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glassgow22

K1/K2 visa and parental consent???

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Hey guys, I'm a longtime lurker and first time poster.

I'm posting this now because we are in a bit of a tricky situation and could use some advise. I am the US sponsor and my fiancee and I are in the process of applying for the K1 visa in Mexico. We have received our NOA2 and are eligible to make an interview for her K1 visa now. The issue is that she has two children but has never been married and we are applying for K2 visas for her children. The father of the children has gone back and forth on the issue, some days saying he will sign a letter to allow the children to immigrate, and other days he has refused. Most recently, he made a death threat (with a gun) on my fiancee.

My fiancee called the cops, but by the time they were able to search him, they couldn't find the gun any more and were unable to arrest him. My fiancee pressed charges nevertheless for making death threats.

Obviously, we are going to get a lawyer, but I'm wondering what the best way is to proceed. Should we still try to get him to sign the papers, using threats if necessary (pay back of child support for instance?)? Or does she have legal recourse to try to immigrate to the US without parental consent given that he made death threats and a history of domestic abuse (documented in police reports)?

They were never married, but his name is on the birth certificates. He has never paid any child support.

Thanks in advance for any advise!

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What is the legal custody status of the children?


“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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