Is this marriage feasible?

[nebodihome 0]

Yea, I dont get the sense he feels that is needed.. My sense is, he thinks the father would be willing to give up parental rights if he could.. Its actually a bit confusing...

But in our case, all we went after was permission..

There is no legal agreement, but just a promise from us that we would be willing to travel back once or twice a year to make it possible for the daughter to spend her summers with the father...

But we never considered trying to get fathers rights terminated... That was simply not something we would've ever succeeded with..

I dont beleive it's something anyone (at least in Colombia) could get away with.. The courts typically dont consider this.. however, some Colombian men, given the oppuritunity would give up thier rights if they could.. But I get the sense, this is a very small percentage...

I understand completely that I do not need to adopt the child for her to travel, I only started thinking about adoption because it would make it far easier for the child to travel across borders in the future and would fit my situation. Okay, now I have further questions:

1. You say you "went after permission", what is this permission like? Does it state that the child can leave Colombia and travel to a specific country, or is it possible to get some kind of broader agreement where it says, "child may leave Colombia and follow the mother to whichever country she visits" ? Because I also agree that it would be far easier to simply get this kind of permission from him, the only problem is that if I was in Rwanda and we wanted to take a trip to South Africa, we would have to get an attorney to seek out the father and get him to sign permission papers?

2. You say you promised visitation without any legal requirement to do so. So it is possible for the father to permit the child to exit the country and to also agree to give up his visitation rights?

3. Is it at all possible for a company to sponsor a fiance rather than a wife?

4. Just to say: I figured out a way how she could get into Rwanda easily: Fly to Argentina--> Fly to South Africa --> Fly to Rwanda. This is really cool, because her and her daughter don't need visas for Argentina, don't need a transit visa for South Africa, and Rwanda doesn't require any "proof of funds" to enter. This can be an option if we choose to hold off our marriage, and she can visit me with her daughter (if father permit) for 6 months at a time). I think this is a good "middle option".

[JimVaPhuong 4,863]

I think the father will cooperate. There will be a lot of pressure on him to "do the right thing," from his family, my fiance's family, and from his friends. There could also be a money incentive, etc.

With regards to what I was trying to say earlier: The only way the judge takes away his legal title as father, even if he cooperates 100%, is if the judge knows there is another person (me) ready to step in. In other words, the father can cooperate 100% all he wants, but the judge is not going to allow a father to just relinquish his legal connection to his daughter unless there is a good reason to do so (me stepping in, for example).

He doesn't have to relinquish his parental rights. He just has to give his irrevocable permission for his daughter to emigrate. There's no reason you should have to get a judge involved in this. I don't know the specific laws in Colombia, but in most countries they just want to make sure that the non-custodial parent isn't going to accuse the emigrating parent of international child abduction. A "quit claim" letter from the father is sufficient for this. In fact, it's accepted by pretty all US consulates as sufficient proof that the child can emigrate without risking an accusation of abduction.

Again, don't allow him to attach conditions to this that your wife would have to satisfy in the future, such as returning her daughter to Colombia for visitation. The only condition she should be willing to agree to is to waive her right to sue for child support, but that's your ace-in-the-hole. Don't play that card unless you need it. Same with monetary compensation. Start negotiating by offering nothing.

[nebodihome 0]

If we could get legal document from the father saying that the daughter can leave Colombia and enter any country with her mother, or with her mother's permission, then obviously I would need to adopt. But is that type of document possible?

Another question I have: Even if we married, if my company wants to book her flight through the US or Europe, she would need a transit funds. I know she does not have sufficient proof of funds, but even if she is married and going to live with someone who has sufficient funds, she would get denied a transit visa? What if I put money into her bank? In general, I don't get it... Many women stay at home and don't work, how do they ever travel? (I actually want my fiance to work when she has the opportunity, but that's a different story)

[pushbrk 12,248]

If we could get legal document from the father saying that the daughter can leave Colombia and enter any country with her mother, or with her mother's permission, then obviously I would need to adopt. But is that type of document possible?

Another question I have: Even if we married, if my company wants to book her flight through the US or Europe, she would need a transit funds. I know she does not have sufficient proof of funds, but even if she is married and going to live with someone who has sufficient funds, she would get denied a transit visa? What if I put money into her bank? In general, I don't get it... Many women stay at home and don't work, how do they ever travel? (I actually want my fiance to work when she has the opportunity, but that's a different story)

No, you would NOT need to adopt. How two Colombians travel to other countries besides the USA is outside my expertise and not immigration related. However, since there is no immediate intention to immigrate to the USA, the permission letter would need to address the mother's intention to leave Colombia permanently with the child rather than to specifically address immigration to the USA.

[kennym 275]

No, you would NOT need to adopt. How two Colombians travel to other countries besides the USA is outside my expertise and not immigration related. However, since there is no immediate intention to immigrate to the USA, the permission letter would need to address the mother's intention to leave Colombia permanently with the child rather than to specifically address immigration to the USA.

What about when the child leaves any other country with the mom... Are the same questions going to be asked by the local Immigration.. It doesnt seem to be an issue in the USA, because the only checks are by the airlines ensuring you have a passport, but other coutries have Immigration checking documents...

If we could get legal document from the father saying that the daughter can leave Colombia and enter any country with her mother, or with her mother's permission, then obviously I would need to adopt. But is that type of document possible?

Another question I have: Even if we married, if my company wants to book her flight through the US or Europe, she would need a transit funds. I know she does not have sufficient proof of funds, but even if she is married and going to live with someone who has sufficient funds, she would get denied a transit visa? What if I put money into her bank? In general, I don't get it... Many women stay at home and don't work, how do they ever travel? (I actually want my fiance to work when she has the opportunity, but that's a different story)

If she is traveling through certain countries with Colombian Documents, she may need some sort of a transit visa...

Edited October 18, 2011 by kennym

[pushbrk 12,248]

What about when the child leaves any other country with the mom... Are the same questions going to be asked by the local Immigration.. It doesnt seem to be an issue in the USA, because the only checks are by the airlines ensuring you have a passport, but other coutries have Immigration checking documents...

A document giving one parent the permission to travel internationally, on a permanent basis will be sufficient for any international travel. Sure, a line indicating full permission for all international travel on a permanent basis would be good. Primarily, it should satisfy the Colombian authorities with regard to exit.

[Ready to do it 101]

Colombia has some extremely strict laws regarding one parent taking their child out of the country. He needs a highly qualified Colombian attorney. Asking questions here and getting answers here is really speculative. At the end of the day, the father either gives the permission or he doesn't. Child support is a non-issue. The father holds all the cards, act accordingly and be very nice because you want him to do something for you. If you screw it up and he takes a machista attitude that kid will never leave the country of Colombia.

Edited October 20, 2011 by Ready to do it

[GringoD 33]

Ready to do it..... gives wise advise, I think.

[kennym 275]

Colombia has some extremely strict laws regarding one parent taking their child out of the country. He needs a highly qualified Colombian attorney. Asking questions here and getting answers here is really speculative. At the end of the day, the father either gives the permission or he doesn't. Child support is a non-issue. The father holds all the cards, act accordingly and be very nice because you want him to do something for you. If you screw it up and he takes a machista attitude that kid will never leave the country of Colombia.

Edited October 20, 2011 by kennym

[nebodihome 0]

Thank you for your help, everybody. My fiance is in the process of setting up a consultation with a family law attorney. She continues to insist that he will say yes without getting any money, because he doesn't come around much, will be pressured by his family, still probably will want what is best for his daughter, is in another relationship, and she thinks he also has a younger boy with someone else. I trust her sense, and she is well aware of his macho ways.

My new worry is that according to Colombian law, the child can receive permission to travel for 90 days, or permission to emigrate permanently... Which makes me wonder what the solution will be if the daughter plans to live in Africa for two years, then come back and start the process of emigrating to the US. I almost think that will be an impossible route for us to pursue because how can the daughter go to Rwanda for two years but not seek to emigrate at that time? Maybe adoption becomes a good option again... Thank God for family law attorneys, but meanwhile will take any other advice

[pushbrk 12,248]

Thank you for your help, everybody. My fiance is in the process of setting up a consultation with a family law attorney. She continues to insist that he will say yes without getting any money, because he doesn't come around much, will be pressured by his family, still probably will want what is best for his daughter, is in another relationship, and she thinks he also has a younger boy with someone else. I trust her sense, and she is well aware of his macho ways.

My new worry is that according to Colombian law, the child can receive permission to travel for 90 days, or permission to emigrate permanently... Which makes me wonder what the solution will be if the daughter plans to live in Africa for two years, then come back and start the process of emigrating to the US. I almost think that will be an impossible route for us to pursue because how can the daughter go to Rwanda for two years but not seek to emigrate at that time? Maybe adoption becomes a good option again... Thank God for family law attorneys, but meanwhile will take any other advice

As advised earlier. While in Rwanda, begin the US immigration process about a year before you desire to begin living together in the USA. Leave going back to Colombia out of the plan.

Edited October 20, 2011 by pushbrk

[nebodihome 0]

1. Am I allowed to begging the process of emigrating my spouse from Colombia into the US, even though I will not be in the US at the time nor she in Colombia?

2. How can her daughter get permission to live in Rwanda on an emigrant permission from her father since she is not emigrating there? And then, how can she not return to Colombia if her permission from her father to travel abroad can only be valid for 90 days?

[pushbrk 12,248]

1. Am I allowed to begging the process of emigrating my spouse from Colombia into the US, even though I will not be in the US at the time nor she in Colombia?

2. How can her daughter get permission to live in Rwanda on an emigrant permission from her father since she is not emigrating there? And then, how can she not return to Colombia if her permission from her father to travel abroad can only be valid for 90 days?

Yes, to your first question. Questions about how Colombians arrange to live in Rwanda are beyond the scope of discussion here. Visa Journey is about immigration to the USA.

[nebodihome 0]

Thank you for your answer to my first question. On your second point, I consider my second question within the scope of this discussion since it is a part of the emigration process for my fiance, her daughter, and myself, given that our approach will change depending on the answer to the second question. All the more, people here are likely to be knowledgeable about my second question.

[pushbrk 12,248]

Thank you for your answer to my first question. On your second point, I consider my second question within the scope of this discussion since it is a part of the emigration process for my fiance, her daughter, and myself, given that our approach will change depending on the answer to the second question. All the more, people here are likely to be knowledgeable about my second question.

Seriously, you need Rwanda specific information. I advise you to seek it from Rwanda specific sources.