Hey guys, I just finished my interview for Naturalization on Friday. And I received a notice of continuance, asking for Court order for child support, but I don't have any court order for child support becauce my ex boyfriend doesnt want me to contact my daughter and all. And yeah I failed to list her on my ROC but she was listed on my CR1 visa. I am just confused that the question is for the kids that are living with me. What should I do? Thank you.
Help! Notice of Continuance (Naturalization)
- Thread starter anneb
- Start date
Hey guys, I just finished my interview for Naturalization on Friday. And I received a notice of continuance, asking for Court order for child support, but I don't have any court order for child support becauce my ex boyfriend doesnt want me to contact my daughter and all. And yeah I failed to list her on my ROC but she was listed on my CR1 visa. I am just confused that the question is for the kids that are living with me. What should I do? Thank you.
1AurCitizen
Registered Users (C)
Why the 2 duplicate threads?
It's considered spamming.
It's considered spamming.
Im sorry, I just don't know where to put this thread. I'm gonna delete the other one.
SusieQQQ
Well-Known Member
You’ll need to show evidence that you have at least continually tried to support your child. I don’t believe just saying teh ex doesn’t want you to contact her is good enough. The courts have held that parents still bear responsibility even in the absence of a court order for support (see bolded paragraph below). This is critical to the good moral character component of N400. I might even suggest that you contact a lawyer experienced in n400 applications about this.
https://www.uscis.gov/policy-manual/volume-12-part-f-chapter-5
K. Failure to Support Dependents
An applicant who willfully failed or refused to support his or her dependents during the statutory period cannot establish GMC unless the applicant establishes extenuating circumstances. The GMC determination for failure to support dependents includes consideration of whether the applicant has complied with his or her child support obligations abroad in cases where it is relevant.
Even if there is no court-ordered child support, the courts have concluded that parents have a moral and legal obligation to provide support for their minor children, and a willful failure to provide such support demonstrates that the individual lacks GMC.
An applicant who fails to support dependents may lack GMC if he or she:
If the applicant has not complied with court-ordered child support and is in arrears, the applicant must identify the length of time of non-payment and the circumstances for the non-payment. An officer should review all court records regarding child support, and non-payment if applicable, in order to determine whether the applicant established GMC.
Extenuating Circumstances
If the applicant shows extenuating circumstances, a failure to support dependents should not adversely affect the GMC determination.
The officer should consider the following circumstances:
https://www.uscis.gov/policy-manual/volume-12-part-f-chapter-5
K. Failure to Support Dependents
An applicant who willfully failed or refused to support his or her dependents during the statutory period cannot establish GMC unless the applicant establishes extenuating circumstances. The GMC determination for failure to support dependents includes consideration of whether the applicant has complied with his or her child support obligations abroad in cases where it is relevant.
Even if there is no court-ordered child support, the courts have concluded that parents have a moral and legal obligation to provide support for their minor children, and a willful failure to provide such support demonstrates that the individual lacks GMC.
An applicant who fails to support dependents may lack GMC if he or she:
If the applicant has not complied with court-ordered child support and is in arrears, the applicant must identify the length of time of non-payment and the circumstances for the non-payment. An officer should review all court records regarding child support, and non-payment if applicable, in order to determine whether the applicant established GMC.
Extenuating Circumstances
If the applicant shows extenuating circumstances, a failure to support dependents should not adversely affect the GMC determination.
The officer should consider the following circumstances:
- An applicant’s unemployment and financial inability to pay the child support;
- Cause of the unemployment and financial inability to support dependents;
- Evidence of a good-faith effort to reasonably provide for the support of the child;
- Whether the nonpayment was due to an honest but mistaken belief that the duty to support a minor child had terminated; and
- Whether the nonpayment was due to a miscalculation of the court-ordered arrears.
At any point did you and your ex ever go infront of a judge ? Or you guys just decided he'll have full custody ? Either way you need legal documents to support your claim . As of right now based on what you said your daughter lives with your ex and you have no contact .
Who's to say you just didn't abandon you daughter? Not saying that you did but it's all about what you can prove , and the IO will need all the facts in order to make a decision.
A father once gave up all his parental rights in court saying he wants nothing to do with the children . Judge replies : I can't make you be a father but I sure can make you pay support for them !!
Point is you'll have to prove whatever it is you're saying about your ex refusing contact. You might want to get an immigration attorney and a family attorney as well . GL