Parental consent

[IndominusRex 17]

Question: will my wife need a signed letter from her ex (father of her two children) consenting them to immigrate to the USA? We are in the final stage of their AOS with the interview at the end of this month and all of the sudden this question popped into our heads. 

 

He is aware of the children being in the USA going through the AOS process but he is a very hard person to deal with and we may not be able to obtain such letter. 

[Coco8 1,039]

For the children to leave the country, you will need a letter of that sort notarized, unless the mother has sole custody. Even if the mother has custody, some countries don't allow for the children to relocate and they need consent of the other parent.

 

You need to consult a lawyer in Mexico. It can backfire and if the father is hard to deal with, he could at any point say that the children were kidnapped. It has happened before. And if the father gives consent, it has to be more formal than signing any letter you write yourself. 

[IndominusRex 17]

3 minutes ago, Coco8 said:

For the children to leave the country, you will need a letter of that sort notarized, unless the mother has sole custody. Even if the mother has custody, some countries don't allow for the children to relocate and they need consent of the other parent.

 

You need to consult a lawyer in Mexico. It can backfire and if the father is hard to deal with, he could at any point say that the children were kidnapped. It has happened before. And if the father gives consent, it has to be more formal than signing any letter you write yourself. 

Thanks for the quick reply. My wife contacted him today regarding the letter but he started to get difficult. Hopefully he will sign it and notarize it like she asked. As far as accusing her off kidnapping, we have two recorded conversations where he is in agreement  for them to be in the USA  going through the process. We prefer a letter of course. 

[IndominusRex 17]

We do wonder what other options we have in case he refuses to sign the letter. Will USCIS 100% ask for the consent letter? 

[payxibka 10,044]

 

Just now, IndominusRex said:

We do wonder what other options we have in case he refuses to sign the letter. Will USCIS 100% ask for the consent letter? 

USCIS won't but the consulate will.

 

Sometimes a monetary incentive works.

[HRQX 4,145]

Just now, IndominusRex said:

Will USCIS 100% ask for the consent letter? 

This is an AOS case, so most of the time USCIS doesn't ask about the parent abroad consent.

[IndominusRex 17]

3 minutes ago, HRQX said:

This is an AOS case, so most of the time USCIS doesn't ask about the parent abroad consent.

We heard something along this line. Hopefully we will have the letter. If not, hopefully USCIS won't ask. 

Edited December 15, 2020 by IndominusRex
Misspelli g

[Boiler 43,597]

How did they get here?

[IndominusRex 17]

2 minutes ago, Boiler said:

How did they get here?

They came with their mother from MX to go on vacation with me. A week or so after I asked her to marry me. 

[AstoriaAOS 33]

8 hours ago, IndominusRex said:

They came with their mother from MX to go on vacation with me. A week or so after I asked her to marry me. 

Okay, this is why English is annoying. Did you mean:

(1) They came on vacation with you a week after you asked their mother to marry you.

(2) A week after they came on vacation, you asked their mother to marry you.

Two very different scenarios.

[Boiler 43,597]

5 minutes ago, AstoriaAOS said:

Okay, this is why English is annoying. Did you mean:

(1) They came on vacation with you a week after you asked their mother to marry you.

(2) A week after they came on vacation, you asked their mother to marry you.

Two very different scenarios.

Either way it makes no difference, I read it as 2.

[IndominusRex 17]

3 minutes ago, Boiler said:

Either way it makes no difference, I read it as 2.

Number two. It was late last night when I replied. They crossed from Mexico to visit me for two weeks. We were going to a cabin in the mountains. Then CBP closed the borders due to covid and I sort of panicked thinking the closure would be indefinite (still closed), so I asked her to marry me. She wasn't expecting that I would ask her that. She sort of panicked too since they only came with a week worth of clothes and a few toys for the kids. She had no intention on staying. She had a house, great job as a college professor in Mexico, etc. I asked her to eventually abandon all that by marrying me. We still thought she would go back and finish her semester and the kids too as we though we had to do a consular processing. Later the lawyer told us for her to stay and do a AOS. 

[Boiler 43,597]

US Mexico border is not closed, many on here have used Mexico as a place to quarantine.

 

I have friends who have vacationed in Mexico, one went to see her dentist. 

[IndominusRex 17]

13 minutes ago, Boiler said:

US Mexico border is not closed, many on here have used Mexico as a place to quarantine.

 

I have friends who have vacationed in Mexico, one went to see her dentist. 

As far as we know it remains open for citizens and residents and other essential travel. Not visitors for pleasure from what we read online. 

Edited December 15, 2020 by IndominusRex

[Boiler 43,597]

39 minutes ago, IndominusRex said:

As far as we know it remains open for citizens and residents and other essential travel. Not visitors for pleasure from what we read online. 

My friends were visitors. Laylalex SIL came through Mexico not that long ago from Scotland. Lots of people on here have transited via Mexico.