Question about K1 and Child

[Waiting2Bunited 0]

Hello everyone, I am a new member referred to this forum by a friend.

This is the situation we currently face before I file a K1 Petition.

She currently has a child out of wedlock, but unfortunately she allow him to recognize the child by giving it his last name. Mom does have a tourist visa but unfortunately the child cannot travel with her because he won't authorize it.

What are your recommendations on the steps to take not only with the child but also because she does have a tourist visa in which she can come and be with me while the process is ongoing? Her visa does expire in the next 5 months.

Please help me out.

[Waiting2Bunited 0]

Anyone yet? I think the child would have to stay behind until that is resolve right? And then has a year to come over once dad approves?

[Gary and Alla 3,696]

Hello everyone, I am a new member referred to this forum by a friend.

This is the situation we currently face before I file a K1 Petition.

She currently has a child out of wedlock, but unfortunately she allow him to recognize the child by giving it his last name. Mom does have a tourist visa but unfortunately the child cannot travel with her because he won't authorize it.

What are your recommendations on the steps to take not only with the child but also because she does have a tourist visa in which she can come and be with me while the process is ongoing? Her visa does expire in the next 5 months.

Please help me out.

If the permission of the other parent is required, then yes, the child will not be issued a K-2 visa. Or allowed to leave the country without it. This is not just a US consulate requirement, it is the law of that country. In most countries this is the case if the father is listed on the birth certificate. We had a similar situation and handled it the old fashioned way...bribery. We paid off the father for his approval. A financial incentive is often the fastest and easiest way. In our case, his main concern was that his ex-wife and children were "getting something" out of this, he should too. So, OK. The alternatives would be to get a court ruling of sole custody (in our case) which would mean hiring an attorney and I would rather give money to a deadbeat dad. I rank them two clicks higher than attorneys, plus they are cheaper and results are gauranteed.

Make sure the letter states that the relocation is permanent (will be required for the consulate) that it is specifically for the United States of America (relocation to) and for future reference add in there that he also approves of unlimited visits to the home country and return to the USA, then you never have to speak to him again. We did not do this, but so far it has not been a problem, but it was a concern for a while. Other countries may require either a blanket statement or even a new letter every time you leave the country (this is not a consulate requirement, but customs of that country)

[Waiting2Bunited 0]

How about the second part of my question? If I file the package and she comes to visit for a few months using her tourist visa, would that be against her?

[Gary and Alla 3,696]

How about the second part of my question? If I file the package and she comes to visit for a few months using her tourist visa, would that be against her?

Sorry. Not sure by what you mean "against her" Would it affect issuance of her K-1 visa? No. Not at all.

Be sure when she comes she brings plenty of evidence that she will return. Being the beneficiary of a K-1 petition is a waving red flag that this person MAY not go home. Best thing to have is a letter from an employer stating she is expected to return to work on XXXXX date. Also any evidence of property ownership, income, bank accounts etc. Usually fiancees are allowed to visit, but there are case where they are turned back at the POE for concern they will immigrate illegally.

The daughter, normally, will not be able to leave the country, temporarily or otherwise, without permission of the father.

[Waiting2Bunited 0]

She works for her parents company, she can provide all of those financial requirements that she would go back. She has had her tourist visa since she was a kid. She just wants to be with me and go back once her package is received at the embassy.

We are just trying to make sure it wouldn't be against her to wait out the process here instead of her country.

Edited May 2, 2009 by Waiting2Bunited

[rebeccajo 14]

She works for her parents company, so she can provide all of those financial requirements that she would go back. She has had her visa tourist visa since she was a kid. She just wants to be with me and go back once her package is received at the embassy.

We are just trying to make sure it wouldn't be against her to wait out the process here instead of her country.

Nothing wrong with that at all.

Whether it be for a tourist visa or a K2, the child will need permission from the birth father for exit from their country. Best advice is to check with the American consulate in your SO's country to discover the proof they will require.

[pushbrk 14,567]

Hello everyone, I am a new member referred to this forum by a friend.

This is the situation we currently face before I file a K1 Petition.

She currently has a child out of wedlock, but unfortunately she allow him to recognize the child by giving it his last name. Mom does have a tourist visa but unfortunately the child cannot travel with her because he won't authorize it.

What are your recommendations on the steps to take not only with the child but also because she does have a tourist visa in which she can come and be with me while the process is ongoing? Her visa does expire in the next 5 months.

Please help me out.

She'll need to negotiate a solution with the father or the child is not coming to the USA.

[Badgerella 5]

She works for her parents company, she can provide all of those financial requirements that she would go back. She has had her tourist visa since she was a kid. She just wants to be with me and go back once her package is received at the embassy.

We are just trying to make sure it wouldn't be against her to wait out the process here instead of her country.

The fact that she is leaving her child behind (to visit you in the US) could and likely would be used as a tie to her home country. In this case, the younger the child, the better. However, no one can tell whether or not any of the proof will be enough. It's up to the CO to decide.

Using her valid visitor visa wouldn't be used against her, for sure. It doesn't matter at all, for that mattter. Even B2 denials don't (as long as the reason isn't something illegal the person does).