Non custodial parent who wants to immigrate with her daughter to us with the custodial fathers consent

[Maymay99 0]

I would very much appreciate all your help

I am married to a USC and we have applied for an 1-130 spouse or orphan visa. Last Dec. 6, 2012 our application with the uscis was approved and is now being sent to NVC. During my husband's interview with the uscis, the CO told him that we may have to deal with my daughter's custody since I don't have full custody of my child.

I am currently in Canada on a work visa with my daughter and the divorce with my first husband took place when we were already settled here.

My daughter's father and I have arranged consent letters stating that my daughter is to live and travel with me. My ex husband is a japanese and since my daughter is Japanese too her name is registered under my ex husband's family registry. So after the divorce my exhusband has decided to let my daughter continue to live with me here in canada even if the divorce paper states that he has parental custody. He has provided letters of consent for our daughter to travel and live with me.

I am worried that the CO might deny the visa to my daughter since I don't have legal custody over my child. The only documents that I have are travel documents and a letter of consent from her father.

My husband and I have worked so much to be able to bring me and my daughter to the states. I'm worried about my case right now. Do I have to provide other documents to prove that my ex husband is allowing our daughter to live with me in the states???

Please help!!!

thank you

[aaron2020 11,652]

I would very much appreciate all your help

I am married to a USC and we have applied for an 1-130 spouse or orphan visa. Last Dec. 6, 2012 our application with the uscis was approved and is now being sent to NVC. During my husband's interview with the uscis, the CO told him that we may have to deal with my daughter's custody since I don't have full custody of my child.

I am currently in Canada on a work visa with my daughter and the divorce with my first husband took place when we were already settled here.

My daughter's father and I have arranged consent letters stating that my daughter is to live and travel with me. My ex husband is a japanese and since my daughter is Japanese too her name is registered under my ex husband's family registry. So after the divorce my exhusband has decided to let my daughter continue to live with me here in canada even if the divorce paper states that he has parental custody. He has provided letters of consent for our daughter to travel and live with me.

I am worried that the CO might deny the visa to my daughter since I don't have legal custody over my child. The only documents that I have are travel documents and a letter of consent from her father. Incorrect. You have joint legal custody over your child. You don't have sole custody.

My husband and I have worked so much to be able to bring me and my daughter to the states. I'm worried about my case right now. Do I have to provide other documents to prove that my ex husband is allowing our daughter to live with me in the states???

Please help!!!

thank you

Relax. You are fine since the father has agreed to let his child immigrate to the US.

As long as you have a notarized letter from your ex-husband allowing his child to immigrate to the US, you are fine.

You do have legal custody of your child. It is joint custody with your ex-husband - this is the basic default when there is no custody agreement. You don't have sole legal custody.

If you had sole legal custody, then you wouldn't need the father's permission since only you are legally able to make decisions for your child.

Since you have joint legal custody, the father's legal written permission is required to allow the US Embassy/Consulate to issue an immigration visa to her. As long as you follow this written permission, the rest of the case processing is normal. By normal, I mean like everyone else who doesn't need a parent's permission to immigrate.

[Maymay99 0]

Thank you so much, somehow I feel better now. I couldn't sleep for days thinking about it!

[VanessaTony 3,567]

Thank you so much, somehow I feel better now. I couldn't sleep for days thinking about it!

Please change your flag to Canada as that is where you are processing your visa.

[Maymay99 0]

I want to clarify that Japanese law in terms of child custody doesn't recognize joint custody.