Bringing My Fiance 5 year old Son Into The US When She Comes

[deseanmac 0]

We have been scheduled for an interview in December and was wondering what do we need to do to start the process to bring her son? How long does the process take?

[Darnell 8,478]

get a K-2 done on the child, nowish?

[Ning 619]

We have been scheduled for an interview in December and was wondering what do we need to do to start the process to bring her son? How long does the process take?

Educate yourself about what it takes to get the permission from the bio father while finding out the exact requirements of the embassy in this regard.

[deseanmac 0]

The biological father is nowhere to be found. The son do not even knows him as his father. He knows me.

[Pitaya 2,576]

Is the biological father's name listed on the child's birth certificate?

[deseanmac 0]

Yes. We have been trying to locate his father but have been unsuccessful.

[baron555 934]

Yes. We have been trying to locate his father but have been unsuccessful.

Then you have a big problem. You NEED to have the other parent notarize a letter allowing the child to permanently immigrate to the US and to revisit to the old country and then return to the US.

Or, you need to have a local judge grant full guardianship to the mother if the father has vanished.

Either of these MUST be in place before the child will be given a visa.

[Ning 619]

The biological father is nowhere to be found. The son do not even knows him as his father. He knows me.

The fact the bio father exists and is on the B C requires you do as I suggested as well as one of the things indicated by Baron. Because it seems the father isn't around you should begin learning what its takes to get the court order. You can be sure the embassy will not grant a visa without one or the other.

[order_66 0]

I am curious about this as well, my fiance has a 5 year old son, she's been legally divorced 1 1/2 years and has full custody of her son according to her divorce decree and the father has not been around since before her son was born.

I have spoke to other Vietnamese about it and they all say her son can come to the USA without any problems because she has full custody but in the back of my mind I worry if there will be any problems when getting the K2 for him.

[sevendelta 17]

I am curious about this as well, my fiance has a 5 year old son, she's been legally divorced 1 1/2 years and has full custody of her son according to her divorce decree and the father has not been around since before her son was born.

I have spoke to other Vietnamese about it and they all say her son can come to the USA without any problems because she has full custody but in the back of my mind I worry if there will be any problems when getting the K2 for him.

I have a kid and I was researching this topic. The USA doesn't need a permission from kids father. The embassy of USA doesn't request it. The passport control in USA doesn't need this permission. BUT!!!! This permission can be asked in YOUR COUNTRY!!! So you need to research the laws of your country. Can you cross the border with kid. Can they let you go?

If you can travel to another country without a permission from other parent - YOU DON'T NEED ANY PERMISSION TO GET K-2 FOR YOUR KID

If you can't travel to another country without a permission - YOU NEED TO RESEARCH WHAT TO DO

As usual your fiance(e) need to go to a lawyer and court to get an official paper to cross the border.

Good luck!

Edited October 21, 2014 by sevendelta

[Ian H. 207]

I'm not sure about other embassies, but the embassy in DR does not require parental consent in order to issue the visa. DR the country is what requires parental consent in order for the child to exit the country, you need a special form from migracion and they have gotten pretty strict about children exiting the country. Before the child could travel with one of the parents with no issue.

That said, with the system in DR just about everything is done through lawyers, and you would need one in order for the mother to get custody of the child. (On a side not, I'm not even sure pro se exists in DR.) In the DR, you have to get custody from the tribunal de niños, niñas, y adolescentes.

If you can find the father, it would be much easier, because all he would need is to sign a poder notarial. It has been my experience that the other parent is usually pretty willing to give the consent, since it is a pathway for them to get a GC in the future.

I don't know how the process is for getting custody, or how much it would cost, but you may want to get this done before getting the child's visa since it may take some time.

Here is a link with the migracion info on the travel consent for when you need it:

http://www.migracion.gob.do/web/ent_detalle.php?id=45

By the way, you have one year from the day the K1 is issued to your fiance to get the K2 for the child, otherwise you would have to submit an I-130.

[Joe and Ann 6]

In our case, the embassy did inquire as to Ann's parental rights over her son. She had received a finalized decree of nullity that awarded her full custody of my stepson, so that was easily addressed. HOWEVER, when we were passing through passport control in Cebu, we had to produce the decree, a copy of the annotated marriage certificate (in the Philippines they annotate the marriage certificate to reflect the annulment), and a copy of my stepson's birth certificate before they would let him on the plane.

Good luck and God bless!

Joe

[David & Diana R 1,005]

The biological father is nowhere to be found. The son do not even knows him as his father. He knows me.

I don't think it matters whether your son knows his father or not. I do believe however that you will have to get permission for the biological father to take your child out of the country. Is his name on the birth certificate? Even if it is not you will have to prove that you have permission to take the child out of country.

Good luck abd God Bless

[dwheels76 5,459]

Well I know of two cases this year that at USCIS they got an RFE to submit a written notarized letter from the absent parent giving their consent to take the child out the country. One of my friends had to locate the father she had not seen in over 1 years and never had been in her daughters lives. It took her 3 months time to get things done and submitted to TSC. It's not always the embassy that ask for such things.

It would make life alot easier to have a letter from the parent and have just in case.

[Ning 619]

I don't think it matters whether your son knows his father or not. I do believe however that you will have to get permission for the biological father to take your child out of the country. Is his name on the birth certificate? Even if it is not you will have to prove that you have permission to take the child out of country.

Good luck abd God Bless

Other than the bio father who would grant this permission?