My wife and I have been married for 7 years, but been separated recently. we talk on daily basis but we live separated due marital problems. I am on the process of applying for naturalization and i saw that there is a child support requirement for dependent who does not live with me.. my wife and I have a kid together and did not apply for divorce yet, and there is NO court order for child support either as we r trying to work things out. So, what am i supposed to do in this case? she refused to write me a letter stating that i was supporting my kid, because i could not, also because she was ignoring the whole time i was trying to get hold of her or the kid. she always would say i don't need anything, just leave us alone.
Family Law Attorney
As far as the family law court is concerned, if no one has filed a divorce case or other child custody or support action, there is no child support obligation. But I don't know if the immigration rules look at something else. I will add the 'immigration' tag to your question so that specialists in this field may see it and weigh in.
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Yes, from the perspective of immigration and in the context of the naturalization application process you are required to show proof you are currently and have supported your child or children. There does NOT need to be an order requiring you to do so.
I strongly advise you to seek legal help in fleshing out the details of this requirement, seek help by doing a consultation and find someone with experience to represent you in filing the N400, advise you about the child support requirement, and to represent you before USCIS at the interview. Search Avvo for an excellent practitioner who has a lot of experience; many are willing to provide low cost or free consultations.
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From an immigration law standpoint, if you are the father of a minor child at the time of your naturalization interview and that child is not living with you, you MUST bring a notarized letter from the child's mother confirming that all child support payments are up to date and that you owe no child support payments, and that requirements is irregardless of any court order or lack thereof. It goes to prove your"good moral character" (or lack thereof.)
Behar Intl. Counsel 619.234.5962 Kindly be advised that the answer above is only general in nature cannot be construed as legal advice, given that not enough facts are known. It is your responsibility to retain a lawyer to analyze the facts specific to your particular situation in order to give you specific advice. Specific answers will require cognizance of all pertinent facts about your case. Any answers offered on Avvo are of a general nature only, and are not meant to create an attorney-client relationship.
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As most of the time, I readily agree with attorney Behar's insightful answers. In this case I would add though that, of course, whether USCIS officer will look at the letter or even ask you to show it, is a big question and depends very much on the local office culture.
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