Will biological mother’s consent letter cause visa refusal when the mother has become untraceable for 16 years?

[Evetskomplitz 6]

I-130 petition under Stepchild IR2 visa category filed by my US citizen wife has just been approved and presently at NVC stage.

 

My Son, @Ayomipitan currently 16 years old, he does not know his mother because she abandoned my son when he was just 3 months old and refused to return to him till date. Son’s mother whereabouts is unknown and same I filled in the DS-260 form because I don’t want to lie she’s dead. I stated she’s alive but DOB and address unknown.
 

I raised him as a single parents and I sworn to an affidavit of single parents sometimes in 2017 when he needs to get an international passport.

 

I want to know if it’s compulsory for me to get the mother’s consent at all cost even when her address or whereabouts is unknown for the past 16 years? Will this Affidavit of Single suffice as a proof of custody? Will this hard-to-get mother’s consent letter affect my son’s visa approval? 
 

I will be grateful to receive a very helpful advise in this regard. Thanks in advance.

[Ontarkie 13,915]

Normally it is a court order allowing you to take the child to move to the US or the other parent's consent. 

 

I do not know what the Affidavit of Single is. Is that something like having sole custody ? I know some countries if the parent has sole custody that is all that is needed. 

[Evetskomplitz 6]

4 minutes ago, Ontarkie said:

Affidavit of Single is. Is that something like having sole custody

Nope, it doesn’t connote a sole custody. It is just a declaration of facts under oath that an event occurred. It is usually an oath to be sworn to in courts or before a Notary Public. I would like to know the US immigration laws position since that is the jurisdiction basis for most US immigration.

[SusieQQQ 11,584]

1 minute ago, Evetskomplitz said:

Nope, it doesn’t connote a sole custody. It is just a declaration of facts under oath that an event occurred. It is usually an oath to be sworn to in courts or before a Notary Public. I would like to know the US immigration laws position since that is the jurisdiction basis for most US immigration.

Actually the visa issue is often more based on local conventions, and can range from formal custody to a notarized letter to even just an assumption of custody (for a single mother) depending on country. You might get better info posting on a regional Nigerian forum to find out what other single parents have had to show. Good luck.

[Evetskomplitz 6]

2 minutes ago, SusieQQQ said:

You might get better info posting on a regional Nigerian forum to find out what other single parents have had to show.

I really wished I knew how to find Nigerian community forum on here. I would have loved to do that if only I know how to find such.

[SusieQQQ 11,584]

There is a very broad SSA forum here https://www.visajourney.com/forums/forum/89-africa-sub-saharan/ but there may be more Nigeria specific forums elsewhere. 

[Evetskomplitz 6]

4 minutes ago, SusieQQQ said:

There is a very broad SSA forum here https://www.visajourney.com/forums/forum/89-africa-sub-saharan/ but there may be more Nigeria specific forums elsewhere. 

I am checking 

[Evetskomplitz 6]

I-130 petition under Stepchild IR2 visa category filed by my US citizen wife has just been approved and presently at NVC stage.

 

My Son, @Ayomipitan currently 16 years old, he does not know his mother because she abandoned my son when he was just 3 months old and refused to return to him till date. Son’s mother whereabouts is unknown and same I filled in the DS-260 form because I don’t want to lie she’s dead. I stated she’s alive but DOB and address unknown.
 

I raised him as a single parents and I sworn to an affidavit of single parents sometimes in 2017 when he needs to get an international passport.

 

I want to know if it’s compulsory for me to get the mother’s consent at all cost even when her address or whereabouts is unknown for the past 16 years? Will this Affidavit of Single suffice as a proof of custody? Will this hard-to-get mother’s consent letter affect my son’s visa approval? 
 

was anyone in my situation and what papers could be presented when biological mother can’t be found?
 

I will be grateful to receive a very helpful advise in this regard. Thanks in advance.

[Jadesola14 1]

Yes you will need a letter of consent from his mother and yes it will affect his visa approval.

[Penguin_ie 5,985]

****  two threads on same issue merged.  Please don;t post more than once on an issue/ question. ******

[P0907 127]

On 5/18/2021 at 4:55 AM, Evetskomplitz said:

Nope, it doesn’t connote a sole custody. It is just a declaration of facts under oath that an event occurred. It is usually an oath to be sworn to in courts or before a Notary Public. I would like to know the US immigration laws position since that is the jurisdiction basis for most US immigration.

Could this "declaration of facts" be used in a secondary court case to grant you sole custody? 

[Evetskomplitz 6]

12 hours ago, Peter0907 said:

Could this "declaration of facts" be used in a secondary court case to grant you sole custody? 

Nope it’s just a statement under an oath. The problem here is that since the boy was 3 months old the mother abandoned him to an unknown destination. The last time someone saw her I heard she was married with other kids. Presently, there is no how one can fetch her to give a consent letter and the boy is now 16yrs old.

[SusieQQQ 11,584]

2 hours ago, Evetskomplitz said:

Nope it’s just a statement under an oath. The problem here is that since the boy was 3 months old the mother abandoned him to an unknown destination. The last time someone saw her I heard she was married with other kids. Presently, there is no how one can fetch her to give a consent letter and the boy is now 16yrs old.

How much older than 16 is he (just turned 16, nearly 17?)? Absolute worst case you can delay till he is 18 and then custody /consent becomes irrelevant. However given the facts of the case, I would think /hope you should be able to get a visa issued.

Edited May 22, 2021 by SusieQQQ

[Ontarkie 13,915]

Speak to a lawyer in your country. It is your country's laws that the CO will follow whether to give your son the visa or not. They will not violate your country's laws, so talk to a lawyer there and see if you even need a letter of consent or if you can get a court order allowing you to move your son to the US.

Edited May 22, 2021 by Ontarkie

[Pinkrlion 2,607]

Each embassy is different, but writing an affidvit of the fact of her abandonment is important.  However, you need to prove that you were the one taking care of him as a child while you and he was in Nigeria.  That includes school records, doctor's records, etc..... Who paid for his care and well being?

 

Also there is no way you don't know her DOB, it should be on his birth certificate.

Edited May 22, 2021 by Pinkrlion