Custody documents for interview

[Taetag girl 0]

Hello,

Just wondering if anyone with experience in this area can help me. I have sole custody of my two children, who are both from my previous marriage which ended in abandonment. After my ex husband left us, I had a separation agreement drafted because I was under the impression he would be keeping access to the children, visiting, etc. and needed to put something in place.

He never came back, and so a year later when it was time to file the legal divorce I had the separation agreement amended. The amendment was of course drafted by my lawyer and processed & approved through the court system, granting me sole custody and giving him absolutely no access. I was told at the time of the amendment this would be all I need to have, ever, which was good since my ex has since fled the country and I do not have contact with him at all - so a court order would have been pretty much impossible after that point.

Obviously being on this board brings me to the point that I have since remarried a great guy who my daughters now know as "daddy" and we are months away from our interview for the CR1 visas.

The no access agreement has made it possible for me to legally change both my children's names to my husband's name, get them passports, travel back and fourth over the border, etc etc without having a clue where my ex husband is or needing anything from him.

HOWEVER, everything I've read online pertaining to the documents we need to have ready for the interview indicates that the only thing acceptable to the US government to prove I have sole custody is a court certified court order, which would be a certificate with a seal on it that looks like my divorce order. That is not what my no access order looks like - my no access order is an amendment to the previous separation agreement, several pages long, which is signed by my ex, myself, and my lawyer. Does anyone know if they would accept this or if they would turn us away without a 'court order' certificate?? Is there something else we could do (example, get my lawyer to go to the court with a letter that states that the no access agreement was processed and approved by the superior court of ontario & recognized by the government of Canada as a valid, legally binding document, etc etc)

My lawyer is away and I cannot reach the NVC in Montreal by phone... have sent two emails in the past 2 weeks with no response, and am going crazy!!

Thank you to anyone who can help!

[Ms Hogan 296]

I would suggest this post get moved to the Canada forum as nobody other than other parents from the same province as you will have the same type of paperwork you could/should have. I am in Ontario and I would be happy to chat with you by PM in more detail about what I have. With that said, your lawyer could have and should have filed an uncontested divorce that would have included the Separation Agreement including the details on access and custody. The separation agreement would be filed with the courts and approved by a judge listing custody and access. Mine does not have a seal on it either BUT I did get a notarized copy from my lawyer and each page is stamped with her name. It also includes a cover letter verifying that the paperwork is a true copy of the original etc. I did not provide this paperwork until asked for it at my interview.

I have JUST had my interview less than a week ago. Again, I'd be happy to discuss further and in more specific detail by PM if you'd like to contact me.

Please fill in your timeline so we can all support you with as much information as possible.

[Taetag girl 0]

Thank you - if someone could please move this to the Canada board I'd appreciate it.

Edited March 12, 2013 by Taetag girl

[Ryan H 3,922]

Thank you - if someone could please move this to the Canada board I'd appreciate it.

**Moved per your request.**

[Taetag girl 0]

**Moved per your request.**

Thanks Ryan!