K-2 Visa Non-Custodial Parent's Notification / Consent

[Ontarkie 13,960]

My fiancee lives in Canada. We are bringing her children with her to the US. The divorce papers state she has custody and the father does not. He does have "access with reasonable notice". I'm not a lawyer, never been married, so I'm not to familiar with divorce and child custody issues. Do we need to notify the father and/or obtain his written consent before the visa interviews? Is it required by the US embassy or Canada family law?

I'm also interested in reading about any Canadian K-2 visa experiences/posts.

[Buttons 0]

Because access is stated in the divorce papers you will need consent by the other parent. I went to court for this and just brought document with me to the interview for the visa. You will need it and they will ask.

[shann76 0]

i am going thru this now, the nvc waited until they should have been booking my interview to let me know. u will need a notorized letter from the non custodial parent saying they give permission for the child to immigrate to the u.s.

[Amanda-Lise 0]

Yep, you will need a notarized consent letter from the father. They will ask to see it.

[Ontarkie 13,960]

Court looks like the way we will be going there is no way he will right a letter, what kind of information do the courts need to grant permission ive been told different things from friends but would like to here from someone who has done it already

Edited February 9, 2007 by Ontarkie

[wally 0]

this is something that I wrote in response from another thread. I should like to add that I have sole custody and originally, in our settlement, their father granted permission which was endorsed by a judge. A couple months later, the courts allowed him to petition 'a change of heart' and we were held back until the court determined that there was not a legal course (I cannot remember the terminology) in which my ex-husband could reverse the original settlement.

I'm from Ontario and my kids received their CR2's. At our interview in Montreal, the permission was specifically dealt with.

"I've done that battle.

Get yourself a consultation with a family lawyer that has proven experience dealing with this issue and be prepared for the long haul if the children's father will not give permission.

My husband is the USC and I immigrated with my children. It was a year long battle and cost me $11,000 and I represented myself for about half the court appearances. Some of those costs include continual consultation with my lawyer. Near the end, I retained her again, when the protocol and linguistics became way too much for me to comprehend.

Some things that will be considered:

length of your relationship with the mother

length of your relationship/communication with the children

age of the children

the community the children will potentially be moving to vs. the community they are leaving behind

the household they will potentially be moving to vs. the household they presently reside in

amount and type of access visits with the father

etc. etc.

if there is a remote possibility the kid's father may grant permission, open up communication with some compromises... there's some advantage if the mother is the primary caregiver and the decision-maker for the children's welfare and the fact that the access visits are minimal.

my unsolicited advice?--get married to demonstrate the seriousness of your relationship and review the benefits of residing from both sides of the border."

[Danette 0]

Ontarkie,

I sent you a PM regarding this topic.

Thanks

Danette

[lynamon 0]

I thought that I would share this with all of you who are dealing with the same issue ... I'm highly upset because when my divorce order was signed back in May my ex-husband had no problem with my taking my son to the states ... since then he has lapsed on his child support payment and FRO is after him. Now he is laughing at me because he knows that I need this letter ... unbelievable!!!!!!!!!!

Yes a notarized letter of consent from the father is necessary.

Thank you.

--------------------------------------------------------------------------------

From: Lynette [mailto:lynamon@yahoo.com]

Sent: Monday, February 26, 2007 4:09 PM

To: Montreal, IV

Subject: Re: MTL

SECOND REQUEST

I sent the following email on February 15, 2007 and am awaiting a reply:

Dear Sir/Madam:

Regarding my son listed on the Fiance Visa Application whom I intend to bring with me to the United States .

My court order reads "The Applicant shall continue to have a final order of custody for the child and the Respondent shall be entitled to reasonable access on reasonable notice. There will be no restrictions on where the child's permanent residence is located."

Applicant being myself and Respondent being my sons father.

Is this sufficient or will I require a notarized letter from my sons father acknowledging consent to bringing him to the United States ?

Thanking you in advance,

Lynette

[Ontarkie 13,960]

Lynette, I tried to send you a pm but it looks like I missed hitting the send button

Are you saying that even with your court order stating there is no restriction on place of residence that you must provide a notarized letter with the father's consent at the visa interview?

[lynamon 0]

That appears to be the case ... I was sure that I wouldn't need anything but my court order (it was drawn up with the knowledge that I would be moving to the States) and Montreal went threw that one out the window

Lynette, I tried to send you a pm but it looks like I missed hitting the send button

Are you saying that even with your court order stating there is no restriction on place of residence that you must provide a notarized letter with the father's consent at the visa interview?

[Ontarkie 13,960]

That's BS. What are they thinking at the consulate?

When did you find out about this?

We are expecting to be in the situation after the judge okays the amendments to the divorce decree. We requested that it be amended to state that there is no restriction on permanent residence because of the "reasonable access clause". It doesn't make sense for the consulate to do that to you. Have you tried writing a letter to them and including a copy of your papers?

[Buttons 0]

I just used my court order. I had no letter from the father and Montreal was okay with it.

[Chiroman 0]

Had both - a seperation agreement with full details staing the custody deal, etc and a letter from him. They said they did need this and it was great to have it all layed out in legal doc's good luck. I got them here and now they still have no greencard, I do- and I am still waiting on theirs,

[TRKCKL11 0]

OMG I hope i'm not in trouble with this also my divorce states i have sole custody of the children and that he has reasonable access to them as we may agree, so there is no set visitation, plus my big problem is he no longer lives in winnipeg i have no address or telephone number for him, he hasn't seen or talked to the kids in over 2 years, am i going to be refused our visas my interview is on weds

[lynamon 0]

I just used my court order. I had no letter from the father and Montreal was okay with it.

If you don't mind sharing .. what did your court order read exactly ... did it specifically state anything regarding immigration?