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matuiza94

step son on IR2

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I apologize if this situation has been asked/addressed here before, So I have a step son who is 9 years old now and still in the native country. When I filed for my wife four years ago(now waiting for N400 and i751) we didn't want the boy to come over yet so some reasons but now its time. His IR2 is at NVC currently and I am getting the IV and AOS documents ready and my question to you guys is;

-I had a previous marriage before this one and so do I need to send the divorce decree or just the marriage certificate is all that they need to establish the relationship with my stepson?

_ What other IV documents would NVC need besides copies of his Birth Certificate, bio data page of his Passport and the Marriage Certificate?

Appreciated!

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Those documents are all that come to mind in terms of civil documents.  At the visa interview, you'll need documentation of the other parent's permission for the child to immigrate, their death, or a court order of full custody.  


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1 hour ago, pushbrk said:

Those documents are all that come to mind in terms of civil documents.  At the visa interview, you'll need documentation of the other parent's permission for the child to immigrate, their death, or a court order of full custody.  

 

1 hour ago, pushbrk said:

Those documents are all that come to mind in terms of civil documents.  At the visa interview, you'll need documentation of the other parent's permission for the child to immigrate, their death, or a court order of full custody.  

Thanks a lot, which actually brings another question, the biological dad is unknown and has never been in the boys life ever. The father part in the Birth Certificate is also blank. What would they ask if any?

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4 hours ago, matuiza94 said:

 

Thanks a lot, which actually brings another question, the biological dad is unknown and has never been in the boys life ever. The father part in the Birth Certificate is also blank. What would they ask if any?

For a mother to actually not know who the father of her child is, would be very unusual.  In some cultures, not wanting to talk about it, is common.  Unless she was a victim of an unknown rapist, quite promiscuous, or a prostitute, chances are she DOES know the name.  In such a case, entering "unknown" as the name of the child's father, can open one of those three cans of worms.  Does she really want that?

 

With regard to permission, the entry of "unknown" on the official birth certificate MAY be sufficient for "permission".  BUT, you've already filed a petition indicating the mother does not know who the father is.  Not good, unless actually true.  Bad enough, IF true.


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On 3/6/2019 at 6:35 PM, matuiza94 said:

 

Thanks a lot, which actually brings another question, the biological dad is unknown and has never been in the boys life ever. The father part in the Birth Certificate is also blank. What would they ask if any?

Won’t be an issue my sons birth certificate is blank on the father part cause he has never been a part of his life,our case just got case complete at NVC and it’s IR2,any questions you might need feel free to ask....

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2 hours ago, AftM89 said:

Won’t be an issue my sons birth certificate is blank on the father part cause he has never been a part of his life,our case just got case complete at NVC and it’s IR2,any questions you might need feel free to ask....

Thank you so much! I now feel positive, really appreciated!

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The issue of custody is a country specific one.  For instance, in Canada, even if the father is not on the birth certificate he has rights and a letter or court order needs to be obtained. However In the Phillipines, the mother has sole custody and no permission is needed.  

Now your wife was from Kenya? You need to know the potential parental rights there.  


You have brains in your head. You have feet in your shoes. You can steer yourself any direction you choose.  - Dr. Seuss

 

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1 hour ago, NikLR said:

The issue of custody is a country specific one.  For instance, in Canada, even if the father is not on the birth certificate he has rights and a letter or court order needs to be obtained. However In the Phillipines, the mother has sole custody and no permission is needed.  

Now your wife was from Kenya? You need to know the potential parental rights there.  

Haaa, interesting! Thanks for your input, we will just talk to a family lawyer in Kenya and find out for sure.

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So I have established that laws in Kenya are quite different from the US laws. An unmarried mother has legal custody of a child until the father can establish he is the father through a court process...child act of 2001 quote..

When a child is born to an unmarried mother, the father has no legal right to see his child without a court order. ... If a father desires visitation or custody of his child, he must establish paternity.Jul 23, 2018

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There's your answer.  In Kenya she has full custody and no letter is needed. 


You have brains in your head. You have feet in your shoes. You can steer yourself any direction you choose.  - Dr. Seuss

 

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Moved from IR-1/CR-1 Process & Procedures to Brining Family Members of US Citizens to America forum.


Our journey:

Spoiler

September 2007: Met online via social networking site (MySpace); began exchanging messages.
March 26, 2009: We become a couple!
September 10, 2009: Arrived for first meeting in-person!
June 17, 2010: Arrived for second in-person meeting and start of travel together to other areas of China!
June 21, 2010: Engaged!!!
September 1, 2010: Switched course from K1 to CR-1
December 8, 2010: Wedding date set; it will be on February 18, 2011!
February 9, 2011: Depart for China
February 11, 2011: Registered for marriage in Wuhan, officially married!!!
February 18, 2011: Wedding ceremony in Shiyan!!!
April 22, 2011: Mailed I-130 to Chicago
April 28, 2011: Received NOA1 via text/email, file routed to CSC (priority date April 25th)
April 29, 2011: Updated
May 3, 2011: Received NOA1 hardcopy in mail
July 26, 2011: Received NOA2 via text/email!!!
July 30, 2011: Received NOA2 hardcopy in mail
August 8, 2011: NVC received file
September 1, 2011: NVC case number assigned
September 2, 2011: AOS invoice received, OPTIN email for EP sent
September 7, 2011: Paid AOS bill (payment portal showed PAID on September 9, 2011)
September 8, 2011: OPTIN email accepted, GZO number assigned
September 10, 2011: Emailed AOS package
September 12, 2011: IV bill invoiced
September 13, 2011: Paid IV bill (payment portal showed PAID on September 14, 2011)
September 14, 2011: Emailed IV package
October 3, 2011: Emailed checklist response (checklist generated due to typo on Form DS-230)
October 6, 2011: Case complete at NVC
November 10, 2011: Interview - APPROVED!!!
December 7, 2011: POE - Sea-Tac Airport

September 17, 2013: Mailed I-751 to CSC

September 23, 2013: Received NOA1 in mail (receipt date September 19th)

October 16, 2013: Biometrics Appointment

January 28, 2014: Production of new Green Card ordered

February 3, 2014: New Green Card received; done with USCIS until fall of 2023*

 

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