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Ex Spouse's Permission

By Hotovaga in Bringing Family Members of US Citizens to America

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payxibka Grand Master

payxibka   10,044

Posted
Filed: AOS (apr) Country: Philippines
 Timeline
Posted
5 minutes ago, Hotovaga said:

I'm a US citizen and married to a foreign citizen. I'm planning to apply for my wife who has a child living with from her ex.

Does she need to get her ex's permission to bring her child to the US?

Please advise and many thanks in advance. 

Since you don't identify the country the best anyone can answer is in generality.   Generally speaking,  YES, permission is required from the other parent

YMMV

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geowrian Grand Master

geowrian   22,336

Posted
Filed: Lift. Cond. (pnd) Country: Philippines
 Timeline
Posted

Depends on local laws. Usually permission is required, unless one has sole custody and/or a court order.

Timelines:

ROC:

Spoiler

7/27/20: Sent forms to Dallas lockbox, 7/30/20: Received by USCIS, 8/10 NOA1 electronic notification received, 8/1/ NOA1 hard copy received

AOS:

Spoiler

AOS (I-485 + I-131 + I-765):

9/25/17: sent forms to Chicago, 9/27/17: received by USCIS, 10/4/17: NOA1 electronic notification received, 10/10/17: NOA1 hard copy received. Social Security card being issued in married name (3rd attempt!)

10/14/17: Biometrics appointment notice received, 10/25/17: Biometrics

1/2/18: EAD + AP approved (no website update), 1/5/18: EAD + AP mailed, 1/8/18: EAD + AP approval notice hardcopies received, 1/10/18: EAD + AP received

9/5/18: Interview scheduled notice, 10/17/18: Interview

10/24/18: Green card produced notice, 10/25/18: Formal approval, 10/31/18: Green card received

K-1:

Spoiler

I-129F

12/1/16: sent, 12/14/16: NOA1 hard copy received, 3/10/17: RFE (IMB verification), 3/22/17: RFE response received

3/24/17: Approved! , 3/30/17: NOA2 hard copy received

 

NVC

4/6/2017: Received, 4/12/2017: Sent to Riyadh embassy, 4/16/2017: Case received at Riyadh embassy, 4/21/2017: Request case transfer to Manila, approved 4/24/2017

 

K-1

5/1/2017: Case received by Manila (1 week embassy transfer??? Lucky~)

7/13/2017: Interview: APPROVED!!!

7/19/2017: Visa in hand

8/15/2017: POE

 

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Hotovaga Apprentice

Hotovaga   4

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Posted
2 hours ago, payxibka said:

Since you don't identify the country the best anyone can answer is in generality.   Generally speaking,  YES, permission is required from the other parent

Thanks for your reply payxibka!

I'm sorry for not mentioning the country. My wife is from Bangladesh. 

Her ex is living in Europe...the kid has been with her since birth. 

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geowrian Grand Master

geowrian   22,336

Posted
Filed: Lift. Cond. (pnd) Country: Philippines
 Timeline
Posted
8 minutes ago, Hotovaga said:

Thank you  Georgian for  your  kind  reply.

She has neither. And she is from Bangladesh. 

I don't know Bagledesh's local laws - I advise checking in the regional forums for some input. That said, you may want to have her start the process of getting consent as I would work under the assumption that it will be necessary (barring a court order).

Timelines:

ROC:

Spoiler

7/27/20: Sent forms to Dallas lockbox, 7/30/20: Received by USCIS, 8/10 NOA1 electronic notification received, 8/1/ NOA1 hard copy received

AOS:

Spoiler

AOS (I-485 + I-131 + I-765):

9/25/17: sent forms to Chicago, 9/27/17: received by USCIS, 10/4/17: NOA1 electronic notification received, 10/10/17: NOA1 hard copy received. Social Security card being issued in married name (3rd attempt!)

10/14/17: Biometrics appointment notice received, 10/25/17: Biometrics

1/2/18: EAD + AP approved (no website update), 1/5/18: EAD + AP mailed, 1/8/18: EAD + AP approval notice hardcopies received, 1/10/18: EAD + AP received

9/5/18: Interview scheduled notice, 10/17/18: Interview

10/24/18: Green card produced notice, 10/25/18: Formal approval, 10/31/18: Green card received

K-1:

Spoiler

I-129F

12/1/16: sent, 12/14/16: NOA1 hard copy received, 3/10/17: RFE (IMB verification), 3/22/17: RFE response received

3/24/17: Approved! , 3/30/17: NOA2 hard copy received

 

NVC

4/6/2017: Received, 4/12/2017: Sent to Riyadh embassy, 4/16/2017: Case received at Riyadh embassy, 4/21/2017: Request case transfer to Manila, approved 4/24/2017

 

K-1

5/1/2017: Case received by Manila (1 week embassy transfer??? Lucky~)

7/13/2017: Interview: APPROVED!!!

7/19/2017: Visa in hand

8/15/2017: POE

 

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Hotovaga Apprentice

Hotovaga   4

Posted
Timeline
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Posted
2 minutes ago, geowrian said:

I don't know Bagledesh's local laws - I advise checking in the regional forums for some input. That said, you may want to have her start the process of getting consent as I would work under the assumption that it will be necessary (barring a court order).

Thanks for the tip. It makes sense. 

Is there a regional sub-forum in this community?

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geowrian Grand Master

geowrian   22,336

Posted
Filed: Lift. Cond. (pnd) Country: Philippines
 Timeline
Posted
8 minutes ago, Hotovaga said:

Thanks for the tip. It makes sense. 

Is there a regional sub-forum in this community?

I suggest the Asia: South forum: https://www.visajourney.com/forums/forum/91-asia-south/

or

the Bangladesh portal: https://www.visajourney.com/portals/index.php?country=Bangladesh&tpage=1

Timelines:

ROC:

Spoiler

7/27/20: Sent forms to Dallas lockbox, 7/30/20: Received by USCIS, 8/10 NOA1 electronic notification received, 8/1/ NOA1 hard copy received

AOS:

Spoiler

AOS (I-485 + I-131 + I-765):

9/25/17: sent forms to Chicago, 9/27/17: received by USCIS, 10/4/17: NOA1 electronic notification received, 10/10/17: NOA1 hard copy received. Social Security card being issued in married name (3rd attempt!)

10/14/17: Biometrics appointment notice received, 10/25/17: Biometrics

1/2/18: EAD + AP approved (no website update), 1/5/18: EAD + AP mailed, 1/8/18: EAD + AP approval notice hardcopies received, 1/10/18: EAD + AP received

9/5/18: Interview scheduled notice, 10/17/18: Interview

10/24/18: Green card produced notice, 10/25/18: Formal approval, 10/31/18: Green card received

K-1:

Spoiler

I-129F

12/1/16: sent, 12/14/16: NOA1 hard copy received, 3/10/17: RFE (IMB verification), 3/22/17: RFE response received

3/24/17: Approved! , 3/30/17: NOA2 hard copy received

 

NVC

4/6/2017: Received, 4/12/2017: Sent to Riyadh embassy, 4/16/2017: Case received at Riyadh embassy, 4/21/2017: Request case transfer to Manila, approved 4/24/2017

 

K-1

5/1/2017: Case received by Manila (1 week embassy transfer??? Lucky~)

7/13/2017: Interview: APPROVED!!!

7/19/2017: Visa in hand

8/15/2017: POE

 

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B&C2017 Collaborator

B&C2017   123

Posted
Filed: IR-1/CR-1 Visa Country: Switzerland
 Timeline
Posted

Just to be curious - at what stage is this needed? 
I do have sole custody AND also the permission from my ex, but I was just wondering when a proof would have to be submitted. At NVC or embassy stage?

Marriage: 03/16/2018 ❤️💍👱‍♀️🧑
Birth of our daughter: 11/24/2018 👶🥰

USCIS Stage

I-130 submitted: 10/01/2019 😃
I-130 USCIS Lockbox received: 10/03/2019 
I-130 NOA1 received: 10/08/2019 --> Assigned to Nebraska Service Center 😩⏳
I-129F (K3) submitted: 11/01/2019 :idea:

I-129F (K3) USCIS Lockbox received: 11/06/2019 

I-129F (K3) NOA1 received: 11/14/2019 😃🙏🏻
I-130 approved: 05/21/2020 —> NOA2 came from Texas Service Center 🥳❤️

 
NVC Stage
Case Number received: 05/22/2020 —> via Email 😃
Paid IV and AOS fee: 05/23/2020
IV fee processed (AOS fee is stuck😭) 05/28/2020
Submitted IV application and civil documents: 06/02/2020
Submitted inquiry to NVC for AOS fee being "stuck" (known NVC system issue): 06/02/2020 --> Let the waiting begin - again.... ⏳
AOS fee finally marked as payed: 06/10/2020 🥳
 
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Hotovaga Apprentice

Hotovaga   4

Posted
Timeline
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Posted
2 hours ago, B&C2017 said:

Just to be curious - at what stage is this needed? 
I do have sole custody AND also the permission from my ex, but I was just wondering when a proof would have to be submitted. At NVC or embassy stage?

Yes. 

I'm submitting Form I-130 for her in 2 weeks. From reading others' various posts, I understand that the embassy will be asking for documents and no one knows what they would be. I'm trying to be proactive here, so that she could have the necessary paperwork. Her ex lives in Europe.

 

Thanks for your kind attention.

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B&C2017 Collaborator

B&C2017   123

Posted
Filed: IR-1/CR-1 Visa Country: Switzerland
 Timeline
Posted (edited)
28 minutes ago, Hotovaga said:

Yes. 

I'm submitting Form I-130 for her in 2 weeks. From reading others' various posts, I understand that the embassy will be asking for documents and no one knows what they would be. I'm trying to be proactive here, so that she could have the necessary paperwork. Her ex lives in Europe.

 

Thanks for your kind attention.

Thank you for your response. I assume it's only a custody agreement which would be needed, a government paper stating the sole custody or a notarized letter from the Ex, that he's ok with it. 
I for my case will provide the second and third file I mentioned, but as I've never been married before and my ex was just my ex boyfriend, it makes it a bit easier. Plus the fact, that he's ok with it, helps a lot 🙂

Edited by B&C2017

Marriage: 03/16/2018 ❤️💍👱‍♀️🧑
Birth of our daughter: 11/24/2018 👶🥰

USCIS Stage

I-130 submitted: 10/01/2019 😃
I-130 USCIS Lockbox received: 10/03/2019 
I-130 NOA1 received: 10/08/2019 --> Assigned to Nebraska Service Center 😩⏳
I-129F (K3) submitted: 11/01/2019 :idea:

I-129F (K3) USCIS Lockbox received: 11/06/2019 

I-129F (K3) NOA1 received: 11/14/2019 😃🙏🏻
I-130 approved: 05/21/2020 —> NOA2 came from Texas Service Center 🥳❤️

 
NVC Stage
Case Number received: 05/22/2020 —> via Email 😃
Paid IV and AOS fee: 05/23/2020
IV fee processed (AOS fee is stuck😭) 05/28/2020
Submitted IV application and civil documents: 06/02/2020
Submitted inquiry to NVC for AOS fee being "stuck" (known NVC system issue): 06/02/2020 --> Let the waiting begin - again.... ⏳
AOS fee finally marked as payed: 06/10/2020 🥳
 
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