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Juliet and Steve

Question about parental sign-off relating to child (Thailand)

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Please pardon my ignorance if this is covered someplace that I have yet to find.

Scenario: At the very beginning of the K-1 process. Country = Thailand

Factors:

My fiancee has a daughter who is 8 and who lives with her.

The biological father does not support the child and has only incidental contact (for instance casual contact when the child is visiting the Grandparents). Shortly after my fiancee got pregnant nine years ago the father disappeared, eventually finding a new "wife" and having two more children whom he now lives with.

The marriage was not legitimized (In Thailand it is common for a couple to co-habitate and never register the marriage.

The grandparents adore the child and are not all that happy about the possibility of having the child disappear to America, but are quite willing to care for the child during the mother's absence.

Discussion:

Thai law, unlike most other countries, grants no right to a biological father unless the marriage is registered, but the father can sue for "paternity rights" later. I'm told that Thailand is not a signor to the Hague Convention relating to Children (I don't know if this is true). The mother can take the child out of the country simply by going to the Amphur (the government agency) and filling out a form stating that the child was born out of wedlock and therefore she is sole custodian. They will grant the child a Visa based upon that.

If the above is true one might assume that the child would be no impediment in the K-1 process. But a poster here has told me that in Thailand a release from the biological father is always required and he seems quite experienced with the issue so I am assuming that the "powers that be" (who deal with allowing or not allowing the K-1 on the Thailand end) are going beyond what is normal within Thailand law and requiring such a release from the biological father, and frankly under most circumstances I can understand and appreciate that.

My fiancee wants to come to America to marry me, while leaving her child in the care of Grandparents for 1-2 years. The Grandparents who love the child dearly are quite amenable to such a scenario. The child, who is treated royally by the Grandparents is also amenable to this situation, mom has asked.

The Grandparents however have voiced displeasure at the thought of the child disappearing to America to the point (in the past) where they threatened to "take the child" and I have no doubt that if they chose to do so, they could influence the biological father to refuse to sign off.

This is a worrisome potential scenario.

Questions:

If the mother wishes to come to America and wishes to leave the child in Thailand for two years with the grandparents is the same form that the biological father must sign off required, and in the absence of getting such a form does that kill our K-1 process?

Or, if the child is not going to America can the K-1 process continue?

Thanks


09/29/2012 - Met Online

11/22/2012 - 11/28/2012 - Steve's 1st Visit

02/08/2013 - I129F Submitted

02/12/2013 - NOA1

02/13/2013 - 03/07/2013 - Steve's 2nd Visit

02/14/2013 - Officially Engaged

06/21/2013 - Case transferred from VSC to TSC

07/24/2013 - NOA2

08/21/2013 - File sent to NVC

08/28/2013 - MNL Case Number received through phone

08/30/2013 - Visa Fee Paid

09/04/2013 - Medical Exam at SLEC (Done in 1 day)

09/25/2013 - Interview Appointment (Under AP with 221G)

10/01/2013 - Additional Document dropped at 2GO SM Cebu

10/08/2013 - CEAC Status Updated to READY

10/30/2013 - CEAC Status Updated to AP

10/30/2013 - CEAC Status ISSUED

11/06/2013 - VISA Received

11/11/2013 - CFO Done

11/15/2013 - POE Detroit

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Please pardon my ignorance if this is covered someplace that I have yet to find.

Scenario: At the very beginning of the K-1 process. Country = Thailand

Factors:

My fiancee has a daughter who is 8 and who lives with her.

The biological father does not support the child and has only incidental contact (for instance casual contact when the child is visiting the Grandparents). Shortly after my fiancee got pregnant nine years ago the father disappeared, eventually finding a new "wife" and having two more children whom he now lives with.

The marriage was not legitimized (In Thailand it is common for a couple to co-habitate and never register the marriage.

The grandparents adore the child and are not all that happy about the possibility of having the child disappear to America, but are quite willing to care for the child during the mother's absence.

Discussion:

Thai law, unlike most other countries, grants no right to a biological father unless the marriage is registered, but the father can sue for "paternity rights" later. I'm told that Thailand is not a signor to the Hague Convention relating to Children (I don't know if this is true). The mother can take the child out of the country simply by going to the Amphur (the government agency) and filling out a form stating that the child was born out of wedlock and therefore she is sole custodian. They will grant the child a Visa based upon that.

If the above is true one might assume that the child would be no impediment in the K-1 process. But a poster here has told me that in Thailand a release from the biological father is always required and he seems quite experienced with the issue so I am assuming that the "powers that be" (who deal with allowing or not allowing the K-1 on the Thailand end) are going beyond what is normal within Thailand law and requiring such a release from the biological father, and frankly under most circumstances I can understand and appreciate that.

My fiancee wants to come to America to marry me, while leaving her child in the care of Grandparents for 1-2 years. The Grandparents who love the child dearly are quite amenable to such a scenario. The child, who is treated royally by the Grandparents is also amenable to this situation, mom has asked.

The Grandparents however have voiced displeasure at the thought of the child disappearing to America to the point (in the past) where they threatened to "take the child" and I have no doubt that if they chose to do so, they could influence the biological father to refuse to sign off.

This is a worrisome potential scenario.

Questions:

If the mother wishes to come to America and wishes to leave the child in Thailand for two years with the grandparents is the same form that the biological father must sign off required, and in the absence of getting such a form does that kill our K-1 process?

Or, if the child is not going to America can the K-1 process continue?

Thanks

The father doesnt have anything at all to do with K1 process. The mother can leave the child as she wishes without reporting her decision to any agency.

"The powers to be" or embassies views on what is required to take a child out of Thailand are clear & present. The embassy is well aware of the laws of Thailand but as an embassy apply the rules to protect the child.

The letter from the Ampur is no longer accepted as enough proof of the position & decision of the father. In recent cases the embassy demanded, required a letter signed by the father or they prefer the presence of the father at the embassy to be interviewed. The embassy will give you a copy of the letter format. If it is followed they will reject it. They neglect to say that it must be translated to Thai, signed by the father in front a Thai notary. He should also sign the English version.

Leaving the child in Thailand is part of life there. Some Thais do it because they & their family members arent sure of the new life in America. The child becomes insurance & assurance of a way out. There are many pros & cons to this.

Leaving the child assures you the USC of a long & difficult journey to join your new family as an American based family. The longer the child is left the more difficult & expensive getting a visa for them will be. A friend elected to leave one child. She is into her second year of finding a way to get the father to sign. She & her husband leave for Thailand soon to again attempt to bring the child back. It is very difficult for her to live without one of her 3 kids.

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