Doing the K1 with children....HELP

[MADDEN 40]

Would love to hear from anyone who has done the k1 fiancé visa interview who has children from a previous relationship.

Were you asked to supply either a soul custody court order or an affidavit from other parent permitting you to take your child out of your country to the USA?

I'm finding it really hard to find any information on this so any help would fantastic and much appreciated.

[Pitaya 2,576]

Good question. There are numerous threads about this exact subject.

In our own case that I have mentioned numerous times before, my then fiancee asked for and obtained a notarized statement from her ex-husband authorizing the immigration of their son (K2) to America with his mother (K1). She was the custodial parent of their son. In China, we had to have this statement put in a Notarial Certificate (White Book) format (that is specific to China). The US consulate readily accepted this document in processing the son's K2 visa. It is highly unlikely that the US government would want to get involved in an international child custody battle.

Good luck on your immigration journey.

[aaron2020 11,651]

Hi,

You will need either the other parent's consent allowing the children to immigrate or a court order.

[MADDEN 40]

Good question. There are numerous threads about this exact subject.

In our own case that I have mentioned numerous times before, my then fiancee asked for and obtained a notarized statement from her ex-husband authorizing the immigration of their son (K2) to America with his mother (K1). She was the custodial parent of their son. In China, we had to have this statement put in a Notarial Certificate (White Book) format (that is specific to China). The US consulate readily accepted this document in processing the son's K2 visa. It is highly unlikely that the US government would want to get involved in an international child custody battle.

Good luck on your immigration journey.

Looked through the threads but was needing something more country specific as there seems to be conflicting advice depending on where you live and what the embassy accepts.

[Pitaya 2,576]

OIC. If you want country-specific advice, I will be glad to move your thread to the specific regional forum.

Good luck on your immigration journey.

~Moved from K1 process to Australia/NZ Regional Forum~

~Inquirer wants country-specific responses~

[MADDEN 40]

OIC. If you want country-specific advice, I will be glad to move your thread to the specific regional forum.

Good luck on your immigration journey.

~Moved from K1 process to Australia/NZ Regional Forum~

~Inquirer wants country-specific responses~

Thanks for the help, much appreciated.

[Ozgirl1981 78]

Yes. I completed to K1 visa with 3 x K2 visas. The consulate does require written permission from childrens father that he agrees the children can reside overseas. I myself had full custody of the children and a clause stating that I could remove the children from Australia (not in those words thou). I had to produce an original, court stamped order to the Sydney consulate. If you have any further questions, feel free to pm me.

Good luck

[MADDEN 40]

Yes. I completed to K1 visa with 3 x K2 visas. The consulate does require written permission from childrens father that he agrees the children can reside overseas. I myself had full custody of the children and a clause stating that I could remove the children from Australia (not in those words thou). I had to produce an original, court stamped order to the Sydney consulate. If you have any further questions, feel free to pm me.

Good luck

thanks for the reply... my issue was that my child was born in the UK (we returned to Australia 5 years ago) but her father lives in the UK, he has never lived here, I saw a lawyer and she suggested sending him an affidavit and getting his signature witnessed, does that sound like the best solution?

[Qutyrach 1]

This is the info in package 3 that i received in july this year.

8) CHILD CUSTODY (if applicable) For dependents under 18 years old whose parents are not married, evidence that the applicant parent has: - full custody of the child; or - permission from the relevant court authority for the child to immigrate to the United States; or​ - a notarized statutory declaration from the other parent stating that s/he consents for the child to immigrate and live indefinitely in the United States, including a copy of the other parent’s photo identification; or - death certificate of the other parent.  Original and one copy

[MADDEN 40]

This is the info in package 3 that i received in july this year.

8) CHILD CUSTODY (if applicable) For dependents under 18 years old whose parents are not married, evidence that the applicant parent has: - full custody of the child; or - permission from the relevant court authority for the child to immigrate to the United States; or​ - a notarized statutory declaration from the other parent stating that s/he consents for the child to immigrate and live indefinitely in the United States, including a copy of the other parent’s photo identification; or - death certificate of the other parent.  Original and one copy

thank you, thank you, thank you, exactly what I was looking for.