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Illumia

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    Petitioning for 7 y/o Step-son, help? Please? [:

    in Bringing Family Members of Permanent Residents to America

    Posted

    13 minutes ago, JFH said:

    Does the mother-in-law have legal custody or is it just a casual arrangement between her and the child's mother that she should look after the child whilst the mother is unable or unwilling? Whoever has legal custody (and that may be the mother if she has not formally relinquished her parental rights) has to give permission for the child to be removed from the country. 

     

    Do the mother-in-law and the child's mother know of your plans? What about the child who is going to ripped from the only home he knows? 

    My mother-in-law has had full legal custody of my step-son since he was 2 y/o. The biological mom has pretty much disappeared and hasn't paid any child support or made any attempt to visit my step-son in the last 2 years.

     

    Also, my mother-in-law has known since my husband and I married that we planned to take my step-son to America with us and although it makes her sad because obviously she'll miss him a great deal, she knows he belongs and wants to be with his father and I. My step-son has known the arrangement for a whole year now and although he hates the fact that he has to put forth more of an effort to learn more english, he is super excited to come live with us. We're all very closely bonded and speak over FaceTime and Facebook video chat multiple times everyday. 

    Petitioning for 7 y/o Step-son, help? Please? [:

    in Bringing Family Members of Permanent Residents to America

    Posted

     I'm a US citizen and my husband just got his visa approved at his interview in CDJ today and we would like to start the processing for my step-son ASAP. My 7 y/o step-son is currently living in Mexico with my mother-in-law who has full custody. My husband and I have a shared bank account with which we send money to my mother-in-law to help support our son. I have pictures with him from when I visited my husband's family a few years back and lots of recent pictures from when we went to visit him before my husband's interview. We have pictures of my husband and his son from when he was just a baby... my husband's name is on the birth certificate etc. 

     

    So first question is does my mother-in-law need to hand the custody over to my husband and I before we can begin processing? Since my step-son's biological mom isn't really involved in his life (she doesn't try to see him and hasn't paid child support in more than 2 years) do we need her signature or approval on anything? I plan to adopt him once he's over here.

     

    Any advice from anyone who has done this before? Is this process similar to the one I went through with my husband? What are the steps? 

     

    I-130?

    Proof of relationship?

    Affidavit of support?

    Ds-260?

    Interview? 

     

    Thanks!

    Adjustment of status - Step-child?

    in Bringing Family Members of US Citizens to America

    Posted

    5 minutes ago, JFH said:

    I suggest the family friend stop studying immigration law right now because what he has told you is illegal. It is fraudulent to enter the USA on a non-immigrant visa with the intention of staying (or with the intention of keeping the person here in the case of a child). You will need to file a petition for the child. It will take around a year. 

    Yeah, thought his advice sounded sketchy. I would rather wait another year than have any issues. 

     

    For the legitimate vacation though, will his son be denied at the POE? I'm worried we'll have this vacation planned out and paid for and the officer at the airport will deny entry.  Is it best to hold off on any family vacation plans that involve visas until his son's case is complete as well? 

    Adjustment of status - Step-child?

    in Bringing Family Members of US Citizens to America

    Posted

    Hello,

     

    My husband (MEX citizen) has his visa appointment for next month and we were hoping to bring his 7 year old son back to the US with us for a family vacation because he has time off from school next month. We mentioned this to a family friend who is studying immigration law and he pointed out we can bring his son over here on a tourist visa and we can just not send him back and immediately adjust his status within the US. Is this okay to do? Are there any repercussions in doing so?

     

    My husband's mother has full custody for my step-son. My step-son's biological mother isn't in the picture at all anymore. My mother-in-law will sign over custody of my step-son to my husband. 

     

    & one more question: My husband illegally entered US back in 2011. If my husband and I bring his son over here (with a return ticket, obviously) for a couple weeks while he's on vacation from school, what are the chances of his son being denied entry by the officer at the airport we fly in to? We'll have Disneyland tickets and a hotel in California booked as proof of a vacation.

    Mexico Police Certification

    in US Embassy and Consulate Discussion

    Posted

    My husband and I are still awaiting an interview date for Juarez for his visa but NVC e-mailed me a letter stating we needed to bring my husband's Mexican Police Certificate to our interview. 

     

    NVC sent me this letter a week ago (when our case finished):

     

    _____10 - MEXICO POLICE CERTIFICATE:______________________________

    Available in most states for applicants 18 and over. Immigrant visa applicants who have resided in Mexico for six months or more since the age of 18 are required to provide a police certificate. The state police (Fiscalia General del Estado) of each state in Mexico can provide a police record (Carta or Certificado de No Antecedentes Penales). The process and the cost of obtaining these records vary by state. Contact the state police for instructions.

    If the state police record is unavailable, visa applicants must provide a federal record called a "Carta de No Antecedentes Penales" from the Direccion General de Ejecucion de Sanciones, Comision Nacional de Seguridad. To make the request, applicants must provide the following documentation:

    For Mexican Nationals:

    •   Mexican voter ID cards from the Instituto Federal Electoral (original and a copy)

    •   Birth certificate (original and a copy)

    •   Proof of residence in Mexico (original and a copy) 

    •  

    •  

    • The process is free of charge and normally is completed in person by the applicant. However, if the applicant is not able to make the request in person, a family member can do so in the applicant's name by taking a power of attorney signed by the interested party to:

    1. Direccion General de Ejecucion de Sanciones, Comision Nacional de Seguridad Calzada de Tlalpan No. 2962
      Col. Espartaco, Deleg. Coyoacan, C.P. 04870
      Mexico City, Mexico

      The office is open from 9:00 a.m. to 4:00 p.m., Monday through Friday. For inquiries about the process, applicants may call the institution at: 011-52-55-5128-4100 and 011-52-55-5599-2000, exts. 18992, 18993, 18994 y 18733. 

    Airplane

    in Off Topic

    Posted

    My husband and I were thinking of doing this too since the tickets are SO much cheaper. However, my husband came into US illegally and we're worried that, since it's a domestic flight, airport immigration might have an issue with it? Don't want him detained and held up over here...?

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