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AOS question relating to non immigrating children

AOS question relating to non immigrating children

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Old Jul 9th 2006, 8:32 pm
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Question AOS question relating to non immigrating children

After marrying my USC wife I am currently adjusting my status from H1B. We have our interview next month. The notice of action letter states I must bring the birth certificates of any children I have.
I have a daughter, under 18, who is NOT immigrating with me. My daughter visits me here during school holidays, but is still in school in the UK. She lives with my ex-wife, her mother.
Does anyone have experience as to whether I will actually need her birth certificate for the interview, or is this a requirement only if she were immigrating? The form does not make it clear and I have been unable to find the information on any web sites. Her borough council does not provide birth cerificates over the internet (I was able to buy copies of mine online and have them shipped here). They further do not allow payment by credit card. So I would need to get someone to mail them a UK check, then have them forward the certificate on to me. She no longer lives in the same area she was born in, so its not just a case that someone can walk in to the registry office and pick one up for me. I have put this in motion, but fear it may not arrive before our interview.


Thanks

Dave
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Old Jul 9th 2006, 8:48 pm
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Default Re: AOS question relating to non immigrating children

Jim didn't bring the birth certificates for his three children nor the death certificate of his youngest son. Of course, all their names, ages, etc. were listed on the G-325As.

Originally Posted by Texas_Dave
After marrying my USC wife I am currently adjusting my status from H1B. We have our interview next month. The notice of action letter states I must bring the birth certificates of any children I have.
I have a daughter, under 18, who is NOT immigrating with me. My daughter visits me here during school holidays, but is still in school in the UK. She lives with my ex-wife, her mother.
Does anyone have experience as to whether I will actually need her birth certificate for the interview, or is this a requirement only if she were immigrating? The form does not make it clear and I have been unable to find the information on any web sites. Her borough council does not provide birth cerificates over the internet (I was able to buy copies of mine online and have them shipped here). They further do not allow payment by credit card. So I would need to get someone to mail them a UK check, then have them forward the certificate on to me. She no longer lives in the same area she was born in, so its not just a case that someone can walk in to the registry office and pick one up for me. I have put this in motion, but fear it may not arrive before our interview.


Thanks

Dave
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Old Jul 9th 2006, 9:09 pm
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Default Re: AOS question relating to non immigrating children

Originally Posted by Texas_Dave
Does anyone have experience as to whether I will actually need her birth certificate for the interview, or is this a requirement only if she were immigrating?
Dave, I think this came up a year or so ago for poster SecretGarden & MrPink. You could search for their AOS experience post, or maybe they'll drop by.
I dont' remember reading about that for anyone else ever tho. They are "special".
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Old Jul 9th 2006, 10:24 pm
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Default Re: AOS question relating to non immigrating children

Originally Posted by meauxna
Dave, I think this came up a year or so ago for poster SecretGarden & MrPink. You could search for their AOS experience post, or maybe they'll drop by.
I dont' remember reading about that for anyone else ever tho. They are "special".
And in their case, I believe they *were* required to show the birth certificates of the Mr Pink's children who remained in the UK.

Rene
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Old Jul 9th 2006, 10:47 pm
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Default Re: AOS question relating to non immigrating children

Originally Posted by Noorah101
And in their case, I believe they *were* required to show the birth certificates of the Mr Pink's children who remained in the UK.

Rene
d'oh. I guess I didn't actually *say* that, did I?!
lol.
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Old Jul 10th 2006, 3:08 am
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Default Re: AOS question relating to non immigrating children

Originally Posted by meauxna
They are "special".
Actually, we just had the DAO from Hell, but you can think we're special if you want........

To Texas Dave: yes, we were required to show the birth certificates of my husband's non-immigrating children who live with their mother in the UK, AS WELL AS the birth certificates of MY three children who live with us in the US and who are US citizens by birth.

All very odd we thought, but we brought everything AND the kitchen sink to the interview and needed most of it.

If it were me, I'd make every effort to get a copy of the certificate but you probably won't be asked for it. Good luck. Oh, and we had his AOS interview in Chicago.

~SecretGarden
(apparently the "special" one)
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Old Jul 10th 2006, 4:50 am
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Default Re: AOS question relating to non immigrating children

I recently had my interview an granted my child was not living in the
UK with his father but he does travel around a fair bit with his father
as his father is in the US Navy but anyway the point is my son is a US
Citizen an DOES NOT live with me but I did have to show the interviewer
a certifed copy of his birth certificate and ALSO a copy of the custody
papers from the courts. That was a task since I never did get served
with papers for our divorce. So my advice to you since they ask for
whatever they feel they want to ask for TRY to get a copy before your
interview cause you never can tell how they will react if you don't
have it. You could be fine with giving them an explanation but you
just never know. Best of luck. Hope it works out for you.
SecretGarden wrote:
    > > Dave, I think this came up a year or so ago for poster SecretGarden &
    > > MrPink. You could search for their AOS experience post, or maybe
    > > they'll drop by.
    > > I dont' remember reading about that for anyone else ever tho. They are
    > > "special". ;)
    > Actually, we just had the DAO from Hell, but you can think we're special
    > if you want........:)
    > To Texas Dave: yes, we were required to show the birth certificates of
    > my husband's non-immigrating children who live with their mother in the
    > UK, AS WELL AS the birth certificates of MY three children who live with
    > us in the US and who are US citizens by birth.
    > All very odd we thought, but we brought everything AND the kitchen sink
    > to the interview and needed most of it.
    > If it were me, I'd make every effort to get a copy of the certificate
    > but you probably won't be asked for it. Good luck. Oh, and we had his
    > AOS interview in Chicago.
    > ~SecretGarden
    > (apparently the "special" one) ;)
    >
    > --
    > Posted via http://britishexpats.com
 
Old Jul 10th 2006, 3:14 pm
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Thumbs up Re: AOS question relating to non immigrating children

Thank you to everyone who took time to reply.
I'll get a copy of the certificate as suggested.
It is difficult when one parent moves to another country, my ex-wife was initially scared when my daughter visited for the first time. She expressed concern that my daughter would not want to go back to the UK. My daughter loves both her parents, but of course you have doubts when you know they are going to be showered with love, affection and money during their visit.
I knew it would freak her mum out if I asked her for our daughters birth certificate, she doesn't understand the immigration process, and would think it was some secret plan to take custody of our daughter. I just contacted the registar in England and confirmed you don't need to be related to the person your getting the birth certificate of. So I asked an old friend to dig deep in his pockets and pay £7 to get a copy for me and send it on here. That way my ex-wife is not unnecessarily worried. It should be here in time.
Once again, thanks for all your input and shared experiences.

My biometrics were in Houston, but my interview is in San Antonio. I have been to San Antonio once before, to have my application checked over by an official prior to submitting it. I don't feel as nervous, having been there before. My wife said on my last visit I looked like a little boy waiting to see the headmaster, LOL.

Anyway, once again - thanks ya'll!


Dave
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Old Jul 10th 2006, 5:22 pm
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Default Re: AOS question relating to non immigrating children

Originally Posted by Texas_Dave
Anyway, once again - thanks ya'll!


Dave
Hi again, Dave......
It's always tricky with divorce, children and when you throw immigration into the mix, people get all kinds of ideas that they shouldn't get. We've been through this as well and it's not easy.

Personally, I think it's a good idea for divorced parents to each have a copy of identification papers for their children in case an emergency would ever arise and so I encouraged my husband to get a copy of these things before he left England. Little did I know they would come in so handy!

Anyway, the poster "Kat" also raises a good point---do you have a copy of a residence order for your daughter? My husband had one drawn up during his divorce proceedings partly to calm his ex-wife's fears regarding the kids being taken. We were also asked for that document and MY kids' custody order at the interview.

Ah, just something else to think about, eh?

~SecretGarden
Afterthought: my kids just recently got their US passports after several years of my trying to convince their dad I wasn't going to take off to England with them.......another hurdle crossed! Good Luck!

Last edited by SecretGarden; Jul 10th 2006 at 5:25 pm. Reason: afterthought
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Old Jul 10th 2006, 5:52 pm
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Default Re: AOS question relating to non immigrating children

We never had a residence or custody order drawn up when we divorced. To be honest it was a very amicable divorce, she took everything and I kept the cat. We agreed my daughter would live with her during the week and me at weekends and holidays. Maintainance has always been arranged mutually, and other than filing the divorce we never had cause to hire an attorney. We have been divorced now for over 10 years and it has worked very well.
Do you suggest I have a residence order drawn up prior to my interview, and if so can we draw up a formal agreement which we both sign ourselves or is the order an official court document.
I suppose if my exwife and I do not have a residence or custody order then I have nothing to present to USCIS.


Dave


Originally Posted by SecretGarden
Anyway, the poster "Kat" also raises a good point---do you have a copy of a residence order for your daughter? My husband had one drawn up during his divorce proceedings partly to calm his ex-wife's fears regarding the kids being taken. We were also asked for that document and MY kids' custody order at the interview.
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Old Jul 10th 2006, 8:14 pm
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Default Re: AOS question relating to non immigrating children

Originally Posted by Texas_Dave
Do you suggest I have a residence order drawn up prior to my interview, and if so can we draw up a formal agreement which we both sign ourselves or is the order an official court document.
I suppose if my exwife and I do not have a residence or custody order then I have nothing to present to USCIS.


Dave
If there's nothing in place then I wouldn't worry about it. I have found, however, that procedures/documentation regarding divorce and custody vary quite a bit from the UK to the US (you're all far more civilized and are expected to behave nicely and not need lawyers to do it for you!) As a result, the officials here don't always understand the differences in procedure and ask you for things that are typical in the US but don't always exist in the UK (i.e., "custody papers")

Anyway, I wouldn't bother with it---don't volunteer information regarding your daughter at the interview but do answer all questions truthfully and if asked, explain the arrangement just the way you explained it here.

I suspect you'll be just fine. Good Luck!
~SecretGarden
P.S. The Residence Order is an official court document on A4 paper with court seal and all.
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