step son on IR2

[matuiza94 39]

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!

[pushbrk 12,110]

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.  

[matuiza94 39]

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?

[pushbrk 12,110]

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.

[AftM89 158]

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....

[matuiza94 39]

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!

[NikLR 13,220]

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.  

[matuiza94 39]

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.

[matuiza94 39]

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

[NikLR 13,220]

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

[matuiza94 39]

1 hour ago, NikLR said:

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

That has opened my eyes..thanks a lot!

[Ryan H 3,790]

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