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colombianmainer

father will not sign a permission for child to leave country letter

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my fiance is in colombia...our 129f is aproved and its at the embassy in bogota.. before we started the whole process we talked to her sons father about what we were doing and he signed a noterized letter of permission for his son to permanitly live in the united states with his mother and me... we were jus about to set the med exam date and she asked the father again if he was ok with him going and now he said no.. i believe in colombia for her son to be able to leave the airport they need to see a recent dated letter from his father for permission to leave.. but now we cant get that... but we do have a noterized signed by him permission for his son to perminitly live in the usa with me and his mother but it is dated from december 2014...... i dont know what our options are now.. i dont know if the letter that says he can permanitly come will help us with anything anywhere all i know is we are at a stop now and the 129f will expire in november

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I guess if once he gave the permission to immigrate and live in another country, it doesn't get expired. I asked about it at the notary where we signed the father's consent. He said once it is signed, it doesn't get expired. Although, he added if the US embassy requires an updated version, you can come again and sign a new one. But according to my country's law it doesn't get expired. It would be nuts to go and sign every time a new one, every year? I believe you do every year the consent that allows to take a child for holidays to another country. But this is a different thing. If the child's father gave permission for the mother to permanently take the child for the permanent residence, doesn't it imply that the child can leave and go back and forth. The consent is given. We can speculate forever here, I think you need to ask the border police in your country. I am still at the step two with our visa application and I am going to send the one I have, that also dated 2014. If they require an updated version, then I will have to get a new one. But my guess is they should not


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Even if they accept that letter, he doesn't agree to it now. Colombian custody laws trump that of U.S. laws and unless noted by the court he has as much right to custody as she. She cannot take the child without consent. That being said there is a letter and you have it notarized, I cannot find anything that states the length concerning the validity of it.

I hope this can be worked out between them before too long...

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Is there any kind of relationship between this father and his son, certainly a divorce was involved, is there joint or full custody of this child? And what about the boy's feelings toward his father?

We ran into the same situation, even though my wife had full custody of her daughter, still needed his permission for her to leave the country, also needed this document for the USCIS, and also a letter from him with the exact date and flight number so she could board the plane.

First and foremost, his daughter didn't want anything to do with him, was an alcoholic and a wife beater, and at first approach, wanted $10,000.00 from us to sign that court document. She was deathly afraid of him and he was already seven years in arrears for child support payments with another five years to go before she reached that magic age of 18.

And as kind of a bluff on my wife to be part, he did not want to take his daughter back. She verbally agreed not to enforce back child support payments, could not be done legally, he finally signed the document. But all this nonsense added another 8 months before I could bring them here.

A lot depends on the circumstances, if this wasn't bad enough, her passport shortly expired after she came here, consulate insisted on a very short form that he had to sign it first, that he refused to do, but yet complained that his daughter couldn't come to visit him. Really was dealing with a first class nut. Wife and stepdaughter was frightened to death of him. So it was up to me to deal with him, but he finally gave up after a couple of years.

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they were never married but the father is recognized on the birth certificate so thats auomaticly joint custody in colombia. he doesnt pay child suport. he sees his son once in a while. the son wants to be with his mother and me and live here in the US. i have a great relationship with her son. we told the father what we were planning on doing before we filled the 129f got him to sign the letter.. but now that he sees that we got approved hes refusing to sign a recent one.

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***** Two identical threads in other forums removed. Please only post once on an issue/question. ******


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Me: Irish/ Swiss citizen, and now naturalised US citizen. Husband: USC; twin babies born Feb 08 in Ireland and a daughter in Feb 2010 in Arkansas who are all joint Irish/ USC. Did DCF (IR1) in 6 weeks via the Dublin, Ireland embassy and now living in Arkansas.

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I guess if once he gave the permission to immigrate and live in another country, it doesn't get expired. I asked about it at the notary where we signed the father's consent. He said once it is signed, it doesn't get expired. Although, he added if the US embassy requires an updated version, you can come again and sign a new one. But according to my country's law it doesn't get expired. It would be nuts to go and sign every time a new one, every year? I believe you do every year the consent that allows to take a child for holidays to another country. But this is a different thing. If the child's father gave permission for the mother to permanently take the child for the permanent residence, doesn't it imply that the child can leave and go back and forth. The consent is given. We can speculate forever here, I think you need to ask the border police in your country. I am still at the step two with our visa application and I am going to send the one I have, that also dated 2014. If they require an updated version, then I will have to get a new one. But my guess is they should not

Expiration has nothing to do with this.

The father's permission is not irrevocable. He is free to change his mind at any time.

Since the father's current intention is clear, it would be stupid to use the prior permission since the document is in the possession of the OP and his fiancee and the father has given them notice that he revoked his permission for the son to immigrate.

Just do it and use the prior permission opens the OP and his fiancee up to charges of international parental kidnapping.

People are free to change their minds about their kids immigrating.

Edited by aaron2020

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Hi Colombiamainer,

You need either the father's permission or a court order allowing the child to immigrate.

Do not use the prior letter since the father had told you that he revoked his permission for his son to immigrate. Do not expose yourself to criminal charges of international parental kidnapping by using the revoked permission.

Best of luck.

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Expiration has nothing to do with this.

The father's permission is not irrevocable. He is free to change his mind at any time.

Since the father's current intention is clear, it would be stupid to use the prior permission since the document is in the possession of the OP and his fiancee and the father has given them notice that he revoked his permission for the son to immigrate.

Just do it and use the prior permission opens the OP and his fiancee up to charges of international parental kidnapping.

People are free to change their minds about their kids immigrating.

That makes sense. I thought the permission to immigrate was irrevocable


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That makes sense. I thought the permission to immigrate was irrevocable

That was something my lawyer was worried about. So when my ex signed the permission to move the kids. My lawyer took it to the judge to make it a court order. Took 10 mins for her to find a judge and have him sign it. That way he couldn't change his mind without taking me to court. She said she didn't trust just a letter.

Edited by Ontarkie

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Wife to be didn't want anything to do with her ex, had to hire a good notary as they call those attorneys down there that dealt with her ex. As their courts are very slow, they sure love US dollars. All I could do was to send bank transfers to their Miami bank accounts. Ha, called this an expedient fee. For both the judge and the notary, they have a very tactful was of proposing this.

They took care of the rest and wife to be received the court order, come to think of it, they also gave the permission for her daughter to leave the country with another court order.

Kidnapping? Kid can't even leave the country without that documentation, and if they do sneak across the border would be in deep trouble here with the USCIS. I had to file an I-130 for her with copies of all that documentation, then show the originals at our interview.

In regards to the ex, was his choice, either sign and fingerprint that court document or come up with seven years of back child support payments, nobody twisted his arm.

In your case since this couple was never married, really don't know the answer to this, but this is what they have a notary for.

Ha, when we learned my wife needed a Colombian passport to enter Colombia, her ID was expired. Her mom had all the original documentation, but we were told we had to hire a notary first to get a copy of that document from their court house. If his fee wasn't stiff enough, said if we slipped five one hundred dollar bills under the table, she could get her ID that day. We said no, but she did finally receive her ID about a year later. This is how Colombia works.

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