Hi, My wife and I just started our I-130 K3/4 process as of Feb. 11, 2008. We have known each other since May 2005 and personally since Sept. 2005 when I traveled to Cali Colombia to meet her. I have been studying this whole immigration process for about a year up until now, and still have queations. I am sure happy to find this site to help.

We have hired an attorney, but looking back I am not sure if this was the best thing to do just for the time wasted by a lawyers office processing everything and of course the extra money spent. I am currently in Colombia living in an aprt. that I had rented for us and her daughter to live. I will be back to the states in June.

The thing is that we are facing some very serious obsticals. My wife has a 6 year old daughter and the biological father of the girl does not support the girl at all and never has. He does nothing for her, pays no child support, and spends next to no time with the her either. And he is refusing to sign a paper for us to take the girl to America. He is like a little boy and just wants nothing but to cause us problems.

In 2005 he hit my wife and broke her nose when he learned that we were together!! Non of that matters much there when it comes to child custody ruling believe it or not. So there is not much we can do because the laws there in Colombia are VERY loose. We were thinking of trying to get him to sign the paper by telling him that if he does not sign, we will just leave the girl to live with him and he can raise and support her then. He can't because he has no job, no money, and lives with his grandmother. He really wants nothing much to do with his girl, he hardly sees her. But again, if he does not sign, we cannot take the girl with us. My wife has "custody" of her daughter. Her daughter lived with her all her life and still does now with us. That is not the issue. We still need the father's signature to take the girl to the US. We do not want to get into a very long and expensive legal battle over this, not that it would work much there anyway. We started down that road once already and stopped.

We had hired a lawyer in Colombia to try and take his parental rights away... we have been to "Bien Estar Familiar" and 5 other "offices" there in Cali and talked with them. All had a different story. But they did tell us that we cannot take his parental rights away because he does not physically abuse the girl and is not a "drug addict." No matter he physically and mentally abused the child's mother more than once.

Can anyone tell me if they know of a simular situation to this and what was done about it? Can you imagine being called for the INTERVIEW only to not be able to go on account of this guy? I do not even think the consualte will give my wife the visa alone and wait till we get this issue resolved to grant the K4 for her daughter.

Any advice would help us so much! Thanks... -Rich

Well there will be no calling for the interview because you most likely will not apply for the visa for the daughter without all the documentation complete, incomplete documentation assures it will be denied...

The K-3 is not dependant on approval of the K-4... it is the other way around...

We applied for them both yes. It is my understanding that the paper signed by both parents will be asked at the interview and not before. Am I wrong?

Your petition is approved and you have applied for the visas?

The parental signature is not required for the issuance of the K-3....... jus tthe K-4

Just sent in I-130 to USCIS Feb. 11th. I figured they would deny the K-3 on the grounds that her daughter would not be with her and would have to stay in Colombia with relatives. No?

No visas have been applied for yet... The petitions will be approved by the USCIS... After the petitions are approved you will then apply for the visas... Dependant on the speed it maybe IR(CR)-1/2 based on the I-130 or K-3/4 based on the I-129F.

You have a ways to wait... hopefully time to resolve this issue... What about the court system in Columbia?

lol What court system?? As I had wrote, Colombian laws are very, VERY lienent... even the marriage laws... and people on here can attest to this. You can go to 3 different notaries in Colombia and all 3 will have different requirments on what documents will be needed to marry in Colombia. We are still in the process to see exactly how this will play out. But the law won't do much for us here. That's the fact unless we pay a lawyer $2,000 to take him to "court" for 2 years and see what a judge here will decide. Won't happen.

When the case gets to the NVC they will ask for the document from the father. It is not listed on any instuction page however when you send in the DS230 you will need a notorizes letter see my timeline. I got an RFE because we did not include the letter.

Hi Rich, YES, I CAN relate! The only difference is is that my son is almost 16 yrs old. His father barely has anything to do with him but yet says "no" just to spite me, has NOTHING to do with his son or actually wanting to keep him here due to their relationship. I have had a legal consultation and after our trip in March, my son will make a decision as to what he wants. At that time (I'm sure he'll want to move) I will have my lawyer send him a letter with my son's intentions. If he still thinks that he can beat the court system (as they weigh their decision 95% in favour of a 16 yr old wants are) then so be it, I'll fight him no matter what the cost. I'm sure he'll change his mind after he gets legal consultation as he's tighter than skin on a wiener! If it's gonna cost him any money, he'll back down.
I'm sorry that you're having such problems! I feel for you! Unfortunately, no matter how you get it but you would have to get his signature for your daughter's passport as well... ugh, it's all so nasty!


best wishes...
jen