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VisaJourney.com > Marriage Based Immigration (K1, K2, K3, etc) to the USA > Direct Consular Filing (DCF) General Discussion

michellek1976

Still excited about discovery of DCF!

Just had a thought - at the interview will I be required to show any kind of court order or arrangement with my daughter's father before she is granted a visa?

We have come to an agreement with regards to moving to US, visits, etc and we did it amongst ourselves to avoid attorneys and court rooms.

Will the consulate demand to see paperwork?

Thanks!
raymaga
You will need a Statutory Declaration (that's what it's called in Canada) which your daughter's father will sign and have notarized stating that he gives his permission for you to bring his daughter to the U.S. to live with you. It cost us less than $50.00.

Good luck.

Fetaria
Yes, the consulate will want something official showing custody agreement between the father and yourself. Have your agreement signed and notarized.
michellek1976
Thanks guys for the input. I better get onto that soon. Lucky I asked the question - never seen it written anywhere on USCIS forms.
dwfunk
QUOTE(michellek1976 @ Jun 27 2006, 05:44 PM) *

Thanks guys for the input. I better get onto that soon. Lucky I asked the question - never seen it written anywhere on USCIS forms.



Because it's not a USCIS requirement. It's a Customs enforcement issue, from the Department of State. The Embassy will ask for the appropriate documentation for the visa issuance. The USCIS process is only a petition to request permission from the government to initiate the immigrant process.

The International Child Abduction treaties, have a requirement that any child coming across the border of any country that is a party to the Hague Abduction Convention, must have the permission of both parents to make the border crossing. If you are married, and you spouse is with you and your accompanying children have your same name, you will be waved right on through. If the children with you have a different name, then you have to have notarized copies of the documents that prove you have a legal right to the children and that they have permission to cross the border. This would be a divorce decree, with appropriate custody arrangements and a notarized statement from the other parent that the children have permission to cross the border.

It's ugly, its messy, it's required.
Fetaria
Of all the questions through out the entire process, this was the biggy for us. K1 interview, initial POE entry, and every time she travels across the border it is addressed. For the childs benefit, they take very much precaution as to where that child belongs and with who. They want documentation and this is a good thing yes.gif
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