaherty!

[DandT14 272]

He didn't approve us on the spot, but we got the approval notification a few hours later!

As for the custody of the children, he asked to see my divorce agreement and commented that I had two kids. He asked what the custody arrangement was, and I told him. He didn't seem interested in much more than that, other than to ask my husband how he got along with the kids. It really was nothing to worry about, more of a casual conversation than an "interview".

[Dave&Judy 3]

He didn't approve us on the spot, but we got the approval notification a few hours later!

As for the custody of the children, he asked to see my divorce agreement and commented that I had two kids. He asked what the custody arrangement was, and I told him. He didn't seem interested in much more than that, other than to ask my husband how he got along with the kids. It really was nothing to worry about, more of a casual conversation than an "interview".

Congratulations DandT14 !!!

Did you post your interview experience especially related to divorce/kids? How you explained about the custody thing?

Enjoy !

[DandT14 272]

Congratulations DandT14 !!!

Did you post your interview experience especially related to divorce/kids? How you explained about the custody thing?

Enjoy !

Not yet, it was a long day. I will though.

All he asked was how much the kids were with me, and I told him. Then he asked my husband how he got along with them. That was pretty much it.

And Thanks!

[pattyboy 1]

Thank you Dandt and CONGRATULATIONS!!!

[DandT14 272]

Thank you!

My thoughts for you would be to bring something that shows you paid (or still pay) child support. I think it's extremely unlikely that it would be an issue, but people get squeamish if they think you might owe back support. I just don't think you'd want the interviewer thinking you're a deadbeat dad - might get the interview going in a negative direction. Of course, that's just my opinion and it might not matter at all.

Edited August 3, 2012 by DandT14

[pattyboy 1]

Thank you!

My thoughts for you would be to bring something that shows you paid (or still pay) child support.

Very Sage advice, I think and I have plenty of time to produce the documents. I look forward to the interview and thank you again for your comments as they put my mind more at ease and for heaven's sage congratulations again!!!