I’m very glad to have found this forum. I have some inquiries regarding my future family and appreciate if you can give some inputs on it.
I’m Canadian and working here in the US. I plan to marry my Filipina fiancée next year and hope to bring her, and her 13 year old son from previous marriage (annulled), here in the US. I understand that under the derivative visa rules, my soon to be stepson is also eligible as my dependent.
Since the intent is to have my fiancée and her son lives with me here, I’m worrying that the US consul will ask for some custodial documents from the mother. My fiancée has the custody of the child by default, since the father have abandoned them long time ago. The only document she has regarding the custody is the court ruling on her annulment. There is a clause in the documents that states she has the custody of the child, or something like that.
My questions are:
1. Can she present this court ruling as custodual document for the child? Or she can maybe execute an affidavit to show that she has the custody?
2. Normally, if the mother will take her child/children abroad (temporary or permanent intent), do they (in this case the US Embassy) require you to present a consent from the biological father? Even if she has the custody of the child?
Thanks, and hope you can give some directions on my inquiries.