K2 waiver from other biological parent

[single4now 8]

My Fiance and 9 year old daughter have their interview in two months in Cambodia. I intend to attend the interview process as we have a 2 month old baby and to give credence to our relationship. Since the K2 visa issuance is quite common, I want to know the process. Basically, will my Fiance be asked to get a letter or have the other spouse come in and notarized that he allows his daughter to move to the US. The issue here is that my fiance nor her daughter have any contact with him for the last 5 years. When my Fiance got her divorce he told the judge he wants 100% of the property and that my Fiance can have the child. He didn't want to split the property nor pay child support. Even thought the divorce papers say in an ambiguous language about the divorce and custody, I am not sure if the consulate will consider that things are a little different in Cambodia. My Fiance's daughter and I are very close. I feel it for her as she is the innocent party here. She has being calling me daddy for the last 1 1/2 years. Now that she has a little sister whom she adores, she is even closer to me as I want her to feel that we are a family of 4.

I know for a fact, once her ex knows about the impending movement to the US, he will play dirty and try to stall the whole procedure by refusing to do anything. I may have to pay him, which I am willing to do if only I know what I am coming against at the interview.

Can someone please tell me their experience at the consulate interview, where a K2 was involved. I know it's different for every country.

Thanks so much

[Pitaya 2,577]

~Moved from K1 Process to Asia: East & Pacific Regional Forum~

~At this stage of the process instructions/requirements are often embassy-specific~

(mod hat off)

Suggest that you be sure to get a notarized letter from the child's biological father allowing the child to immigrate to the US. It is unlikely that the US government will get involved in an international custody battle, and may just simply reject the visa application without such a letter from the other parent.

My wife obtained such a letter from her ex-husband, included it with her (K1) and her son's (K2) successful visa applications at the Guangzhou consulate.

Good luck on your immigration journey.

[single4now 8]

Thanks AKA.

[single4now 8]

in my Fiance's final divorce papers, the following are the comments by the Judge:

"According to the examination of possibility of the parties who has ability to take custody of the child, the appeal court finds that the petitioner (mother) has more ability; moreover, the said child was who has lived with the mother since she was born; therefore, the custody of her shall be granted to the petitioner, the mother, to bring her up, which would be better than granting her to the father."

The father hasn't made any contact with the child for the last 5 years nor has he supported monetarily. He only wanted the property which, my Fiance gave him 100%. My Fiance moved to a women's shelter due to the physical abuse and they helped her with her divorce, which he is still bitter about. His excuse for the physical abuse was that this is normal in Cambodia. The judge at the court house laughed at him and told him he wasn't a man. Which has made him even more bitter. For us to get a consent letter would be almost impossible, for one he is already married and has a child and would not care. I don't mind offering him money for his trouble of signing, but my fiance thinks he will want to make life difficult for her.

Any ideas if the above wording on the custody will make the USC okay with the K2 application? My Fiance and I have a 2 month old baby together and this separation we have right now is difficult for the two of us. Facetime helps a lot but holding my daughter in my arms is priceless.

I know the whole interview process is in the hands and minds of the CO. The way he/she interprets the divorce document is the way it will go. I might be able to argue the points, however I am no lawyer and that also might get the CO upset.

Thanks and good luck to you all.

[aaron2020 11,651]

Hi,

Custody is one thing. Moving a child out of the country is another.

The US Embassy will need either the father's permission or a court order allowing the child to immigrate.

The US is part of the Hague Convention on international parental kidnappings. The US will not issue a visa to a child where there is no permission or local law allowing the custodial parent to permanently move the child out of the home country.

The US does not care about the details such as the father not seeing or supporting the child. Those are local issues and have nothing to do with immigration.

[single4now 8]

My Fiance and her lawyer were able to convince her ex to notarize a letter saying that their daughter could move to the US. He wanted money but my Fiance said no, it is up to him if he wants his daughter to study in the US and have a good life or study in a village, my fiance was calling his bluff. I gave him $50 though for his time. We were willing to give him much much more . One condition he had though was he wanted to see his daughter which he has had no contact for 5 years and I really felt bad for the daughter as the man was a total stranger to her. Her two uncles accompanied the mother so there was family support for the 10 minutes of meeting her ex.