Parental consent

[HRQX 4,145]

50 minutes ago, IndominusRex said:

Not visitors for pleasure from what we read online. 

Mexican, etc. tourists can still visit the US but must fly-in: https://www.federalregister.gov/documents/2020/11/23/2020-25866/notification-of-temporary-travel-restrictions-applicable-to-land-ports-of-entry-and-ferries-service "At this time, this Notification does not apply to air, freight rail, or sea travel between the United States and Mexico, but does apply to passenger rail, passenger ferry travel, and pleasure boat travel between the United States and Mexico."

[IndominusRex 17]

https://www.mexperience.com/mexico-land-border-restrictions-closure-covid-19/

 

This is what we found. Regardless, at the time they shut down the border. It was later that they relaxed the restrictions a bit. Still, her family has been turned back at the border with their B1/B2 visas. 

 

But thanks for your insight and quick responses. But I feel like we are veering off the topic a little. 

[JFH 12,189]

3 hours 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. 

I went to Cancun for a week on vacation in September. Neither of us is a Mexican resident or citizen. 

[IndominusRex 17]

4 minutes ago, JFH said:

I went to Cancun for a week on vacation in September. Neither of us is a Mexican resident or citizen. 

Are you a US citizen or resident? Yes? Well there is your answer. What I'm talking about is Mexican visitors like tourists coming into the USA. Not USCs or residents going out of the USA.

[Illiria 980]

So basically the father of the children gave consent for the children to go on holiday with the expectation they would return and you have now married the mother and the kids aren’t going to go back?

 

Yeah - this could get sticky. 
 

Do the children’s mother and father have a custody arrangement already in place?

 

Could USCIS ask about the biological father of the children - yes. 
 

Could they deny the children’s adjustment of status because there isn’t explicit evidence showing the mother was permitted to permanently (not vacation) keep the children out of their home country - yes because USCIS does not want to get in the middle of an international custody battle. 

 

Could the father seek remedy in the courts because he didn’t agree that their leaving would be permanent - depending on the laws of the fathers country and their custody arrangement - yes. 
 

 

Edited December 15, 2020 by Illiria

[HRQX 4,145]

2 minutes ago, Illiria said:

Could USCIS ask about the biological father of the children - yes. 
 

Could they deny the children’s adjustment of status because there isn’t explicit evidence showing the mother was permitted to permanently (not vacation) keep the children out of their home country - yes.

It's very rare for USCIS to ask about other parent's consent.

 

That is in contrast to the policy used by DOS. But this case isn't dealing with DOS.

[IndominusRex 17]

11 minutes ago, Illiria said:

So basically the father of the children gave consent for the children to go on holiday with the expectation they would return and you have now married the mother and the kids aren’t going to go back?

 

Yeah - this could get sticky. 
 

Do the children’s mother and father have a custody arrangement already in place?

 

Could USCIS ask about the biological father of the children - yes. 
 

Could they deny the children’s adjustment of status because there isn’t explicit evidence showing the mother was permitted to permanently (not vacation) keep the children out of their home country - yes because USCIS does not want to get in the middle of an international custody battle. 

 

Could the father seek remedy in the courts because he didn’t agree that their leaving would be permanent - depending on the laws of the fathers country and their custody arrangement - yes. 
 

 

Her initial intention was to visit. They have joint custody. She informed him shortly after the wedding that she had initiated the AOS status and he was obviously not happy but agreed that it was best for the children and their future. We have recorded conversations of him agreeing (not sure they worth anything to USCIS). We do prefer to have a consent letter to be on the safe side. 

 

The children talk to him every day and we keep him informed of the AOS process as well as any matter pertaining to the children. 

 

He holds a grudge against her because she broke up the relationship and kicked him out of the house (she had purchased on her own) after she found out he was cheating on her and bringing the woman to her house when she was working. 

 

For that reason he may not want to give us the letter. Hence the question if it is absolutely necessary. 

 

Thanks for the replies. 

[ColumbusKat 44]

This may be helpful, or it may not be....but something I've noticed (and I've been guilty of) is that people worry a lot about if something is "absolutely necessary" or not, when in reality the only thing that can determine what is "absolutely necessary" is the pair of eyes looking at your case in the moment. Nobody (not a lawyer, visajourney poster, or previous USCIS employee) can tell you what will be an absolute dealbreaker.  Some people get RFEs for things that aren't listed on any website, others forget half their needed documents and USCIS doesn't blink an eye.

 

The better question is: what can I do if I don't get this letter?  

 

Is there anything you can do? (I don't know the answer to this).  If not, try your best to get the letter and deal with the consequences if you can't (and one of the consequences may be that it is never even asked for).  You will not be able to convince USCIS that this letter isn't "absolutely necessary" if they ask for it.  They will either want it, or not.  Don't waste your energy on guessing, put it towards trying to get the letter.  It sounds like the ex isn't an absolutely horrible guy that he would risk his children's future and that you and your wife have tried to keep him involved in the process.

 

Just a thought (PS your wife sounds awesome! Congrats!)

 

 

 

[Crazy Cat 39,386]

48 minutes ago, IndominusRex said:

We do prefer to have a consent letter to be on the safe side. 

This needs to be done by a court to be absolutely safe.  I'm sure you want to avoid any kind of kidnapping possibility.

Edited December 15, 2020 by Lucky Cat

[IndominusRex 17]

14 minutes ago, ColumbusKat said:

This may be helpful, or it may not be....but something I've noticed (and I've been guilty of) is that people worry a lot about if something is "absolutely necessary" or not, when in reality the only thing that can determine what is "absolutely necessary" is the pair of eyes looking at your case in the moment. Nobody (not a lawyer, visajourney poster, or previous USCIS employee) can tell you what will be an absolute dealbreaker.  Some people get RFEs for things that aren't listed on any website, others forget half their needed documents and USCIS doesn't blink an eye.

 

The better question is: what can I do if I don't get this letter?  

 

Is there anything you can do? (I don't know the answer to this).  If not, try your best to get the letter and deal with the consequences if you can't (and one of the consequences may be that it is never even asked for).  You will not be able to convince USCIS that this letter isn't "absolutely necessary" if they ask for it.  They will either want it, or not.  Don't waste your energy on guessing, put it towards trying to get the letter.  It sounds like the ex isn't an absolutely horrible guy that he would risk his children's future and that you and your wife have tried to keep him involved in the process.

 

Just a thought (PS your wife sounds awesome! Congrats!)

 

 

 

You are absolutely right. We will continue to treat him nicely and all for the letter. He agreed on the phone yesterday but later in the day he started telling things to my wife, you this, you that, etc. 

 

She told him that she didn't want to argue with him and to think about his children and their future. No response from him since. 

 

Yes, my wife is awesome. 😊

[IndominusRex 17]

4 minutes ago, Lucky Cat said:

This needs to be done by a court to be absolutely safe.  Otherwise, he could claim kidnapping.....

We are considering it. Some of her ex colleagues at the University are attorneys and offered to help. 

 

Crossing our fingers he comes through though.

[Boiler 43,597]

I am not familiar with Mexican Law but would be reasonable to assume that the Court Order will need to be amended. Possible Hague Convention issues.

[Paul Hanaki 68]

Considering the father has joint custody you really need to amend the custody agreement. You need this in case he asks the children to return to Mexico to visit before you get the AOS or advanced parole for the kids. This really has nothing to do with your original question as I don't think that will come up. You are getting a green card for them and that doesn't change custody or citizenship for them. So uscis isn't interested in that.