Is Biological fathers consent required for K2 visa

[Lia_Ben 0]

i am going to start processing my k1visa and k2visa for my child. I got divorced in 2015. and obtained sole/permanent custody of my child. yet my x has child visitation rights.(2 months once only he visits)

1.Do I need to get a letter of consent from my x ?

2.If he refuse to give, what are the other options

3.Has it ever been asked during the visa process or while crossing the ports?

Thanks in Advance.

[fip & jim 452]

You need to check the law in the country you are currently residing in about permanently removing a child from jurisdiction. He could give a letter of consent but it's up to USCIS at POE whether they accept it. If you don't get permission to permanently remove your child from their country it is child abduction under international law. If you have to go to court you need to factor that in to how you time the visa process. Here, in the UK, you need the Leave of Jurisdiction papers for the embassy interview, otherwise they won't issue the visa.

[Going through 5,668]

Even with sole/permanent custody the biological father still has some rights.  He could very well argue in court that you moving the child out of the country greatly affects his opportunity/court order for visitation with the child (and it would).

 

Best to check with a family immigration lawyer in your country as to how legally best to go about this.

Edited June 8, 2018 by Going through

[fip & jim 452]

In child cases the rights of the child are paramount. You will have to prove it is in their best interests to emigrate.

For our case I made an offer of the other parent paying less child support to go towards visiting the child in the US & regular trips back for our child to maintain ties. You need solid evidence of how you will maintain your child's relationship with the other parent. 

And try to talk through your plans with him. You need to work together for the sake of your child. Think how you'd feel if someone suggested they were going to take your child thousands of miles away from you. 

[Going through 5,668]

8 minutes ago, hit & jim said:

For our case I made an offer of the other parent paying less child support to go towards visiting the child in the US & regular trips back for our child to maintain ties.

Just wanted to say, that was very amicable of you!  

[fip & jim 452]

I try 

And it worked. No objections, Leave of Jurisdiction court order ready in 3 months, no prolonged court case.