children listed on k-1

[Eric_Jew Nug 2]

Hi there everyone.

Glad to say my fiance and I got a major step under way today!!! I am so excited yet very nervous.

Question though.

My fiance has a daughter. We listed her on the K-1 petition. But he does not have legal custody of her as of yet. So our plan is to get him here and then work on the legal steps that we need to take, so she can come and live with us here in VA. Has anyone been down this road before? Can anyone offer any advise?

Thank you in advance for all of your thoughts.

[JimVaPhuong 4,863]

Hi there everyone.

Glad to say my fiance and I got a major step under way today!!! I am so excited yet very nervous.

Question though.

My fiance has a daughter. We listed her on the K-1 petition. But he does not have legal custody of her as of yet. So our plan is to get him here and then work on the legal steps that we need to take, so she can come and live with us here in VA. Has anyone been down this road before? Can anyone offer any advise?

Thank you in advance for all of your thoughts.

As long as she's listed on the I-129F then he has the option of getting a K2 visa for her. He can get a K2 visa for his daughter up to a year after he gets his K1 visa. If he doesn't get the legalities resolved within a year, then he'll have to petition for her as an F2A once he gets the legal stuff worked out. F2A's are currently taking about 4 years.

There are two things you're going to need in order for your fiance's daughter to immigrate to the US. First, you're going to need a notarized "quit claim" from her mother, giving her permission for her daughter to move permanently to the US. Second, you're going to need whatever documents are required by the government of Jamaica to allow the girl to leave the country. It's possible you may be able to satisfy both of these requirements without your fiance actually getting legal custody of his daughter. You're going to have to consult with a lawyer in Jamaica on the second requirement.

Gary has been through the K2 "follow to join" process, so he'll probably have some useful information to contribute.

[My4rmylife 0]

you may want to ask this question in the yardie thread .. a few yardies have filed for stepchildren

[Gary and Alla 3,694]

Hi there everyone.

Glad to say my fiance and I got a major step under way today!!! I am so excited yet very nervous.

Question though.

My fiance has a daughter. We listed her on the K-1 petition. But he does not have legal custody of her as of yet. So our plan is to get him here and then work on the legal steps that we need to take, so she can come and live with us here in VA. Has anyone been down this road before? Can anyone offer any advise?

Thank you in advance for all of your thoughts.

Before they will issue her a K-2 visa, you will need a notarized letter of permission from the mother with a copy of the mother's passport photo and signature page, OR he will have to have sole custidy and transport privileges ordered by a court. As Jim mentioned, you can get a K-2 up to one year after the K-1 is issued, so you have that much time to work these things out. After that you have to file a regular application for a family member and that can take years to get a visa number

The K-2 to follow process is very easy, just schedule a visa appointment when you are ready using your same NVC case number and present the same documents you would at a regular visa interview. It was rather painless for us, other than getting all the documents in order, but that is the same either way.

Edited September 1, 2009 by Gary and Alla

[Eric_Jew Nug 2]

Now should we have included her information (i.e. birth certifiate and passport photos) in the packet we sent up as well or is their a second process we will have to go through later? I have been thinking about that, if we made a mistake or not by not submitting with the original packet. But I hope you all have some good answers for me.

Before they will issue her a K-2 visa, you will need a notarized letter of permission from the mother with a copy of the mother's passport photo and signature page, OR he will have to have sole custidy and transport privileges ordered by a court. As Jim mentioned, you can get a K-2 up to one year after the K-1 is issued, so you have that much time to work these things out. After that you have to file a regular application for a family member and that can take years to get a visa number

The K-2 to follow process is very easy, just schedule a visa appointment when you are ready using your same NVC case number and present the same documents you would at a regular visa interview. It was rather painless for us, other than getting all the documents in order, but that is the same either way.

[sus 70]

Other things to think about - Was he married to the mother at the time of her birth? If not, is he listed on the birth certificate? Even if he is, be prepared to have to take a DNA test if they weren't married - it is fairly standard for JA

[Gary and Alla 3,694]

Now should we have included her information (i.e. birth certifiate and passport photos) in the packet we sent up as well or is their a second process we will have to go through later? I have been thinking about that, if we made a mistake or not by not submitting with the original packet. But I hope you all have some good answers for me.

Before they will issue her a K-2 visa, you will need a notarized letter of permission from the mother with a copy of the mother's passport photo and signature page, OR he will have to have sole custidy and transport privileges ordered by a court. As Jim mentioned, you can get a K-2 up to one year after the K-1 is issued, so you have that much time to work these things out. After that you have to file a regular application for a family member and that can take years to get a visa number

The K-2 to follow process is very easy, just schedule a visa appointment when you are ready using your same NVC case number and present the same documents you would at a regular visa interview. It was rather painless for us, other than getting all the documents in order, but that is the same either way.

I answered your PM but just to be clear...no, her information is not needed for the K-1 except to list her name where it asks for the names of ALL children. The next step will come at the visa interview where she will also apply for a visa. She WILL NOT, absolutely and positively WILL NOT get a visa unless the other parent gives express consent for the father to relocate her permanently to the US, as I mentioned above. This is something you need to address NOW.

[strega 1]

Now should we have included her information (i.e. birth certifiate and passport photos) in the packet we sent up as well or is their a second process we will have to go through later? I have been thinking about that, if we made a mistake or not by not submitting with the original packet. But I hope you all have some good answers for me.

Before they will issue her a K-2 visa, you will need a notarized letter of permission from the mother with a copy of the mother's passport photo and signature page, OR he will have to have sole custidy and transport privileges ordered by a court. As Jim mentioned, you can get a K-2 up to one year after the K-1 is issued, so you have that much time to work these things out. After that you have to file a regular application for a family member and that can take years to get a visa number

The K-2 to follow process is very easy, just schedule a visa appointment when you are ready using your same NVC case number and present the same documents you would at a regular visa interview. It was rather painless for us, other than getting all the documents in order, but that is the same either way.

I answered your PM but just to be clear...no, her information is not needed for the K-1 except to list her name where it asks for the names of ALL children. The next step will come at the visa interview where she will also apply for a visa. She WILL NOT, absolutely and positively WILL NOT get a visa unless the other parent gives express consent for the father to relocate her permanently to the US, as I mentioned above. This is something you need to address NOW.

hi, i am in the same boat, we have our noa2 approved and all documents ready for the embassy (napoli italy) my fiance has a son that is 7 years old, that has lived with my fiance and fiances family since 6months age, the mother did not want him , they were never married, we did get the mother to sign a consent for the child to come to america and live permantly with the father,she does not have a passport only an ID, her signature was notarizied......we have not faxed the ds230 forms yet to the embassy because we thought we needed some kind of document from the court as approval or custody to take to the embassy in addition to the letter of consent of the mother..this is the only thing holding us up as the courts in italy have not even answered yet and we dont know how long it will take.

my question is ,,do we only need that letter of consent from the mother to get the k2?? and also , what kind of problems would we run into without a document from the court giving my fiance custody in america?? does anyone know??

thank you so much

[JimVaPhuong 4,863]

Now should we have included her information (i.e. birth certifiate and passport photos) in the packet we sent up as well or is their a second process we will have to go through later? I have been thinking about that, if we made a mistake or not by not submitting with the original packet. But I hope you all have some good answers for me.

Before they will issue her a K-2 visa, you will need a notarized letter of permission from the mother with a copy of the mother's passport photo and signature page, OR he will have to have sole custidy and transport privileges ordered by a court. As Jim mentioned, you can get a K-2 up to one year after the K-1 is issued, so you have that much time to work these things out. After that you have to file a regular application for a family member and that can take years to get a visa number

The K-2 to follow process is very easy, just schedule a visa appointment when you are ready using your same NVC case number and present the same documents you would at a regular visa interview. It was rather painless for us, other than getting all the documents in order, but that is the same either way.

I answered your PM but just to be clear...no, her information is not needed for the K-1 except to list her name where it asks for the names of ALL children. The next step will come at the visa interview where she will also apply for a visa. She WILL NOT, absolutely and positively WILL NOT get a visa unless the other parent gives express consent for the father to relocate her permanently to the US, as I mentioned above. This is something you need to address NOW.

hi, i am in the same boat, we have our noa2 approved and all documents ready for the embassy (napoli italy) my fiance has a son that is 7 years old, that has lived with my fiance and fiances family since 6months age, the mother did not want him , they were never married, we did get the mother to sign a consent for the child to come to america and live permantly with the father,she does not have a passport only an ID, her signature was notarizied......we have not faxed the ds230 forms yet to the embassy because we thought we needed some kind of document from the court as approval or custody to take to the embassy in addition to the letter of consent of the mother..this is the only thing holding us up as the courts in italy have not even answered yet and we dont know how long it will take.

my question is ,,do we only need that letter of consent from the mother to get the k2?? and also , what kind of problems would we run into without a document from the court giving my fiance custody in america?? does anyone know??

thank you so much

The lack of a custody document from an Italian court isn't a problem for the K2 visa. You just need the quit claim letter, and you can get a K2 and the child can enter the US. The question is whether a custody document is needed in order to take the child out of Italy. This is a matter for Italian law to determine.

[Gary and Alla 3,694]

Now should we have included her information (i.e. birth certifiate and passport photos) in the packet we sent up as well or is their a second process we will have to go through later? I have been thinking about that, if we made a mistake or not by not submitting with the original packet. But I hope you all have some good answers for me.

Before they will issue her a K-2 visa, you will need a notarized letter of permission from the mother with a copy of the mother's passport photo and signature page, OR he will have to have sole custidy and transport privileges ordered by a court. As Jim mentioned, you can get a K-2 up to one year after the K-1 is issued, so you have that much time to work these things out. After that you have to file a regular application for a family member and that can take years to get a visa number

The K-2 to follow process is very easy, just schedule a visa appointment when you are ready using your same NVC case number and present the same documents you would at a regular visa interview. It was rather painless for us, other than getting all the documents in order, but that is the same either way.

I answered your PM but just to be clear...no, her information is not needed for the K-1 except to list her name where it asks for the names of ALL children. The next step will come at the visa interview where she will also apply for a visa. She WILL NOT, absolutely and positively WILL NOT get a visa unless the other parent gives express consent for the father to relocate her permanently to the US, as I mentioned above. This is something you need to address NOW.

hi, i am in the same boat, we have our noa2 approved and all documents ready for the embassy (napoli italy) my fiance has a son that is 7 years old, that has lived with my fiance and fiances family since 6months age, the mother did not want him , they were never married, we did get the mother to sign a consent for the child to come to america and live permantly with the father,she does not have a passport only an ID, her signature was notarizied......we have not faxed the ds230 forms yet to the embassy because we thought we needed some kind of document from the court as approval or custody to take to the embassy in addition to the letter of consent of the mother..this is the only thing holding us up as the courts in italy have not even answered yet and we dont know how long it will take.

my question is ,,do we only need that letter of consent from the mother to get the k2?? and also , what kind of problems would we run into without a document from the court giving my fiance custody in america?? does anyone know??

thank you so much

The lack of a custody document from an Italian court isn't a problem for the K2 visa. You just need the quit claim letter, and you can get a K2 and the child can enter the US. The question is whether a custody document is needed in order to take the child out of Italy. This is a matter for Italian law to determine.

Jim, and OP

I addressed this question with the US consulate in Kiev, regarding bascially the same issue. I was concerned that we would get the K-1/K-2 then head out of the country and get stopped and asked for who knows what else, some obscure Ukrainian law required. I was assured such is not the case. I was assured the consulate worked closed with Ukrainian authorities and that if Ukrainian law would require any such thing, we would be required to obtain it before visa sissuance and present it at the interview. As it turned out, we WERE asked for the "quit claim" letter when leaving the country and no other questions were asked.

I would presume that the Italian consulate similarly cooperates with the Italian government (and I bet it is much easier than cooperating with Ukrainians) and has the same policy. The OP can write the Italian consulate and ask.

Also, we went through quite a procedure to get firm answers on another topic also. That of how long the letter is valid for. While I couldn't get any definitive, written, clear answer, the consensus seemed to be (From US and Ukrainian agencies of various descriptions) that IF the letter states PERMANENT relocation, the letter is valid permanently. Makes sense, but wanted to be sure before we went back for this summer's vacation. When we left this year my wife and son showed their passports and green cards and they never asked for the letter this time.

The valid photo ID you have should be acceptable if the mother has no passport and if the signature is notarized. Since the mother is not there for the interview, they just need to be satisfied (cover their @ss) that the letter is genuine.

[strega 1]

Now should we have included her information (i.e. birth certifiate and passport photos) in the packet we sent up as well or is their a second process we will have to go through later? I have been thinking about that, if we made a mistake or not by not submitting with the original packet. But I hope you all have some good answers for me.

Before they will issue her a K-2 visa, you will need a notarized letter of permission from the mother with a copy of the mother's passport photo and signature page, OR he will have to have sole custidy and transport privileges ordered by a court. As Jim mentioned, you can get a K-2 up to one year after the K-1 is issued, so you have that much time to work these things out. After that you have to file a regular application for a family member and that can take years to get a visa number

The K-2 to follow process is very easy, just schedule a visa appointment when you are ready using your same NVC case number and present the same documents you would at a regular visa interview. It was rather painless for us, other than getting all the documents in order, but that is the same either way.

I answered your PM but just to be clear...no, her information is not needed for the K-1 except to list her name where it asks for the names of ALL children. The next step will come at the visa interview where she will also apply for a visa. She WILL NOT, absolutely and positively WILL NOT get a visa unless the other parent gives express consent for the father to relocate her permanently to the US, as I mentioned above. This is something you need to address NOW.

hi, i am in the same boat, we have our noa2 approved and all documents ready for the embassy (napoli italy) my fiance has a son that is 7 years old, that has lived with my fiance and fiances family since 6months age, the mother did not want him , they were never married, we did get the mother to sign a consent for the child to come to america and live permantly with the father,she does not have a passport only an ID, her signature was notarizied......we have not faxed the ds230 forms yet to the embassy because we thought we needed some kind of document from the court as approval or custody to take to the embassy in addition to the letter of consent of the mother..this is the only thing holding us up as the courts in italy have not even answered yet and we dont know how long it will take.

my question is ,,do we only need that letter of consent from the mother to get the k2?? and also , what kind of problems would we run into without a document from the court giving my fiance custody in america?? does anyone know??

thank you so much

The lack of a custody document from an Italian court isn't a problem for the K2 visa. You just need the quit claim letter, and you can get a K2 and the child can enter the US. The question is whether a custody document is needed in order to take the child out of Italy. This is a matter for Italian law to determine.

THANKS, but i dont think they require it as that his son just came to the US for a 2 week vacation with his dad with no problem.....he does have his own passport.

[strega 1]

Now should we have included her information (i.e. birth certifiate and passport photos) in the packet we sent up as well or is their a second process we will have to go through later? I have been thinking about that, if we made a mistake or not by not submitting with the original packet. But I hope you all have some good answers for me.

Before they will issue her a K-2 visa, you will need a notarized letter of permission from the mother with a copy of the mother's passport photo and signature page, OR he will have to have sole custidy and transport privileges ordered by a court. As Jim mentioned, you can get a K-2 up to one year after the K-1 is issued, so you have that much time to work these things out. After that you have to file a regular application for a family member and that can take years to get a visa number

The K-2 to follow process is very easy, just schedule a visa appointment when you are ready using your same NVC case number and present the same documents you would at a regular visa interview. It was rather painless for us, other than getting all the documents in order, but that is the same either way.

I answered your PM but just to be clear...no, her information is not needed for the K-1 except to list her name where it asks for the names of ALL children. The next step will come at the visa interview where she will also apply for a visa. She WILL NOT, absolutely and positively WILL NOT get a visa unless the other parent gives express consent for the father to relocate her permanently to the US, as I mentioned above. This is something you need to address NOW.

hi, i am in the same boat, we have our noa2 approved and all documents ready for the embassy (napoli italy) my fiance has a son that is 7 years old, that has lived with my fiance and fiances family since 6months age, the mother did not want him , they were never married, we did get the mother to sign a consent for the child to come to america and live permantly with the father,she does not have a passport only an ID, her signature was notarizied......we have not faxed the ds230 forms yet to the embassy because we thought we needed some kind of document from the court as approval or custody to take to the embassy in addition to the letter of consent of the mother..this is the only thing holding us up as the courts in italy have not even answered yet and we dont know how long it will take.

my question is ,,do we only need that letter of consent from the mother to get the k2?? and also , what kind of problems would we run into without a document from the court giving my fiance custody in america?? does anyone know??

thank you so much

The lack of a custody document from an Italian court isn't a problem for the K2 visa. You just need the quit claim letter, and you can get a K2 and the child can enter the US. The question is whether a custody document is needed in order to take the child out of Italy. This is a matter for Italian law to determine.

Jim, and OP

I addressed this question with the US consulate in Kiev, regarding bascially the same issue. I was concerned that we would get the K-1/K-2 then head out of the country and get stopped and asked for who knows what else, some obscure Ukrainian law required. I was assured such is not the case. I was assured the consulate worked closed with Ukrainian authorities and that if Ukrainian law would require any such thing, we would be required to obtain it before visa sissuance and present it at the interview. As it turned out, we WERE asked for the "quit claim" letter when leaving the country and no other questions were asked.

I would presume that the Italian consulate similarly cooperates with the Italian government (and I bet it is much easier than cooperating with Ukrainians) and has the same policy. The OP can write the Italian consulate and ask.

Also, we went through quite a procedure to get firm answers on another topic also. That of how long the letter is valid for. While I couldn't get any definitive, written, clear answer, the consensus seemed to be (From US and Ukrainian agencies of various descriptions) that IF the letter states PERMANENT relocation, the letter is valid permanently. Makes sense, but wanted to be sure before we went back for this summer's vacation. When we left this year my wife and son showed their passports and green cards and they never asked for the letter this time.

The valid photo ID you have should be acceptable if the mother has no passport and if the signature is notarized. Since the mother is not there for the interview, they just need to be satisfied (cover their @ss) that the letter is genuine.

thank you so much,,,i think i will fax the ds 230 form now and get the appointment,,,seems to me that everyone says all you need is a "quit form"" that we do have..i did make the "quit form myself and in it was the mothers and fathers name and address, passport and id info and numbers and also the childs info...the letter states that the mother authorizes the dad to take custody of the child and take him to the US to immigrate with him permanantly and also to travel back and forth to italy as needed. also it states that the dad can make all medical and education decisions without her. does that cover everything?? what did you use?? is it a special form or mine is OK?

i just was wondering if i will need the custody document for any reason when he is here in america , if so, then i better wait to get it, after they get here it will be harder to deal with to get it i think