N400-Evidence of Child Support

[ac8238 8]

Hello All,

 

I had a relatively simple and straightforward N400 process for my wife and so I got ambitious and volunteered to help a family member with their application.

I am stuck at the online application where it is asking to provide Evidence of Child Support. Specifically, on the online app it lists:

Quote

 

If you have dependent children who live apart from you, upload documents showing that you support each child and that you have complied with child support obligations. Make sure the text is readable. This may include the following:

• Images of the court or government order requiring you to provide financial support
• Canceled checks or money order receipts
• A court or agency document showing child support payments
• Evidence of wage garnishments
• A notarized letter from the parent or guardian who cares for your child(ren)

 

A little background on this person. He is divorced, the divorce happened in his home country, and has one child (15yrs old). The ex-wife and son both live in another country now (France). He has no child rights and there are no court order for any child support (ie. he does not have any child support obligations)

What can he even provide in this section? Does he need to provide any evidence here since it does not seem like this applies to him?

 

Any insight is greatly appreciated!

[Mike E 11,723]

Does the divorce decree mention the child?

 

Is he on good terms with his ex wife? 

[ac8238 8]

10 hours ago, Mike E said:

Does the divorce decree mention the child?

 

Is he on good terms with his ex wife? 

 

The divorce certificate does not mention the child.

 

I would not say he is on "good terms", he's had to help her out with some paperwork and they keep the relationship to a minimum. I believe he sends some money to her every now and then purely out of kindness. 

[Mike E 11,723]

28 minutes ago, ac8238 said:

 

The divorce certificate does not mention the child.

 

I would not say he is on "good terms", he's had to help her out with some paperwork and they keep the relationship to a minimum. I believe he sends some money to her every now and then purely out of kindness. 

I would provide the entire  divorce decision and a letter from the ex spouse explaining that

 

* she has sole responsibility for the child’s support and

 

* he does not owe her or the child any money for spousal maintenance or child support. 
 

Does he have any intentions to petition his son’s green card before the son reaches age 18?

[ac8238 8]

16 minutes ago, Mike E said:

I would provide the entire  divorce decision and a letter from the ex spouse explaining that

 

* she has sole responsibility for the child’s support and

 

* he does not owe her or the child any money for spousal maintenance or child support. 
 

Does he have any intentions to petition his son’s green card before the son reaches age 18?

Getting her to sign a letter like that will be tough. She is not a helpful person by all accounts. All I can do is encourage him to do his best. 

 

I don't think there are any intentions to petition a GC for his son. Can you explain the context of that question? Curious what it implicates as far as an IO reviewing his citizenship app. Thanks!

[Mike E 11,723]

11 minutes ago, ac8238 said:

Getting her to sign a letter like that will be tough. She is not a helpful person by all accounts. All I can do is encourage him to do his best.

Yes. It is worth a try and worst case try again when the sub reaches age 18. 

11 minutes ago, ac8238 said:

 

I don't think there are any intentions to petition a GC for his son. Can you explain the context of that question? Curious what it implicates as far as an IO reviewing his citizenship app. Thanks!

If there is such intent then this potentially moots the entire issue: he and the ex-spouse sign an agreement granting him shared custody and they sign a child support.  He petitions the son.  Ideally before the son reaches age 18, the son arrives on an immigration before turning age 18 and the father naturalizes.  
 

Thus the son becomes a U.S. citizen and can stay in the USA, or after getting his passport and passport card, returns to France. 

[ac8238 8]

16 minutes ago, Mike E said:

Yes. It is worth a try and worst case try again when the sub reaches age 18. 

Are you saying there's a better chance of approval by waiting until son turns 18 than trying now if he cannot get ex-wife to cooperate with said letter? 

 

By the way, thank you so much for all this help. 

[Mike E 11,723]

3 minutes ago, ac8238 said:

Are you saying there's a better chance of approval by waiting until son turns 18 than trying now if he cannot get ex-wife to cooperate with said letter?

Clearly.  But I would try anyway because 3 years is a long wait.  It’s possible USCIS won’t RFE for this.  

 

[Villanelle 4,121]

 

 

When there is an order for support you must show its being paid as ordered. When there isn't an order you cannot be penalized for not showing proof of specific payments because no order exists demanding specific payments. So no order simply means you don't need to show you are complying with the order as there is none.

 

You still need to show GMC which includes showing proof of supporting your children regardless if there is an order or not. A letter from the mom would be helpful but not sure if that is possible to obtain or not. He should have proof of whatever payments he sent or items purchased for the child out of moral obligation not 'kindness' as you described it. Not sure if that was simply poor wording choice on your part but IMO if he was to describe it as kindness in the interview it wouldn't go well. 

 

 

[ac8238 8]

6 hours ago, Villanelle said:

 

 

When there is an order for support you must show its being paid as ordered. When there isn't an order you cannot be penalized for not showing proof of specific payments because no order exists demanding specific payments. So no order simply means you don't need to show you are complying with the order as there is none.

 

You still need to show GMC which includes showing proof of supporting your children regardless if there is an order or not. A letter from the mom would be helpful but not sure if that is possible to obtain or not. He should have proof of whatever payments he sent or items purchased for the child out of moral obligation not 'kindness' as you described it. Not sure if that was simply poor wording choice on your part but IMO if he was to describe it as kindness in the interview it wouldn't go well. 

 

 

Thanks for the insight into the world of child support. I wonder if your analysis is strictly under the context of the US court/judicial system or if this is how divorces are handled broadly in the world. I only mention this because he is from a poor country and the divorce decree is a super simple one pager and the way he described the process to me seemed quite basic. 

 

Your wording is much better than mine, yes, he has definitely been still sending money on a semi-annual/annual basis out of his moral obligation. Hopefully he can piece together the evidence for this. But beyond this, like I said previously, the letter from the mom might be quite difficult to obtain.

[Villanelle 4,121]

19 hours ago, ac8238 said:

Thanks for the insight into the world of child support. I wonder if your analysis is strictly under the context of the US court/judicial system or if this is how divorces are handled broadly in the world. I only mention this because he is from a poor country and the divorce decree is a super simple one pager and the way he described the process to me seemed quite basic. 

 

Your wording is much better than mine, yes, he has definitely been still sending money on a semi-annual/annual basis out of his moral obligation. Hopefully he can piece together the evidence for this. But beyond this, like I said previously, the letter from the mom might be quite difficult to obtain.

I believe there are a variety of countries that participate in a reciprocal program for child support and adoption/custody. (Hauge convention). There are also countries that are the opposite.  

 

If he has proof of semi regular payments he doesn't necessarily need the letter from the mom. A letter would be very important if he didn't have any records. He can write his own statement and upload it in lieu of the moms. In it he can explain there is no present order and there was no order in his divorce and attach the decree. He can then outline how and when he made payments and attach the documentation for it.