Everyone,
I had a question for the forum, that is long in words.
My wife and I were married on a K-1 Visa in November 2006. Her 14 yr. old son, Helaman, came to the United States with her on a K-2 Visa.
But it wasn't as simple as that. Originally they were to depart Lima, Peru on Oct. 23 and arrive in Chicago. But they were stopped from taking that trip, because Helaman did not have permission from his birth father to leave Peru.
Helaman has not had any relationship with his father (he has seen him only a few times in his life), but the problem is he carries his father's name regardless. And another problem is that the father's name is on Helaman's birth certificate, although the father did not sign it. These were the issues that made the airport authorities deny permission for Helaman to fly on Oct. 23.
So after it was said that Helaman could not travel to the United States, his mother (Claudia) was given 2 options. She either had to have Helaman's father agree that Helaman could leave Peru. Or have a Juvenile Judge give permission to Helaman that he could travel.
Claudia chose the later and the Juvenile Judge granted Helaman permission to travel to the United States for 3 months. And they made the trip to the U.S. one week later than expected (Oct. 30).
Since then Claudia received her Permanent Residence Card in April. And just yesterday, Helaman finally received his Permanent Residence Card.
Claudia is traveling back to Peru in August, without Helaman, because she is worried that if Helaman were to accompany her, then the Airport authorities would not allow Helaman to leave Peru again for the United States.
I suggested to Claudia, that now that Helaman has his Permanent Residence Card, the Peruvian authorities cannot deny him from leaving Peru to travel to the U.S.A.
Am I correct? Or does Claudia have to resolve this once again with Helaman's birth father or a judge?
I would be interested in what you guys think. For me, Helaman's is the biggest surprise for me in this whole experience. He's a good kid, and Claudia and I were talking about it last night and I said, the Visa Journey Forums have helped me with questions in the past, and it can't hurt to ask people what they think.
Thanks again, Craig


--------------------
K-1 Visa
Event Date
Service Center : Nebraska Service Center
Consulate : Peru
I-129F Sent : 2006-05-23
I-129F NOA1 : 2006-06-02
I-129F RFE(s) : 2006-06-23
RFE Reply(s) : 2006-07-08
I-129F NOA2 : 2006-07-24
NVC Received : 2006-08-02
NVC Received : 2006-08-02
Packet 3 Received : 2006-08-16
Interview Date : 2006-09-19
Visa Received : 2006-09-22
US Entry : 2006-10-30
Marriage : 2006-11-25
Permanent Residence: 2007-04-21
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Interesting question... curious as to why did the judge only approved a 3 month stay outside Peru?

The judge realized Claudia was to marry me, but only granted him a 3 month stay, because that is typically the longest one can stay in another country. For example, when I visit Peru, my tourist visa is for 3 months........I think that's right.

If I am reading what you said correctly, your wife directly and knowingly went against a court order.

I would not be suprised if your wife were not held in contempt of court in Peru.

I would contact a lawyer n Peru and ensure that she does not get arrested.

Because the son is traveling on a Peruvian passpost I think your wife is correct that the authourities could prevent him fromtrveling wihout his father's permission. The green card would not give him any rights under peruvian law because he is still a Peruvian citizen.

my best guess.

Poster John&Annie might be correct. Romania had a previous similar law, in which the consent of the father was needed in order to take the child out of the country, even if the parents were divorced and legal custody of the child was given only to one of the parents.
In such situations, if you leave with your child, on the mother's passport there might be a sign saying that she left the country accompanied by one minor child. Plus, in the authorities system, the same mention is done. So, your wife might have problems herself for returning without the child.
I would definetely recommend hiring an attorney in your wife's country and have him deal with the issue before any of them goes back to the country. It should be resolved, as the judges always look for the best interest of the child (which I'm sure you & your wife can prove), but why take an unnecessary risk and go back before having solved this?

The permanent resident card guarantees him a reentry to the US, but has nothing to do with the laws of Peru governing who is allowed to leave. Your wife is correct to worry. There are international treaties regarding immigration of children and the father's permission or a court order is required. If the father were to protest, you and your new wife may find yourselves in violation of laws in both countries. She needs to get this finalized. This is a serious matter that can even result in your wife's deportation for the violation.

John and Annie, John and Marlene, sapphire, and everyone else,
Thank you very much for your advice and comments. She will get a lawyer in Lima to help her figure out how to help resolve this situation.
craig

Go back to the court in Peru and have the 3 month restriction removed since he has permission to live permanently in the US and the 3 month tourist thing no longer applies.

The court may be a little unhappy that you violated the previous order.

How could he get his K2(or K4) visa without his father's permission to leave?
The Embassy did not required it back then?

It was required to have either the father's permission or court order. This seems to have been an oversight on the part of the consulate--a very major oversight.

Would it be that big of a deal for her to get a legal document signed by the Father stating the boy can leave Peru?

Whenever I have left the U.S. with my kids, I have carried a notarized letter from their father stating he gave his permission for them to leave with me whenever I chose. We've had to show it a few times. No issues.

Craig,

I'm quite certain that you are not correct. A Peruvian citizen in Peru is subject to Peruvian law. (So is a US citizen in Peru subject to Peruvian law, for that matter.)

The US Green Card means squat in Peru.

Yodrak

You may also want to check with an American Immigration Lawyer to ensure that the Child's green card can not be revoked because of fraud.