Step son in the US and now bio mom is causing issues. (split)

[CBO 15]

Hello everyone my stepson arrived in the US on October 2015 from Haiti. I filed the I130 and everything went smooth. Now that he is here his biological mom in Haiti is now having issues that she haven't had before. She lives in Haiti and has her mom that is here in the US that is here on a TPS status. She wants her son to live with her mom and my husband refuses; however she is claiming that she is applying for a visa and when she arrives will fight my husband for custody even though he never even lived with her in Haiti. My husband was always the primary parent until he arrived couple months before his son his mother watched his son until the son followed after. My question is that If she gets her to the US I know she is in tilted to file for full custody, but being that my husband son entered entered with an approve I130 and me signing an affidavit of support to take care of this little boy where do my rights stand. The only thing the biological mom talks about is money. If it is not income tax money it's child support and am just afraid if she is awarded custody and they were to file for any type of Givernment assistance I will be held accountable for that. Also would it be easy to see what he intension where to let the stepmom bring her son in and then she tries to take him from my husband and I? And if she takes him can I revoke the affividat of support?

[Unlockable 7,306]

Hello everyone my stepson arrived in the US on October 2015 from Haiti. I filed the I130 and everything went smooth. Now that he is here his biological mom in Haiti is now having issues that she haven't had before. She lives in Haiti and has her mom that is here in the US that is here on a TPS status. She wants her son to live with her mom and my husband refuses; however she is claiming that she is applying for a visa and when she arrives will fight my husband for custody even though he never even lived with her in Haiti. My husband was always the primary parent until he arrived couple months before his son his mother watched his son until the son followed after. My question is that If she gets her to the US I know she is in tilted to file for full custody, but being that my husband son entered entered with an approve I130 and me signing an affidavit of support to take care of this little boy where do my rights stand. The only thing the biological mom talks about is money. If it is not income tax money it's child support and am just afraid if she is awarded custody and they were to file for any type of Givernment assistance I will be held accountable for that. Also would it be easy to see what he intension where to let the stepmom bring her son in and then she tries to take him from my husband and I? And if she takes him can I revoke the affividat of support?

1. Please start your own thread. Do not hijack gregoryagu's thread with your topic.

2. Regarding the issue with your stepson' and his mother, you are over thinking everything. If she arrives to the US, yes she has a right to file for custody but that does not mean she will receive it. And how is she asking for child support if the child is living with his father?

3. No you can not revoke a legal government affidavit that you signed. Even if you divorce. But in your case you are worrying about something that is not likely to happen.

[CBO 15]

I didn't hijack I haven't posted in a while so I made a mistake in posting. Sorry

[Ontarkie 13,975]

~~Thread split off from unrelated topic. Also moved from the RUB forum and moved to General Immigration~~

Mod hat off

What type of custody papers does your Husband have? Did you need the Mothers consent to bring your stepson to the US?

If the mother does make it to the US you can use the custody papers from Haiti to prove who has been raising him all this time. With both parents in the US it changes things a bit but when I looked into it I was told the birth countries decision stands. The US would look at it like I came from another State and all changes had to be made in the birth country. But like I said it probably changes when both parents move to the US.

It will help your case, also keep all communications in email format or texts. These can be used as proof if she does take your husband to court. The way the courts are set up here it's highly unlikely she would get full custody. She could get joint with your husband as primary and then she pays child support.

Personally I would tell her how hard it is in the US to get full custody and how she would most likely be the one paying child support.

[CBO 15]

Thank moderator for moving thread...... Thanks for response Ontakie. In Haiti there are no legal papers that needs to be done. She has always been unemployed so she wasn't able to provide for the child, and my husband because of him having a very good job in Haiti has raise his son from 6 months of age up to now. He has school records which shows he had paid for private schooling for his son and people that knew him personally that knows his son always resided with him in Haiti. She is not yet in the State but has threaten that she will be coming soon and she wants her son. It's so funny that in Haiti she never wanted him, but she does when she comes here, because of money. They are very well educated in Haiti about income tax check and child support because she keeps mentioning that; however, I filed for my stepson and am committed to take care of him. And I know deep in my heart that if given her son knowing the family background they will apply for government assistance and I cannot have that because of the affidavit of support I signed to get him here. She doesn't have her sons best interest at heart. He is here in private school, he has already mastered the English language and he loves being with us. I

Edited July 21, 2016 by CBO

[aaron2020 11,651]

Hello everyone my stepson arrived in the US on October 2015 from Haiti. I filed the I130 and everything went smooth. Now that he is here his biological mom in Haiti is now having issues that she haven't had before. She lives in Haiti and has her mom that is here in the US that is here on a TPS status. She wants her son to live with her mom and my husband refuses; however she is claiming that she is applying for a visa and when she arrives will fight my husband for custody even though he never even lived with her in Haiti. My husband was always the primary parent until he arrived couple months before his son his mother watched his son until the son followed after. My question is that If she gets her to the US I know she is in tilted to file for full custody, but being that my husband son entered entered with an approve I130 and me signing an affidavit of support to take care of this little boy where do my rights stand. You have no rights as a stepmom. Custody is between mom and dad. Mom will find out how expensive fighting will be when she has a consult with a lawyer. The only thing the biological mom talks about is money. If it is not income tax money it's child support and am just afraid if she is awarded custody and they were to file for any type of Givernment assistance I will be held accountable for that. Also would it be easy to see what he intension where to let the stepmom bring her son in and then she tries to take him from my husband and I? And if she takes him can I revoke the affividat of support? No.

Hi,

Sorry about your situation.

There is nothing you can do if mom fights for custody. It's between mom and dad. A stepmom has no rights. To fight, mom will have to pay a family lawyer at least $5,000 to start. She will not be able to afford it.

You can not revoke the Affidavit of Support. Divorce or losing custody does not end that obligation.

Best of luck.

[CBO 15]

Thank you aaron2020 for your reply. I do know as far as custody I have no rights. When I say protect myself am using worst case scenario. If she win custody and apply for government assistance will I be held accountable for their actions? That is a concern that I have besides the custody issue

[aaron2020 11,651]

Thank you aaron2020 for your reply. I do know as far as custody I have no rights. When I say protect myself am using worst case scenario. If she win custody and apply for government assistance will I be held accountable for their actions? That is a concern that I have besides the custody issue

Yes, you would be accountable to repay any benefits that he receives.

How old is he?

[Ontarkie 13,975]

I would contact a lawyer in Haiti and see if you could get something about how the law there works and maybe he can provide something about how custody works there.

The boy has never lived with her and she doesn't have a relationship with him. It would be hard for her to gain custody now, joint with your husband being primary residence maybe and that is a big maybe.

How did you get your step son to the US? Normally they want something from the courts or permission from the other parent.

[Unlockable 7,306]

How is she immigrating to the US? Through her mother?

It may be a while before she makes it here.

How old is your stepson?

[Ontarkie 13,975]

How is she immigrating to the US? Through her mother?

It may be a while before she makes it here.

How old is your stepson?

Good point, I forgot how long it takes to petition adult children.

[CBO 15]

My stepson is 5 years old and we don't know how she will be migrating here. At this point we are just trying to prepare ourselves now and educate ourselves because a custody issue is very new to us since she never wanted him while the child was in Haiti.

[SunflowerSweet 1,321]

Yes, you would be accountable to repay any benefits that he receives.

How old is he?

If you read OP's post, it sounds more like she was asking about if the biological mother uses government assistance, not her husband?

If the biological mother is being sponsored by her mother, then it is her mother that will be on the hook for that, not you.

If your husband uses government assistance, then you are responsible, but not for the biological mother.

[Ontarkie 13,975]

If you read OP's post, it sounds more like she was asking about if the biological mother uses government assistance, not her husband?

If the biological mother is being sponsored by her mother, then it is her mother that will be on the hook for that, not you.

If your husband uses government assistance, then you are responsible, but not for the biological mother.

Actually she is worried the mother will get custody of her step son and get assistance for him. The bio mother is all about money and how much she can get not the welfare of the child.

[Cathi 5,624]

If you read OP's post, it sounds more like she was asking about if the biological mother uses government assistance, not her husband?

If the biological mother is being sponsored by her mother, then it is her mother that will be on the hook for that, not you.

If your husband uses government assistance, then you are responsible, but not for the biological mother.

no...