Child on K1 application

[ChrisMag 0]

VJers,

I listed my fiancés 9 yr. old son on our K1 application.

What documentation does my fiancé need from his ex-wife to bring their child to the US to live with him? She currently has full custody. Is a letter stating she (the mother) grants permission for the father to have full custody and to take the child to the United State to live with him enough documentation? Of course he would have her notarize the letter. Will this type of letter be enough for the embassy to approve his son to come with him to the US? Also, does the K1 application need to be mentioned on the letter? Thanks!

[sdfghjk 0]

From what ive looked up for my own son you have to have sole custody(since his ex wife has it he will have to go to court to fight for custody unless she is willing to give him full custody right away) and when that is done you need the court papers (or letter) stating that he has sole custody and that there are no visitations from his ex-wife.

as for k1 being written on the letter im not sure. I think that her writting that he will be receiving full custody of (childs name) and that he has permission to bring the child to the us for permanent residency is enough.

[ChrisMag 0]

Thanks for your response. Please clarify the part about no visitation. Do you mean no visitation as in she cannot come visit her son in the US?

[sdfghjk 0]

What i mean is that the child does not have to travel to visit the other parent. If the mother wants to do the traveling to come visit im sure she can under a tourist visa ..

personally the father of my child wont behaving any visitation rights and its specified on court papers so i dont exactly know how that would work if hes still on good terms with his ex-wife and she wishes to see her kid

[Ontarkie 13,915]

Depending on the laws there is what you need your consent letter and custody papers to say. You do not have to mark down that she has no visitation or that she will be doing the traveling only. You don't have to get crazy with it. All mine said was I have custody and he had reasonable access with reasonable notice. Who pays for what and who did the traveling was left to us. If both parents get along then that might be all you need. But you will have to find out how their country works out the details.

[sanfran2418 1]

For our situation..the father was a dead beat that didn't claim his paternal rights. So my wife did not include him on the birth certificate. All her papers did not mention the father and no approval was needed from him. We did the same when we filed for AOS.

[pushbrk 12,106]

VJers,

I listed my fiancés 9 yr. old son on our K1 application.

What documentation does my fiancé need from his ex-wife to bring their child to the US to live with him? She currently has full custody. Is a letter stating she (the mother) grants permission for the father to have full custody and to take the child to the United State to live with him enough documentation? Of course he would have her notarize the letter. Will this type of letter be enough for the embassy to approve his son to come with him to the US? Also, does the K1 application need to be mentioned on the letter? Thanks!

You need a Bahamas specific answer for custody but the child will need their own visa application. You would have included the child's name on the I-129F petition for your fiancee but a petition is not an application for anything.

[Sorine & Jim 1]

Sorine and I did the same;

"For our situation..the father was a dead beat that didn't claim his paternal rights"

Sorine did not include him on the birth certificate.

All our papers we have filed for our K1 did not mention the father.

At our interview last week I don't even remember anyone asking anything about her son... I think the key here is that the birth cert states NONE for the father...

Jim

[ChrisMag 0]

Thanks for all your responses.

[pushbrk 12,106]

Sorine and I did the same;

"For our situation..the father was a dead beat that didn't claim his paternal rights"

Sorine did not include him on the birth certificate.

All our papers we have filed for our K1 did not mention the father.

At our interview last week I don't even remember anyone asking anything about her son... I think the key here is that the birth cert states NONE for the father...

Jim

All children have fathers, whether their name is on the birth certificate or not. In the "visa application" process, particularly when the DS230 or DS157 are used, the visa applicant (Children apply for their own visa using visa applications.) is asked for their parents' full names and on the DS230 even more. Unless the father is truly unknown (such as in the case of the mother being a prostitute) the father's name will need to be disclosed and the local laws will need to be complied with regarding taking children out of their country of residence.

So, know your own circumstances and the specific requirements of your country. For some countries, (China for one) full court ordered custody is sufficient. For the Philippines, if the parents weren't married when the child was born, the father has no rights. Get a country specific and circumstance specific answer well in advance of the interview or filing any "visa applications".

Again, petitions are not visa applications.

[payxibka 10,044]

All children have fathers, whether their name is on the birth certificate or not. In the "visa application" process, particularly when the DS230 or DS157 are used, the visa applicant (Children apply for their own visa using visa applications.) is asked for their parents' full names and on the DS230 even more. Unless the father is truly unknown (such as in the case of the mother being a prostitute) the father's name will need to be disclosed and the local laws will need to be complied with regarding taking children out of their country of residence.

I disagree... if the father's name is blank on the birth certificate then the father is "legally" unnamed\unknown... Why put a name on the DS-156? What purpose could it possible serve other than to make the visa petition/application process uneededly more complicated. The applicant could put Santa Claus.

[pushbrk 12,106]

I disagree... if the father's name is blank on the birth certificate then the father is "legally" unnamed\unknown... Why put a name on the DS-156? What purpose could it possible serve other than to make the visa petition/application process uneededly more complicated. The applicant could put Santa Claus.

There is no question on any form that asks what name appears on the birth certificate as the father. The questions simply ask the name or name + of the father. Unless the name is actually unknown, to answer "unknown" would be a lie. Never lie on an immigration form. Listing "unknown" for the father of the child of an immigrating fiancee or wife would raise the issue of prostitution. Trust me on this, really. It is quite rare for a non-prostitute to be unaware of the name of her child's father. There are other exceptions, like rape or just promiscuity but you get the picture.

[payxibka 10,044]

There is no question on any form that asks what name appears on the birth certificate as the father. The questions simply ask the name or name + of the father. Unless the name is actually unknown, to answer "unknown" would be a lie. Never lie on an immigration form. Listing "unknown" for the father of the child of an immigrating fiancee or wife would raise the issue of prostitution. Trust me on this, really. It is quite rare for a non-prostitute to be unaware of the name of her child's father. There are other exceptions, like rape or just promiscuity but you get the picture.

I still disagree and would never suggest to anyone what you are proposing. PERIOD. Your suggestion could require someone to seek permission from the this alleged "father" for the child to immigrate. A totally unnecessary potential complication that can be avoided.