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fiance's son need a letter?

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I am including my fiance's son on the fiance visa application. Will my fiance need to get a letter of permission from the father allowing the son to move to the US from Mexico? I haven't read anything about this with all the research I've done.

Yes

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NOA1 Sent : 4-8-14

Biometrics Appt Letter Sent : 4-14-14

Biometrics Appt : 5-5-14

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Filed: Citizen (apr) Country: Ukraine
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I am including my fiance's son on the fiance visa application. Will my fiance need to get a letter of permission from the father allowing the son to move to the US from Mexico? I haven't read anything about this with all the research I've done.

You are including him in the petition. He will file for a separate K-2 visa at the time of the interview.

Each country has specific rules regarding the removal of minor children. These rules vary based on the situation. The US consulate in each country MUSt comply with the rules of each country. Is the father listed on the birth certificate? What do the divorce and custody papers stipulate?

You WILL be rewuired to show the mother has undisputed permission to remove the child from the country on her own decision OR with the permission of the father. If there is no father listed she may not need anything else, if she has sole custody with a "mobility" order in her divorce, you do not need a letter, etc. I cannot say with complete accuracy without the details of the case.

This is an important question, it should be addressed and sorted out BEFORE you file the petition. You are marrying a FAMILY. You cannot make provisions to take the mother without making the necessary provisions to take the children. You can begin this process with a clear mind unless those things are addressed first.

Check the consulate website for specific instructions, review divorce papers (if any), email the consulate with specific questions. Even if a fathjer is not listed on the birth certificate you may still need other documentation. Ukraine has an official "certificate of no father" document, for example which is needed if the father is not listed on the birth certificate.

To make a long story short, if the father is listed on the birth certificate, and no specific sole custody is included in a divorce decree...then YES you will need a letter from the father granting the mother permission to re-locate the child permanently to the USA. The letter MUST specify "USA" and MUST specify "Permanent"

VERMONT! I Reject Your Reality...and Substitute My Own!

Gary And Alla

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