Thai Court Order of Sole Custody in liu of Statement of Consent from biological parent

[rin and john 71]

The document is real . However it may not serve to satisfy the embassies requirements. This type of document was submitted in a case I helped with in the past and was rejected in that case.

The document was written by what you call city hall. City hall is not a court so this isn't a court order from a judge.

What this really indicates is that the couple lived a husband and wife but were not married and the father didn't sign the B cert. It does say the mother has custody of the child.

I don't know if the embassy will accept this but if they did it would be great and help others be able to get visas for children.

As far as getting passports for kids I know I had no problem getting my daughters. I applied and it arrived in about 10 days. The person I mentioned above who's kids were denied also had no trouble getting those passports. The problem was with the father not signing and the rejection of a document just like what we see here.

I agree. Getting the passport and getting a visa issued by the US Embassy are different issues. To get the passport, the "city hall" document (domicile district office - por kor 14) suffices. Previous stories on here have suggested it used to be ok (as in our case), but things changed with the embassy requirements a few years ago.

Info on getting the passport.

http://www.mfa.go.th/main/en/services/1415/21479-Requirements-for-the-Ordinary-e-Passports-Applicat.html

From the embassy page:

http://photos.state.gov/libraries/thailand/591452/iv/112012_k_instruction_packet_3.pdf

OFFICIAL GRANT OF PERMANENT CUSTODY FOR MINOR CHILDREN: Please bring an official grant of permanent custody of each child, if you have minor children who will accompany you. Evidence of permanent custody is also needed at the time of childs application if the child follows to live with the parent in the United States.

Please submit an official consent statement from the other parent granting permanent custody for each child to emigrate to and live permanently in the US with the traveling parent. More information on how to execute the consent can be found from http://photos.state.gov/libraries/thailand/591452/iv/consent0112.pdf. If a statement of consent is not possible, we will accept a court order of sole custody.

[Karee 4,189]

Just thinking out loud here. Since the OP is an IR-1/CR-1 case, all of these documents are submitted to NVC, and not the consulate which is the case with K visas. I know in my wife's case the only documents she submitted to the embassy were the medical and proof of relationship stuff. Original marriage certificate, original police clearance, proof of birth, affidavit of support, etc. were all submitted to NVC here in the U.S. NVC basically approved all that stuff and sent it to the embassy. There is no packet 3 for IR-1/CR-1 visas.

Like I said, not sure if that makes a difference in the OPs case, but IR-1/CR-1 visa processes are different from K visas in that regard.

[rin and john 71]

Just thinking out loud here. Since the OP is an IR-1/CR-1 case, all of these documents are submitted to NVC, and not the consulate which is the case with K visas. I know in my wife's case the only documents she submitted to the embassy were the medical and proof of relationship stuff. Original marriage certificate, original police clearance, proof of birth, affidavit of support, etc. were all submitted to NVC here in the U.S. NVC basically approved all that stuff and sent it to the embassy. There is no packet 3 for IR-1/CR-1 visas.

Like I said, not sure if that makes a difference in the OPs case, but IR-1/CR-1 visa processes are different from K visas in that regard.

The website shows different links for immigrant visas and K visas. Both have the same information on child custody. Since I did not go the IR-1/IR-2 route, I don't know the answer. We need someone with more recent experience to post their experience. The only references I've found are threads where someone was headed down the path, but never followed up with the final results/solution.

http://bangkok.usembassy.gov/mobile/immigrant_visas/packets.html

[Karee 4,189]

The website shows different links for immigrant visas and K visas. Both have the same information on child custody. Since I did not go the IR-1/IR-2 route, I don't know the answer. We need someone with more recent experience to post their experience. The only references I've found are threads where someone was headed down the path, but never followed up with the final results/solution.

http://bangkok.usembassy.gov/mobile/immigrant_visas/packets.html

Yeah that information in the link is somewhat misleading when it comes to IR-1/CR-1 visas. I think they put it in there for people that are going the Direct Consular filing route where NVC is not involved. I submitted almost all of that to NVC here in the U.S. which is what they require.

[alexbrixie 3]

We will find out soon, I'm panicked but hopeful, I've been waiting a long time.

The website shows different links for immigrant visas and K visas. Both have the same information on child custody. Since I did not go the IR-1/IR-2 route, I don't know the answer. We need someone with more recent experience to post their experience. The only references I've found are threads where someone was headed down the path, but never followed up with the final results/solution.

http://bangkok.usembassy.gov/mobile/immigrant_visas/packets.html

[alexbrixie 3]

Interview set for July 17th. I'm praying my document works.

[ToddT 1]

Good luck and let me know please... I'm behind you by about 3-4 months.

[alexbrixie 3]

Good luck and let me know please... I'm behind you by about 3-4 months.

I hired Siam legal to try to get official custody before my interview for 50,000 baht to go along with certification of custody. Not sure what is going to happen, can't really understand his legal terminology. Hoping for the best, nervous. US embassy in bangkok will not tell me if certification will be enough. I sent scanned copies of document and translation and they keep sending copies of requirements generated through state dept website. Worst customer service ever.

[Ning 619]

I hired Siam legal to try to get official custody before my interview for 50,000 baht to go along with certification of custody. Not sure what is going to happen, can't really understand his legal terminology. Hoping for the best, nervous. US embassy in bangkok will not tell me if certification will be enough. I sent scanned copies of document and translation and they keep sending copies of requirements generated through state dept website. Worst customer service ever.

This is very difficult for people I know. This is probably a situation like I described before where they think what you are doing is asking them to " pre screen " the case. That's just a guess. Interesting to note in the case I sent you info on they did respond to questions to a certain degree.

You would think they would at least say if the docs were acceptable. However in the example I sent you they said " most people don't obtain these childrens visas on the first attempt ".

[alexbrixie 3]

This is very difficult for people I know. This is probably a situation like I described before where they think what you are doing is asking them to " pre screen " the case. That's just a guess. Interesting to note in the case I sent you info on they did respond to questions to a certain degree.

You would think they would at least say if the docs were acceptable. However in the example I sent you they said " most people don't obtain these childrens visas on the first attempt ".

I've paid my taxes, all my visa fees, medical fees, lawyer fees, I'm over $100,000 into this being apart from my family almost 3 years. I can't believe I've been able to maintain. They don't even have the courtesy to respond with a name of whom I'm speaking to in email. And they will never let me reply to their email,mi must start over again. I'm a human being and my family are human beings, a family's survival is depending on this process to be givin a fair shake. I'm tired of these people. They to should be held accountable.

[alexbrixie 3]

Good luck and let me know please... I'm behind you by about 3-4 months.

they are guaranteeing me custody by end of week. She had to say she hasn't spoke to him since birth of child.

[ToddT 1]

Where did she make that statement?

[alexbrixie 3]

Where did she make that statement?

i believe she made it at the law office. This was Monday, they said it would be filed by end of this week , they are using the certification of custody as evidence. Lawyer says will have custody by July 17

[alexbrixie 3]

Where did she make that statement?

[Juan & Nan 12]

We are waiting for our interview at the embassy; but we have the sole custody papers and the letter the father had to sign at the amphur stating that the other patent has permission to take the child to migrate to the US. These two documents are required according to the us embassy website. Also I heard from a friend that the embassy will also ask for a signed copy of the fathers Thai ID. We got that too just in case.

I know what a lot of you are thinking...why do you need the letter from the father if the mother has sole custody? I asked the same question. After a while, I learned to just accepted as what it is, get them and move on.