Permission from other parent

[jj7000 1]

Hi,

I read that there needs to be permission form the other parent to get a k2 visa.

My question is what happens if the father can't be found , and the police doesn't know his whereabouts. He hasn't seen his child since he was 3 months and now his almost 14.

I read that court can give you some type of document. But the court where my fiance lives will not give her the document until she has the visa in her hand.

Do we need that document for the interview? Or when leaving the country?

What should we do?

[JimVaPhuong 4,864]

The consulate might accept a court document stating that the immigrating parent has sole custody. They might also accept a statement and evidence that an exhaustive effort has been made to locate the non-immigrating biological parent. Some consulates will issue a visa if the birth certificate doesn't have the father's name on it. Other consulates won't. You should direct your question to the consulate and see what they require.

Perhaps the document the court is referring to is one that will allow the child to leave the country. Many countries require evidence that the child has permission from both parents to leave the country. This has nothing to do with the visa or the consulate.

[Gary and Alla 3,694]

Hi,

I read that there needs to be permission form the other parent to get a k2 visa.

My question is what happens if the father can't be found , and the police doesn't know his whereabouts. He hasn't seen his child since he was 3 months and now his almost 14.

I read that court can give you some type of document. But the court where my fiance lives will not give her the document until she has the visa in her hand.

Do we need that document for the interview? Or when leaving the country?

What should we do?

Yes you need the permission letter/court order before the interview or the K2 cannot be issued. FYI for other VJ members. This is something to be cared about before you file the petition. DO NOT start down this road without clearing all the hurdles, if children are involved this needs to be taken care of FIRST.

A court order of sole custody will substitute but the order must include transport rights for the mother.

The permission letter needs to state clearly that the father gives permission for the mother to relocate the child PERMANENTLY to the UNITED STATES. It must be notarized and you must have a copy of the father's passport (or other government ID) photo and signature page (if other ID is used it must bear a photo and signature)

[jj7000 1]

Yes you need the permission letter/court order before the interview or the K2 cannot be issued. FYI for other VJ members. This is something to be cared about before you file the petition. DO NOT start down this road without clearing all the hurdles, if children are involved this needs to be taken care of FIRST.

A court order of sole custody will substitute but the order must include transport rights for the mother.

The permission letter needs to state clearly that the father gives permission for the mother to relocate the child PERMANENTLY to the UNITED STATES. It must be notarized and you must have a copy of the father's passport (or other government ID) photo and signature page (if other ID is used it must bear a photo and signature)

Thanks for replying. I told her today to call the court and let them know that he will not be able to receive a visa if she doesn't have that court document.

[mikelovesgracey 0]

Gracey had the same issue. In our case the court decree stating that you have sole custody was all we needed, but it's best you call to make sure so that there are no surprises later. Best of luck!

[jj7000 1]

Gracey had the same issue. In our case the court decree stating that you have sole custody was all we needed, but it's best you call to make sure so that there are no surprises later. Best of luck!

thanks for replying,

I have found out the place to start the process of getting the court document. (Bienestar Familiar) But it will take up to like 14 months or like 10 months with a local attorney in Colombia. Does anybody know what I can do to get this done faster? What will DAS accept?

Before I sent the petition my fiance told me that there was not going to be any problems getting the father to give permision. Well he commited a crime, and it was reported and now he is on the run from the police. I really do not want to have to leave her son there while we are waiting for the document.

I am still waiting on my NOA 2. I recieved my NOA 1 December 7.

[TheBears 9]

I'm not certain about what will fly with your embassy, but I can tell you the options my embassy accepts. Maybe it can give you an idea.

For the embassy in Thailand, there are three options:

-- A statement from the other parent giving permission for the child to live in the US permanently.

-- Court documentation stating that the beneficiary has the sole authority to move the child out of the country.

-- Proof that the other parent cannot be contacted

The proof in option 3 includes newspaper ads, letters sent to the other parent's last known address returned undeliverable, statements from the other parent's relatives that they do not know the other parent's whereabouts, and other things along these lines.

I know it's not exactly what you're looking for, but perhaps you can call the embassy and ask if this type of proof is acceptable. If it is, it shouldn't take 10 months to collect.

Good luck!

[jj7000 1]

I'm not certain about what will fly with your embassy, but I can tell you the options my embassy accepts. Maybe it can give you an idea.

For the embassy in Thailand, there are three options:

-- A statement from the other parent giving permission for the child to live in the US permanently.

-- Court documentation stating that the beneficiary has the sole authority to move the child out of the country.

-- Proof that the other parent cannot be contacted

The proof in option 3 includes newspaper ads, letters sent to the other parent's last known address returned undeliverable, statements from the other parent's relatives that they do not know the other parent's whereabouts, and other things along these lines.

I know it's not exactly what you're looking for, but perhaps you can call the embassy and ask if this type of proof is acceptable. If it is, it shouldn't take 10 months to collect.

Good luck!

thanks for replying , thanks for taking the time to try to help me. i am going to try everything and seek out every option available.

[pgbeau1 2]

thanks for replying , thanks for taking the time to try to help me. i am going to try everything and seek out every option available.

*****************************

Yes you need the permission letter/court order before the interview or the K2 cannot be issued. FYI for other VJ members. This is something to be cared about before you file the petition. DO NOT start down this road without clearing all the hurdles, if children are involved this needs to be taken care of FIRST.

A court order of sole custody will substitute but the order must include transport rights for the mother.

The permission letter needs to state clearly that the father gives permission for the mother to relocate the child PERMANENTLY to the UNITED STATES. It must be notarized and you must have a copy of the father's passport (or other government ID) photo and signature page (if other ID is used it must bear a photo and signature)

********************

Ok, sorry but i am STILL unclear on the technicality of these requirements, so pardon if I beat a dead horse as I am also facing this and trying to figure it out for CERTAIN:

it is STILL not clear to me about the court order and the permission letter. Are they 2 separate things that are BOTH NEEDED? Or is only ONE of them needed? And the timing of it is not clear, because someone else said the permission letter has only a 30-day validity, so obviously you can't get that until you are 30 days or less away from your scheduled flight out of the country, while you are implying you need to get it way ahead of time to be sure to have it ready to bring to the K1/K2 interview. A document that has a 30-day expiration isn't worth getting way ahead of time.

In my case, the father is on the birth certificate but they were never married, the intent is to bring the child and mother at the same time, so the K1/K2 will be addressed at the K1 interview.