Cory Price

Sorry for any inconvenience folks, but I am posting this a second time
because the first time it lists it as being posted by a John Smith with the
wrong e-mail address. I don't know if that affects it or not. I did make
some amendments, as more questions came up...

Hi There!

I am applying for a k3 visa for myself, and k4 for my children, as a spouse
of a U.S. citizen. I have received approval of my I130 and I129 form. I have
sent in all my documents to the Vancouver consulate, except they called me
today and asked for my papers showing that I have custody of the children
and a letter from my ex-wife saying that she gives permission for the girls
to immigrate to the U.S.

I have to get new copies of my custody papers I guess, since the first ones
are with the other immigration offices, since they wanted to see that I had
custody. I can get new copies, but the trouble is the letter.

My wife is mentally ill, and maintains sparse, sporadic contact with the
kids. I have full custody of the girls with no restrictions. However, I
don't know where my ex-wife lives, and even if I found her some how, I doubt
I could get a letter of permission.

I did manage to get my wife to sign that I get the passports for the girls,
but with her mental illness, she goes through ups and downs, and may not be
interested in signing something right now.

Does anyone have experience or advice on whether the papers showing I have
sole custody would be valid and satisfactory? If my I129 and I130 were
approved doesn't that mean that I have already shown the proper evidence of
custody? Doesn't the I129 approval mean that I have been properly approved
for the k3/k4 visa? Or can the consulate now cancel it on some
non-substantive reason?


Would it be worth while to just explain that my wife is in and out of the
hospital, and that she recently moved and we don't know where she lives? It
must not be the first time they've encountered a parent who is not involved
very much with the children. We don't get any financial or other help with
kids at all, from her. We can't be this close to be stopped. The reason I
say this is urgent is two-fold. We need to get back to the consulate right
away, as my wife has to get down to the U.S. to see her family quickly, as
two people in her family are ill. Second of all, we are driving and don't
want to end up driving 2400 miles in the middle of winter. Any thoughts
would be very appreciated.

Thanks,
Cory

mrsstrickland

in your custody papers does it not say you can take the children out of the country, the only reason i ask is that my custody papers state i can take my children out of the country, as for the letter, it may be best if you spoke to an immigration attorney, then you can get a legal response, i think the quicker you do this, the less chance you have of having to delay your visas, good luck to you all

dee

coryprice

My custody papers do not say where the kids go, just that I have sole custody, and their primary residence resides with me. I spoke with 4 different child custody attorneys here where I live, and asked them about this. I asked whether I had to go to court, or whether I had to tell her, and they each asked if it stipulated on the custody agreement where they could or couldn't go. I told them it didn't say anything one way or the other, and each lawyer said that I was then free to go.

It was the absence of restrictions that left me free to go to the U.S. they told me.

Thanks for the reply.

I wonder if Canada has attorneys that assist with immigrating to the U.S., and if they would be familiar with U.S. law? I could call the lawyer referral line, where you get a free chat to ask a couple of questions of 3 different attorneys.

Margaret

Here is another side coming from Canada to the U.S:

My son's father and I were never married however we lived common-law.
After we split up, we never had custody papers drawn, everything was
amicably agreed upon by the two of us as far as visitation, me having
custody of him and child support. I was one of the lucky ones in that
regard.

It was only because of my son and I immigrating to the U.S. that
papers were drawn up to satisfy INS and the Consulate.

I went to a lawyer recommended by a co-worker. The lawyer done up a
two page document in legal terms. It stated basically that my son was
the result of the union of his father and myself but we were never
married. That his father was granting me sole custody of his son, his
father was aware that we were going to be immigrating to the U.S. in
order for me to marry a U.S. citizen and that he was giving permission
for his son to immigrate.

After that the lawyer signed, dated, stamped and sealed the page. I
added my signature. Then I took the pages that were done in
triplicate to my son's father for him to have a lawyer sign, date,
stamp and seal and also for him (son's father) to sign. I left a copy
of that with the lawyer I had used, a copy for myself and a copy for
my son's dad. It cost me I believe about $140 Canadian to have done
and my son's dad $50 to have the lawyer he used to sign it.

At the Consulate interview in Montreal I was asked for the custody
paper and was also asked if my son's dad was giving him permission to
immigrate. I told her he was and said that it was noted in the
document. That suited her.

As I said, I was lucky because even though my son's father said he
would miss his son greatly, he felt he would have a much better chance
at being in the U.S. He knew also that I would have his son come back
for visits. If he had not allowed him to go, it would have course
ended up in a court battle. I will always be grateful to him for
allowing this to happen. There are spouses out there who genuinely
don't want to see their children immigrate but on the other hand there
are those that will refuse immigration out of vindictiveness.

By the way: When I brought my son over for a visit last November I
was also asked at Toronto airport if my son's father was aware that
his son was coming over to visit and she requested proof of it. I did
have a letter on hand.


Good luck to you.




mrsstrickland wrote in message news:...
    > in your custody papers does it not say you can take the children out of
    > the country, the only reason i ask is that my custody papers state i
    > can take my children out of the country, as for the letter, it may be
    > best if you spoke to an immigration attorney, then you can get a legal
    > response, i think the quicker you do this, the less chance you have of
    > having to delay your visas, good luck to you all
    > dee

coryprice

Thanks to everyone for their input.

Of course there's no clear cut answer. As I said, I did speak to different attorneys to ask about this, and they said that if a custody and access agreement does not stipulate that you can not move, then you are not restricted from moving and you do not have to notify her. I also found a clear precendent in law that one parent wanted to move away, to another continent, from Canada, and the courts allowed it.

She has furthemore been told of our intent to move to the U.S. and has since signed for the kids to get their passports. I also believe that even if she did not object, that she can not be forced to write and/or sign a letter. Even if she doesn't object to the move, she still can not be made to sign a letter. Just as she has now recently moved, and does not want to give me her new address, she can not be compelled to do any of that.

We'll have to explain that to the consulate, and take it from there.

Cory