APPLICATIONS FOR MY KIDS

[Ms Hogan 295]

I have 2 children. I have sole custody. I have an ex-husband who sees them BUT knows we are moving and is not going to fight it in any way.

Here are my questions:

1. When putting the package together, do I have to attach a copy of every document to 3 different packages?

2. Under the instructions for the I-130 it says under the "What Documents Do You Need to Prove Family Relationship" - that for the husband or wife section there needs to be a passport-style picture. BUT under the "Stepparent/Stepchild section it ONLY says that we need a copy of the marriage certificate and docs showing that previous marriages were legally terminated. Are there no requirements for pictures?

3. Do I have to submit my entire divorce package including custody papers and separation agreement or just the divorce certificate which in itself is the document necessary to show that the previous marriage was legally terminated.

4. What kind of attention to they pay to visitation arrangements and things like that? Any at all?

I'm really just not clear on the process for the kids. I know there has to be a separate I-130 filed but what about all the other details that go with it? Do I include all the pictures and such? Or is that just for the bonafide marriage part?

Feeling pretty anxious and worried here so any thoughts are appreciated.

[Ms Hogan 295]

Section C of the I-130 application asks for the Information about your alien relative - LIST HUSBAND/WIFE AND ALL CHILDREN OF YOUR RELATIVE - so... do we leave that BLANK on theirs? On mine, I of course filled in my children's names but on theirs, do I list myself and each child's brother since we're relatives or is that ONLY for spouse/children? I hope I'm making sense. This one is troubling me even though it seems straight forward.

[Kathryn41 3,205]

Topic has been moved from the Canada Regional forum to the CR-1/IR-1 visa forum instead as the questions relate specifically to the visa process and is more likely to find the neccessary answers in this forum

[Ms Hogan 295]

Thank you for moving it. Every other time I've posted elsewhere I got moved to Canada so I wasn't sure where to start.

I have figured out some points but am hoping for some insight and guidance from those with children who've done this.

Also wondering if the kids need G-325A or not. It isn't listed in the docs but I'm just plain confused.

Edited October 7, 2012 by MsHogan

[pushbrk 12,102]

Section C of the I-130 application asks for the Information about your alien relative - LIST HUSBAND/WIFE AND ALL CHILDREN OF YOUR RELATIVE - so... do we leave that BLANK on theirs? On mine, I of course filled in my children's names but on theirs, do I list myself and each child's brother since we're relatives or is that ONLY for spouse/children? I hope I'm making sense. This one is troubling me even though it seems straight forward.

Each petition must stand on its own. No passport photos are submitted with children's petitions.

Remember these are the US Citizen's petitions in behalf of their relatives, so when listing children's names on the petition for spouse, the USC petitioner must remember to list themselves as their alien relative's spouse. The petitioner's step children do not have a spouse or children, so indicate "NONE".

A photocopy of a certified copy of a divorce decree is what is needed. Whatever that means for your local jurisdiction, get one and submit a photocopy of it with each petition.

[Ms Hogan 295]

REALY? my husband is the one completing the petition... he is on the first page as the petitioning spouse AND he has to be listed on page 2 as one of my relatives?

[pushbrk 12,102]

REALY? my husband is the one completing the petition... he is on the first page as the petitioning spouse AND he has to be listed on page 2 as one of my relatives?

Yes. Your husband is the petitioner and you are his alien relative. His alien relative, you, has a spouse. Your spouse's name is the same as the petitioner's name. If he were petitioning his mother, perhaps his father's name would appear as his relative's spouse and his own as his relative's child. In general, actual "children" have neither a spouse or children of their own.

Sometimes the answer to more than one question is the same. Notice, your address and probably your husband's address are both the answer at least two separate questions. If you were Chinese or Russian, for example, your address would appear twice in the Roman alphabet and once more in Chinese or Cyrillic. So, first understand the question and then just answer it, without regard for anything but literal interpretation and accuracy.

[Sweetcheeksss 91]

I have 2 children. I have sole custody. I have an ex-husband who sees them BUT knows we are moving and is not going to fight it in any way.

Here are my questions:

1. When putting the package together, do I have to attach a copy of every document to 3 different packages?

2. Under the instructions for the I-130 it says under the "What Documents Do You Need to Prove Family Relationship" - that for the husband or wife section there needs to be a passport-style picture. BUT under the "Stepparent/Stepchild section it ONLY says that we need a copy of the marriage certificate and docs showing that previous marriages were legally terminated. Are there no requirements for pictures?

3. Do I have to submit my entire divorce package including custody papers and separation agreement or just the divorce certificate which in itself is the document necessary to show that the previous marriage was legally terminated.

4. What kind of attention to they pay to visitation arrangements and things like that? Any at all?

I'm really just not clear on the process for the kids. I know there has to be a separate I-130 filed but what about all the other details that go with it? Do I include all the pictures and such? Or is that just for the bonafide marriage part?

Feeling pretty anxious and worried here so any thoughts are appreciated.

In my experience, the officer interviewing me paid very close attention to my custody documents. My son is almost 18 years old, our visa interview was when he was 16. I have had custody of him since he was born, but my custody documents did NOT indicate the word SOLE. In fact, I had to go back to family court and get my documents reworded so they specifically indicated that: 1) My ex had no parental rights & that I had sole physical custody 2) That my son was allowed to live outside Canada.

Good luck!

[Canadiandggal 49]

In my experience, the officer interviewing me paid very close attention to my custody documents. My son is almost 18 years old, our visa interview was when he was 16. I have had custody of him since he was born, but my custody documents did NOT indicate the word SOLE. In fact, I had to go back to family court and get my documents reworded so they specifically indicated that: 1) My ex had no parental rights & that I had sole physical custody 2) That my son was allowed to live outside Canada.

Good luck!

To be honest, They didnt give me much of a hassle at all and didnt pay much attention to any of my court documents. However I do have sole custody with visitation to be agreed upon (Never) and I went back to court during NVC stage to get a second court order giving me the right to move him to the states without his sperm donors permission.

Maybe it was because I covered all my bases.

[Ms Hogan 295]

My paperwork says sole custody with visitations but my ex knows we are moving and we will be changing our visitation schedule as needed. If I have a letter from him does it need to be notarized? Do I have to send this paperwork with the initial petition or during the process or just have it when I get to the interview stage? I don't want to hold up the start of this in order to try to get new paperwork.

[Sweetcheeksss 91]

I'd say that letter from your ex needs to be notarized ( otherwise the interviewer could say it wasn't written by him). And (in my opinion) the fact that your custody agreement states he has visitation, could possibly be an issue for you at your interview. I could be wrong ( and I hope i am ) but different officers can interpret the custody papers very differently.

[pushbrk 12,102]

My paperwork says sole custody with visitations but my ex knows we are moving and we will be changing our visitation schedule as needed. If I have a letter from him does it need to be notarized? Do I have to send this paperwork with the initial petition or during the process or just have it when I get to the interview stage? I don't want to hold up the start of this in order to try to get new paperwork.

The letter should be notarized and mention nothing about visitation. Take it to the interview.

[Ms Hogan 295]

Well I'm only moving 4.5 hours away. I already have over an hour to meet up with him every time he takes the kids so technically, the visitation doesn't have to change. We just know that it will and have already discussed it. I'm not going to hire a lawyer to go through changing the visitation paperwork. I will see if I can get him to sign a letter. I don't know what the wording would be though. Can anyone help with that?