Only half custody for a child

[beecave]

Hi dear friends:

I am a US citizen and I am thinking about marrying this wonderful Chinese woman but I don't know if I can bring her son over to US.

I went to US consulate web site in Guangzou, where all immigrant visas in China are processed, and found that in order to bring a child over, we need to show the custody for this child. However, due to her previous divoce decree, she and her X share the custody for this child (may be a China thing) and each party owns the Child half a year each year.

My questions for you is that if this half custody will work out at the interview. Have you seen anything like this? Do you know any good lawyer who can give me an advice?

Thanks a lot for your quick help.

CaveMan

[beecave]

Hi dear friends:

I am a US citizen and I am thinking about marrying this wonderful Chinese woman but I don't know if I can bring her son over to US.

I went to US consulate web site in Guangzou, where all immigrant visas in China are processed, and found that in order to bring a child over, we need to show the custody for this child. However, due to her previous divoce decree, she and her X share the custody for this child (may be a China thing) and each party owns the Child half a year each year.

My questions for you is that if this half custody will work out at the interview. Have you seen anything like this? Do you know any good lawyer who can give me an advice?

Thanks a lot for your quick help.

CaveMan

[Pasha Patel]

Hi beecave ,

This is the situation you might want to consider a very good immigration attorney that has good knowledge on immigration and laws in China... in my opinion... I have no idea of this situation...just my 2 cents....if in China custody of child is divided for 6 months to mom and dad...and US Consulate wants that in written...then probably u cant do anything... unless maybe u want to send the kid back to China every 6 months and maybe US Consulate in China would accept it...thats impossible coz of kid's study / school...I don't know if they will....or if there is another way to talk to dad of this kid and explain him that its better for this kid's future and he let the custody go and give all rights to the mother...then its possible...but u need to consult a GOOD lawyer and meanwhile kid's mom needs to work on him ( kid's dad) if he can let his rights on kids go... Good luck... Pasha

[Katycab]

I would think that 6 months custody would be sufficient. Six months per year is sufficient to mainain residency in the U.S., so even if that arrangement coninues, he could maintain residency. Of course as his stepfather you would be able to apply for him as immediate family.

[Pasha Patel]

I am concerned about if US Consulate would agree and accept that kinda thing like 6 month in US and 6 months in China...AND it could get very costly also.... If US Consulate can accept half custody ...

Other thing I m worried about is this kid's education / schooling ... I guess its next to impossible to go to a school for 6 months here and then back to China ....

I truly believe you should talk to dad of this kid and convince him to let all rights on this kid go for his better future.... Good luck... Pasha