Visa Laws

Joel y Luza says on Jun 15, 2008, 23:49:

Immigration attorney question.... but from an insurance/tax standpoint..Once she, (and son) is here, on US Terra Firma, AND you are married, you can put her on your health insurance policy, IN GENERAL, due to a change in circumstance. Your step son is cool because, in the eyes of the law, he is attached at the hip, so to speak, and you can provide coverage. Tax wise, you can claim both of them, on your taxes in the year you are married, regardless of the father, since you are the sole means of support for both of them. The trick, and you will have to consult your CPA, will be with your step son, is you have to provide his support for over 6 months of the year, AND it has to be equal to, or greater than the person exemption.Since the father is pretty much out of the picture, that shouldn't be too hard to make a case of support for him.

I threw in the tax thing, since that is a pretty important part of what you need to think about, and with that, start quantifying your support of mamacita, and her pequeno los nino:)

intuitively, I say the father is a red herring.. he abandoned his son and isn't really part of the argument..

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tigredelnorte2 says on Jun 16, 2008, 07:22:

This missing father could be a future problem. Be careful. Are you sure she isn´t playing some kind of game with you?

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aracne says on Jun 16, 2008, 08:02:

I think part of your question has something to do with the possibility to take the child out of Colombia, am I right? If so, it's important for you to know that when a child leaves the country and is not in the company of both parents, that child must have a permission granted by the other parent. In this case it seems that the father will not be available for this permission so she will have to present a court petition in order to obtain it.

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CatGirl says on Jun 16, 2008, 08:58:

I am assuming the child was born in Colombia...

I think aracne is pretty close. This is true, you have embarked on a very complicated situation. I would first clarify what agreements have been made in family court. I am aware that the father does have to grant permission, but if the mother can state her case in family court. If the father is truly a "slippery" person, she can prove this and possibly have some other arrangements (legal) made. Think about it, if he is doing what she says - he is probably not financially supporting the child nor attempting to see the child.
(If you feel really strong about this, you can always put the word out that you will be happy to adopt the child, if the father really cares he might come out of the woodwork)

She is young and there is a possibility she is not very educated in this area, but I would also keep what tigredelnrt says too....appears a bit complicated and if she is willing to go to the EEUU to be with you (at least she says?) than I would question why she has not problem solved this already.

Careful - is this worth the grief?.....if it is....Godspeed ;)

Love and Time: the only two things that cannot be bought, but only spent

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CatGirl says on Jun 16, 2008, 10:28:

Privatebd: One more thing....not sure how long you have been with this person...sounds like not too long since she has a 4 year old from a different father? Another bee to put in your bonnet ;))...... Stay out of it as much as possible, especially in the begining. It is between her and the father, she needs to take action - don;t try to be her saviour and get caught up in the mama baby drama stuff. Step in when it it time to step in and the time is not now, she needs to go to court or she is not telling you the whole story.

Focus only on the relationship, give her verbal support and encouragement (not financial for now) and watch to see what she does. If she gets it to court and can prove he is not attentive, then you have confirmation and can probably step in at this point. If the father shows up, then he can fight for his rights.

It is very early....you have a long journey if this is the path you want to take. She needs to Take care of her business, she has a child - needs to be the adult ;)

Love and Time: the only two things that cannot be bought, but only spent

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Privatebd says on Jun 16, 2008, 18:01:

First, I would like to Thank everyone for there feedback and support. So Thank you very much. As for the legality of the situation, I will undoubtable sit down with a lawyer before I make any moves. I am just asking on this forum to have a somewhat general idea. From what that has been explained to me of the Father, he does not possess the greatest of character. So as for a moral situation, I want the Father if he is here in the states, to have a relationship with his son. If he wants ofcourse, I do not want to step in between a Father and his son. With that being said, I will not allow the Father to do anymore damage to either her or his son. As for financial support, I will give some financial support when needed. After speaking with a lawyer knowing the cost of each step of the process. Also buying and sending some gifts, no different than what I would do when I have had girlfriends here in the states. And ofcourse I beleive our relationship is genuine. I am not a rich person, but if it is not genuine, the broken heart would hurt more than the lose of funds. I will try to keep everyone updated on my situation. Thanks again all!!!!!!

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Gator says on Jun 16, 2008, 19:48:

Bad news, she will NOT make it pass DAS without the "Permission for a minor to travel" signed by the father. If he can not be located you can make application through the Colombian family court, ( ICBF) Instituto Colombiano de Bienestar Familiar, and request a court order to allow the child to leave Colombia with the mother. Make sure she has a notarized copy of the child's birth certificate. Legally, the father is the father no matter where he resides. I doubt a US court will accept jurisdiction in this matter.

Assuming she is divorced the court can issue an order granting her full and complete custody-a certified copy of this order will also suffice.

"Brevior Sltare Cum Deformibus Mulieribus Est Vita!" .

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Privatebd says on Jun 17, 2008, 02:03:

So the child may not travel without "Permission for a minor to travel" signed by the father, or the court can issue an order granting her full and complete custody-a certified copy of this order. If I am understanding correctly..... Also she was never married to this man. I not even sure if he is listed as the Father. I hope the one thing he would give his child is the oppurtunity to come to the U.S. without a problem. And not that I feel the U.S. is better than Colombia, but the chance to have a Father in me. Thanks for the post!!!!!!

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Gator says on Jun 17, 2008, 09:43:

DAS will assume, believe it or not, that there had to be a natural father involved married or not. If so he will need to sign or this is where the Colombian family court, ( ICBF) Instituto Colombiano de Bienestar Familiar, will come into the picture. Colmbian law apparently does not require that the father even be married to the mother so marriage is not a prerequisite to allow the father standing to object.

Believe me, there is NO WAY around this requirement. The ICBF has the power to order
child support and secure guardianship, change the name of the child to the mother’s last name, award full custody of the child to the mother and overrule any objections of the father might have to the child leaving Colombia. But all this WILL TAKE TIME AND MONEY and several ICBF hearings. Colombian law allows any father, even if he has never seen his child or much less supported tge child, the right to care for his child and to object to the child leaving the country without his permission. She can also attempt, if the father's whereabouts are unknown even if he is out side of Colombia, she may be able to obtain a letter from the government social services office in the
town where she lives that an investigation, the child's father's whereabouts are unknown and can not be ascertained. Usually, the D.A.S. will accept such as letter as proof that securing the father's permission is not and allow the child to leave the country.

The Colombian Department of Administrative Security (D.A.S.) is charged with the enforcement responsibility but enforcement and how action is taken may vary from individual to individual. But that is a roll of the dice standing in line waiting to leave.

"Brevior Sltare Cum Deformibus Mulieribus Est Vita!" .

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CatGirl says on Jun 17, 2008, 13:03:

Gator - Phew! So glad you chimed in. You know much more of the specifics ;))

Love and Time: the only two things that cannot be bought, but only spent

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Privatebd says on Jun 17, 2008, 16:13:

Thank you for the info, sounds as if we have much work ahead of us, unless he (the Father) can be tracked down, and is willing to cooperate. But I figured it would be a long and grueling process, as it should be when regarding a child. I will try to keep everyone updated on my situation and steps by posting "VISA LAWS UPDATE" assuming the longevity of the process. Thanks again!!!!!!

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jinksmiester says on Jun 18, 2008, 08:35:

Personal opinion..might be better off not trying to hard to track down the father if he is out of the picture.If he is not supporting the child and she can get full legal custody granted by the courts this would i figure be best.Otherwize this unsupporting father if she tracks him down may suddenly become (a concerned father) seeking to exstort money from you for permission for the child to leave the country....you can bet its happened before.

A man is not old until regret takes the place of dreams

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CatGirl says on Jun 18, 2008, 09:09:

Uhhhh - Jinksmiester....it is? Hmmm. Well, I will keep the names and specifics to myself, but I would not be suprised at this at all. I know one Colombiano who "said" (of course maybe he was extorting $ too) that his Ex took his child out of the country without his permission so he filed charges against her in Colombia. She stayed past her Visa time (this is before Passports were actual requirements for travel in US) and he presented her as a bad mother keeping his child away from him etc... Later he told me he had a court date with the mother - he said he made a wager that he would drop the charges against her if she agreed legally to never collect child support. There was more but I wont bore you with the details. Nevertheless, not sure if this is even true, but after he said this "proudly" I lost all respect for him as a person....Is this actually possible in the Colombian Court System BTW?
In the US I watched in court something similar, the father did pay very a nominal amount. The judge was very suspicious and questioned the mother as to why and only granted the case on a temporary basis, to be reviewed later.

Love and Time: the only two things that cannot be bought, but only spent

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Gator says on Jun 18, 2008, 09:52:

Colombian law allows any father, even if he has never seen his child or much less supported the child, the right to care for his child and to object to the child leaving the country without his permission.

"Brevior Sltare Cum Deformibus Mulieribus Est Vita!" .

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Robert Jorge says on Jun 18, 2008, 20:17:

When was it not required to have a passport to enter the US from a foreign country (besides Canada)?

--"I believe in making the world safe for our children. But not for our children's children, because I don't think that children should be having sex." - Jack Handy

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CatGirl says on Jun 18, 2008, 20:48:

RJ - Clarification - I am talking about travel within US. Remember the big surge of applications for the US passports and requirements for even US travellers (within the US) to have them? The mother and his child are in the US. The child without permission. I only mentioned this because this might pose a problem now if his daughter was to travel (not sure).

Either way I am not sure if Gator answered my question or not? BTW Gator, I am aware of this law:)) No need to repeat for me.

Again my question was - is it common for an absent father to do what I mentioned? To blackmale the mother into signing legal papers that he will never pay support ever in exchange for not filing charges against her for leaving the country without his permission? Has anyone ever heard of such a thing? I have - but was not sure if it was just a BS story. ;)

Love and Time: the only two things that cannot be bought, but only spent

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Joel y Luza says on Jun 18, 2008, 21:26:

this is a bit after the cow is out fo the barn comment, but if you were a single mom, and the father was a dipshit and not paying support, and you had some intention in the future of (re)marrying, you would add a post script to the letter telling the papa thanks but no thanks with the child support, saying "dude, sign away your rights and I will never bother you for money again!!!"

seems like some proactive planning by the mamacita could save a bucketful of issues later in life..

then again, I can't stand deadbeat dads, or worse yet, abusive fathers.

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CatGirl says on Jun 18, 2008, 22:15:

Yep, - when I first heard the braggart story I did not believe it. He said he planned the whole thing too..."just for insurance so he could get out of child support"
He bragged he agreed all along with her to only leave for 6 months and return and then backed out intentionally before she made plans to go - he said she went and he waited to hit her with the offer when she returned...Had a hard time even believing a family court would grant a lifetime waiver anyways.
Then when I saw Jinksmeisters comment and thought..hmmm, if that could happen maybe this could? Maybe it is possibly a common practice....dunno?

Love and Time: the only two things that cannot be bought, but only spent

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jinksmiester says on Jun 19, 2008, 08:17:

I was thinking that child support in colombia (if the father is colombian) seems rarley enforced and i doubt that a deadbeat father would be concerned about that if he has never helped out or paid or been forced to.I have heard of horror storys where the deadbeat knowing the mother is wedding a u.s. citizen or other foriener will suddenly become a caring concerned father and fight to keep the child in colombia until paid off and money is exstorted from the newly wed couple.It seems to me that if a father is nothing more than a walking sperm donation he is nothing but trash to start with.If he is low enough to desert his own child then he is likley low enough to exstort money for the same child exspecially when given the power by law to try and stop a child from leaving the country.Id seek sole custody of the child and try and get the deadbeat out of the picture.If the father has never provided support and ran out on his own child he doest deserve any rights.If he is asked for permission for the child he is then in a position to refuse (or exstort) but if the mother has full custody (and it should be granted if the father has never supported the child and can,t be found) he would have no right to block the child from leaving and no opportunity to try and exstort money...i know this all sounds ugly and sorry for that but id want a clear road without some parisite trying to complicate matters.
best of luck.

A man is not old until regret takes the place of dreams

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Gator says on Jun 19, 2008, 08:23:

"BTW Gator, I am aware of this law:)) No need to repeat for me."

sorry-no offense meant. With the power the father holds he can make things very difficulty including blocking the issuance of a passport, complaints to child welfare, alleging international kidnapping to both Colombia and the US Embassy. I don't think it is too common but he holds the upper hand pending legal recourse. Happened to one of the wife's sisters in Medellin(now an attorney in NYC) but she handled it through ICBF in Medellin.



I am sure a propina might solve the problem

"Brevior Sltare Cum Deformibus Mulieribus Est Vita!" .

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CatGirl says on Jun 19, 2008, 11:06:

Thanks Gator! No offense taken. I respect your comments and contributions and your second comment was much more helpful ;)
Also Gator, in this case I mentioned...the child was supposedly born in the US. Not sure of the mother's status, but she is supposedly Colombiana and married this guy (after having the child in the US) in Colombia. Not sure if this would add to clarifying if the story told to me was true ;).

Jinkm: have heard of horror storys where the deadbeat knowing the mother is wedding a u.s. citizen or other foriener will suddenly become a caring concerned father and fight to keep the child in colombia until paid off and money is exstorted from the newly wed couple.

This IS horrible! I had no idea this happened! I hope this is not the case with this person. That makes me sick... SICK!
I have heard of bad blood between ex's and one re marrying and wanting to move out of state/country and the other denying it just to be spiteful - but extortion of money? Wouldn't the person be able to file charges against them for this?

Love and Time: the only two things that cannot be bought, but only spent

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jinksmiester says on Jun 19, 2008, 12:55:

There are all sorts of people in the world and no doubt some would accept a payoff not to complicate things.Some would see it as an opportunity and block the child from leaving.You are right that is sick but in reality it might be the only way(or easiest) to get rid of the deadbeat considering he has the power under the law to block the child from leaving the country.One would hope the courts would look at the history of support and involvment the father had with the child and do what is in the best interests of that child.

A man is not old until regret takes the place of dreams

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Gator says on Jun 19, 2008, 20:23:

The child is eligible for US Citizenship and a US Passport if, in fact, born in the USA. This MIGHT solve the problem but DAS would certainly raise and eyebrow and, IMHO opinion, want to see the "permission to travel-minor" authorization letter. Her best bet is Colombian family court
(ICBF). She could just allege she has no idea or knowledge of the father's location. Court will make an inquiry through a newspaper legal notice and if he is a no show will grant full custody to the mother.

"Brevior Sltare Cum Deformibus Mulieribus Est Vita!" .

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CatGirl says on Jun 19, 2008, 22:06:

Gracias Gator ;))

Jinkmeister- Guess I am a big ornery. I would not allow someone to do that to me AND my child in addition to being blackmailed. I would stop it. I can be a bit overprotective that way (of those I love), dunno, just me. Who's to say that after you pay the terrorist off the first time they don't ask for more later anyways? I'd take it to the law enforcement. If the law enforcement is shabby, I'd take care of it some other way, personally - face to face. Those type of people in my opinion are nothing but useless tumors of society, period. yuk.

Love and Time: the only two things that cannot be bought, but only spent

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jinksmiester says on Jun 20, 2008, 07:56:

Gators advice is what id recommend as well...go for full custody and once that is obtained the deadbeat is no longer an issue.

A man is not old until regret takes the place of dreams

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CatGirl says on Jun 20, 2008, 13:08:

Well, if that is the case....then I bet the story told was a "story" with maybe 10% truth in it. - if you know what I mean.

Love and Time: the only two things that cannot be bought, but only spent

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