CR2/IR2 Questions for Stepchild

[Kinchan1123 0]

Hello All,

 

I'm new to the forums and find most of the information here very helpful, however I haven't found answers to a question that I'm really looking for.

 

I'm a US citizen, petitioning for my Wife and Step Daughter.  

My wife and her ex husband divorced 5 months before we got married back in 2019.  They had a daughter together(She is now 9 years old), and I want to immigrate her over here to the states.  However my wife and I had heard a lot of rumors, consulate interview will want to ask for (Letter approval) of the stepchild's biological parents.  

Example: 
My Step Daughter needs a written consent that her dad needs to approve/allow her to immigrate to the states with her mother (My wife).  Is this True?

 

My wife (Vietnam National) has the divorce decree, and her ex-husband was suppose to pay child support every month but has not paid a single dime towards the child's living expense (In fact, I have been taking care both my wife and my step daughter).  Has anyone gone through a similar situation and would like to shed some lights?

 

Do Consulate Interview really want a Written Consent from the other biological parent, in order for them to get approved for a IR2 Visa?

 

Thank you in advance for reading and answering my question.

 

Jack

[Amadia 711]

In my case, I was the immigrant with my 2 kids moving to the US to live with my US citizen spouse.

When my ex and I divorced, because kids were involved, we had to settle thru Family Court. This court allowed us to chance to discuss financial well-being of the kids on both sides.

However, between my ex and I, he had trouble keeping up with the payments and I made a deal with him - Allow the kids to migrate with me and we live our life freely in the US and he will be free from financial obligations. (he signed and swore an affidavit to this effect).

All I had to do was include his sworn decree of Termination of Parental Rights with my CR1 visa paperwork....no questions asked.

 

In your case, as long as the biological parent is still alive, then proof has to be shown that the biological parent gave permission for the underaged kid to leave the country. He can report to the authorities that the child was kidnapped and I don't think you or the kid's mom would want that to bite you in the butt. So YES, there must be some legal document showing that the underaged kid can leave even though the biological parents are divorced. 

[pushbrk 12,233]

The biological parents' approval for immigration OR court ordered full custody to your immigrating spouse.

[Kinchan1123 0]

@Amadia and @pushbrk

 

Thank you for the reply.

 

So if the biological parent will not sign any consent, the only way is to get Full Custody by Law.  

 

Obviously, I did not have this prepare submitting it with my I-130.  

 

My Next Question:

 

If I can get a court order full custody, can I bring it at the time of consular interview?

 

If I cannot get consent or the full custody by law.  I will not be able to immigrate my stepchild to United States?

[pushbrk 12,233]

4 minutes ago, Kinchan1123 said:

@Amadia and @pushbrk

 

Thank you for the reply.

 

So if the biological parent will not sign any consent, the only way is to get Full Custody by Law.  

 

Obviously, I did not have this prepare submitting it with my I-130.  

 

My Next Question:

 

If I can get a court order full custody, can I bring it at the time of consular interview?

 

If I cannot get consent or the full custody by law.  I will not be able to immigrate my stepchild to United States?

It is the interview stage that requires the Custody or permission documentation.

 

Required, means exactly what you think it means.

[Chancy 6,233]

20 minutes ago, Kinchan1123 said:

So if the biological parent will not sign any consent, the only way is to get Full Custody by Law.

 

Your wife's divorce papers don't say anything about being granted full custody of her child?