aintravingr8

Hi VJ's,

I'm in need of help in regards to custody and birth certificate papers for my son who is 8 and from Thailand with a IR2 in process sitting at the NVC.

Basically I received a checklist back indicating the following missing or incomplete:

BIRTH CERTIFICATE - document you submitted is not an original or certified copy of an original issued by the appropriate government authority. The document must be an original or certified copy of the original, bearing the original seal or stamp from the issuing authority.

*** I submitted a certificate of birth which was certified as legitimate and stamped for approval by the Ministry of Foreign Affairs in Bangkok after I had it translated from Thai to English. This was the same document (thai version) that we submitted for our son's passport which we did not have any problems obtaining and this is the only birth certificate that we have that was given to my wife by the hospital the day my son was born.. This is the same document I submitted with the I-130 petition in which we didn't have any problems with..

I spoke with the NVC on the phone and they had mentioned that they were expecting a certificate from the amphur, but in talking with my wife she said this was issues from the amphur so I'm not sure where the problem is here. Could it be that the NVC is reading the form name of Thor. Ror. 1 and that is why they are saying its not a valid document because they are expecting to see Thor. Ror. 19 which would be a translated birth certificate document?

CUSTODY PAPERS - please submit appropriate custody documentation in support of petition for alien relative. The adoptive parent/petitioner must provide:

1. certified copy of adoption decree --

2. legal custody decree - if custody occurred before the adoption

3. statement showing dates and places where child resided with parents and if child was adoptd while age 16 or 17... ** blah blah he is only 8

In addition to the above, in cases of joint custody or remaining rights of a non-custodial parent, applicants must also submit a notarized statement from the non-custodial parent granting permission for the child to immigrate to the US.

*** I submitted my wifes registration of divorce paper which clearly states:

1. female divorcing party came alone to submit petition for registration of divorce

2. divorcing parties where married lived together for years, having one child born to be in the parental power of the female party

3. no property or debt

4. court issued order for male divorcing party to legally divorce from female as husband and wife AND THE DIVORCING FEMALE PARTY TO EXERCISE HER PARENTAL POWER OVER THE CHILD, THE MINOR CHILD SOLELY. THE COURTS VERDICT SHALL BE REGARDED AS THE INTENTION OF THE MALE PARTY AS WELL.

5. concerning surname of minor child, he shall use surname of female party

6. other matters have been agreed between themselves

*** The divorce document was approved by the court and also has the stamp from the ministry of foreign affairs with a date of 02/2009.

My question is should the birth certificate and divorce decree which specifically states the child to be in the parental power of the female party and her surname should be used not be enough evidence for custody?? The court faciliated the divorce while the father was in jail and he gave his rights away... The last time my wife saw her ex-husband he threatened to kill her and her son.

HELP, what do I do here???

You will need to use your wife's maiden name in section C if indeed she has yet to do a name change to your last name and should avoid confusion and possible RFE in the future, or the other option is to do the name change first before submitting the I-130. Depends on how much longer you want to hold up the very long process?

Hello everyone

My wife and I just got married on March 22nd and now going to file I-130

However, we are wondering if I should file it as her maiden name or my last name on I-130?

Will that be easier to filed as my last name right now then we don't have to change it later?

Or we need to do or go somewhere to changed it first before we file it?

Thank you and have a great day everyone

I believe you will need to use your wife's maiden name in section C if indeed she has yet to do a name change to your last name.