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Do I need approval from bio father if I have sole custody?

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Filed: Citizen (apr) Country: Colombia
Timeline

I don't know what country the OP is from but in Colombia the DAS (The Administrative Department of Security) will not let a minor leave the country without the missing parent's permission. This document has to be recent, signed and notarized or they won't even let the child into the gate at the airport. It doesn't matter if the parent never took responsibility of the child or if he has never seen him or visited him.

Diana

CR-1

02/05/07 - I-130 sent to NSC

05/03/07 - NOA2

05/10/07 - NVC receives petition, case # assigned

08/08/07 - Case Complete

09/27/07 - Interview, visa granted

10/02/07 - POE

11/16/07 - Received green card and Welcome to America letter in the mail

Removing Conditions

07/06/09 - I-751 sent to CSC

08/14/09 - Biometrics

09/27/09 - Approved

10/01/09 - Received 10 year green card

U.S. Citizenship

03/30/11 - N-400 sent via Priority Mail w/ delivery confirmation

05/12/11 - Biometrics

07/20/11 - Interview - passed

07/20/11 - Oath ceremony - same day as interview

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You will be fine. My Stepson's BC has his father listed but in the Philippines if a child is born out of wedlock then the father has NO LEGAL PARENTAL RIGHTS.

Just follow the links in my signature for the documentation that you should provide if requested. We provided it to the NVC.

Ok. Thanks Bob. So, I guess all the Consular Officers in US Embassy Manila are aware of this law, right? That means I won't have to worry about being asked about having the sole custody when it's time for her interview. Thanks again.

September 2007-- Met Online (FilipinaHeart.com)
March 12,2009-- Married at Quezon City Hall of Justice
USCIS/NVC STAGE
May 8,2009-- I-130 Sent
August 17,2009-- I-130 Approved
August 26, 2009--case received at NVC
November 5,2009--CASE COMPLETED
USEM MANILA STAGE/ U.S. SOIL
November 17-18,2009--Medical PASSED
December 10, 2009--Interview @ 8:30AM A-P-P-R-O-V-E-D
January 25, 2010--FLIGHT(Manila-Japan-Detroit,MI-Buffalo,NY)
February 22,2010-- 2-yr GREEN CARD received
February 26, 2010--SSN received
REMOVING of CONDITIONS
December 22, 2011-- I-751 mailed
February 28, 2012-- Biometrics done

October 10, 2012-- 10-yr GREEN CARD received
NATURALIZATION
January 09, 2013-- sent N-400
January 28, 2013-- Biometrics

May 22, 2013-- Interview Passed- Officially a US Citizen!

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Filed: Timeline

I can only tell you what happened in my own case. I know your situation is not similar, But somebody elses might be.

UK Embassy. My Ex has not seen his Son for 16 years. He did apply to the Courts for access, but after a long drawn out court case, he was denied years ago.

Due to our safety, i decided not to approach my Ex for his consent.

He is named on the Birth Certificate. At the interview,the Consular Officer explained about the child abduction fears. I explained our past and present situation. Asked for no proof.

The Consular Officer, got me to sign an affidavit infront of her, saying that i know of no court cases of him seeking access at this time etc. I signed, passed the form back to her and she signed. That was the end of it.

For cases going through the Uk Embassy. I would advise not approaching an Ex if they have been violent in the past. Dont be a Hero, let the Embassy hear your situation and let them decide the next best step to take.

I did telephone the Embassy beforehand and spoke to them at my interview. I think they handled our case with the minimum of fuss and stress, for all concerned.

Edited by Twinkles

I-129F Sent : 2009-10-19

I-129F NOA1 : 2009-10-30

I-129F NOA2 : 2010-01-20

Packet 3 Received : 2010-02-17

Packet 3 Sent : 2010-05-20

Packet 4 Received : 2010-06-23

Booked into Norman Bates Hotel: 2010-07-29

Medical : 2010-07-29 (4 letters issued >.<)

Interview Date : 2010-07-30 (pending medical results)

Email from Embassy: 2010-10-22 They confirm they have medical results, we are under final review.

Courier website : 2010-11-2 shows packet enroute for delivery. 1st indication of final approval! Or is it??! argh the suspense!

Visa Delivered <3 : 2010-11-3 K1 Visa packet delivered by courier! *cup of tea to celebrate*

US Entry (Dulles) : 2011-2-27 Hot Tomales time <3

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  • 3 years later...
Filed: IR-1/CR-1 Visa Country: Canada
Timeline

My ex hasn't seen my son since the day he was born, 15 (almost 16) years ago.

The CO at my interview wanted to see one of two things -

1) My custody papers that HAD to say Sole custody, no access to other parent and that he was allowed to travel outside Canada with me

OR

2) I had to have a notorized letter from my ex saying he did/would not contest my son going to the US to live.

There was no budging on this, the CO straight up told me that without one or the other, our visas would NOT be approved.

Good luck!

I'm just curious is this for children born in wedlock? Or out of wedlock. I have never been married to my eldest sons father and i have sole custody of him BUT the courts granted me child support based on the minimum income of $15,000 a year because he would never show up to court, my son has also never seen him.

USCIS 04-26-2014: Filed I-130

04-29-2014: NOA1 re-routed to CSC

05-14-2014: RFE

05-30 2014: RFE response sent

05-30-2014: RFE RESPONSE RECEIVED

06-04-2014: NOA2 I-130 Approved!

NVC

06-13-2014: Arrived at NVC

06-30-2014: Case # and IIN assigned

07-18-2014: D-261 sub mitted

07-18-2014: AOS fee invoiced

07-19-2014: AOS fee paid

07-25-2014: AOS package sent

07-28-2014 NVC received AOS

07-29-2014 NVC Scanned AOS

08-14-2014: resubmitted AOS

08-21-2014: NVC scanned AOS

09-02-2014: DS-261 reviewed and ACCEPTED! Woot!

10-03-2014: DS-260 completed

09-08-2014: IV fee invoiced

09-09-2014: IV fee paid

09-23-2014: AOS Checklist

10-08-2014: IV package scan date

10-10-2014: AOS Checklist scan date

10-23-1014: checklist scan date

12-05-2014: Case Complete

12-12-2014: Interview date scheduled

xx-xx-2014: Sent to embassy in Montreal

01-23-2015: Interview APPROVED!!

xx-xx-2014: Visa Received

xx-xx-2014: POE

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  • 2 years later...
Filed: K-1 Visa Country: France
Timeline

I have swiss court order for sole custody and i explained to embassy that bio father disappeared 10y ago and even swiss FedPol can't find him. I asked embassy, if I will face some issues to get my kid K2 or K4 visa. The embassy replied: just bring court order and this evidence from FedPol that you they can't locate mr bio father

03/18/16....I-129F mailed to Lewisville, TX

03/30/16....Delivered at Lewisville, TX

04/04/16....$340 check cashed

04/06/16....NOA1 Text & E-mail. Case sent to CSC

04/08/16....NOA1 hardcopy received by post

04/11/16....called to USCIS inform about Name typo

04/27/16....Name typo updated

06/29/16....Got RFE

07/15/16....RFE was received by USCIS

08/01/16....NOA2 approved

WAIT/CALLING TO USCIS.. WAIT/CALLING TO USCIS.. WAIT/CALLING TO USCIS.. WAIT/CALLING TO USCIS..CONTACTING USCIS SUPERVISER..CONTACTING SENATOR..

10/03/16....Case sent to NVC (THEY LOST OUR CASE AND STOLE 2.5 MONTHS OF OUR HAPPINESS. Only senator's involvement helped to sort it out.)

10/13/16....NVC assigned case number (after waiting more than average)

WAIT/CALLING TO NVC.. WAIT/CALLING TO NVC...WAIT/CALLING TO NVC...LOSING MY MIND AGAIN..

11/16/16....NVC status changed to IN TRANSIT. Yay!

11/20/16....US Embassy received file but never contacted me

11/26/16....packet 3 received by consulate (packet 3 instructions was never sent by embassy, I sent packet 3 regardless)

11/28/16....interview scheduled on 12/22/2016

12/22/16....CO refused to consider self-earned income and refused co-sponsor. Refused to take in consideration my own assets and property income and well established freelance business. Asked to show $100K++ on bank account while he knew that we have maybe only $70K cash. 

03/22/17....After several fights was interviewed in Paris. They kept my passport. Was told Administrative Processing won't take more than 2-3 weeks.

 

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