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Danny70

Interview is coming up soon in Bangkok, K2 follow to join?

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My Fiance is having her interview in Bangkok of 7 February.  She has a 8 year old daughter that is included in the I-129f and the Ds-160 as follow to join later. My Fiance and I have talked about it when and how her daughter will come to the States after we're married. My Fiance doesn't have the Parental Consent form filled out and signed off yet. Her daughters Bio-Dad has never spent or talked to her in her 8 years. And he's not on the Birth Certificate either. Our plan is for her daughter to come to the States 1 year after my Fiance and I get married. Obviously the K2 Follow to Join would be null and voided by then. 

 

How important is it for my Fiance to get her daughter's Bio-Dad to sign the Parental Consent to move to the States? Will it hurt my Fiance's K1 Visa approval if she doesn't have it? 

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13 minutes ago, Danny70 said:

Our plan is for her daughter to come to the States 1 year after my Fiance and I get married.

Then the best option is for you to file an I-130 petition for the child right after you marry in the US in order to start the IR-2 process.

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11 minutes ago, accumbyte said:

Then the best option is for you to file an I-130 petition for the child right after you marry in the US in order to start the IR-2 process.

Yes, this is our plan. 

 

My concern is "If she doesn't have the Parental Consent at her Interview on 7 February; could it cause us some issues?"

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57 minutes ago, Danny70 said:

Our plan is for her daughter to come to the States 1 year after my Fiance and I get married. Obviously the K2 Follow to Join would be null and voided by then. 

Maybe or maybe not. The K-2 FTJ option exists for up to 1 year from the date the K-1 visa is issued. After that 1 year period, then a new petition (an I-130) would be needed.


Timelines:

Spoiler

AOS (I-485 + I-131 + I-765):

9/25/17: sent forms to Chicago

9/27/17: received by USCIS

10/4/17: NOA1 electronic notification received

10/10/17: NOA1 hard copy received. Social Security card being issued in married name (3rd attempt!)

10/14/17: Biometrics appointment notice received

10/25/17: Biometrics

1/2/18: EAD + AP approved (no website update)

1/5/18: EAD + AP mailed

1/8/18: EAD + AP approval notice hardcopies received

1/10/18: EAD + AP received

9/5/18: Interview scheduled notice

10/17/18: Interview

10/24/18: Green card produced notice

10/25/18: Formal approval

10/31/18: Green card received

 

K-1:

Spoiler

I-129F

12/1/17: sent

12/14/17: NOA1 hard copy received

3/10/17: RFE (IMB verification)

3/22/17: RFE response received

3/24/17: Approved!

3/30/17: NOA2 hard copy received

 

NVC

4/6/2017: Received

4/12/2017: Sent to Riyadh embassy

4/16/2017: Case received at Riyadh embassy

4/21/2017: Request case transfer to Manila, approved 4/24/2017

 

K-1

5/1/2017: Case received by Manila (1 week embassy transfer??? Lucky~)

7/13/2017: Interview: APPROVED!!!

7/19/2017: Visa in hand

8/15/2017: POE

 

 

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If their dad is not on the birth certificate, I don't think you would need a consent from him. It doesn't make sense to me, unless he asked for the custody in court with a dna test or something like that. If not, it would be a letter from someone that's not their "legal" parent. How would they know that's the real father?

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1 hour ago, Ayrton said:

If their dad is not on the birth certificate, I don't think you would need a consent from him. It doesn't make sense to me, unless he asked for the custody in court with a dna test or something like that. If not, it would be a letter from someone that's not their "legal" parent. How would they know that's the real father?

Depends on local laws.

For instance, with the Philippines, an illegitimate child's mother has full rights and nothing from the father is needed.

In other countries,  they may establish a legal relationship even without being on the birth certificate. This can even be if they are not the biological parent but either believed they were the one and/or acted as the biological parent.

 

The specifics with Thailand for what is required would determine if anything is required. I agree that it seems unlikely since he's both not on the BC and has been out of the picture basically her entire life.

Edited by geowrian

Timelines:

Spoiler

AOS (I-485 + I-131 + I-765):

9/25/17: sent forms to Chicago

9/27/17: received by USCIS

10/4/17: NOA1 electronic notification received

10/10/17: NOA1 hard copy received. Social Security card being issued in married name (3rd attempt!)

10/14/17: Biometrics appointment notice received

10/25/17: Biometrics

1/2/18: EAD + AP approved (no website update)

1/5/18: EAD + AP mailed

1/8/18: EAD + AP approval notice hardcopies received

1/10/18: EAD + AP received

9/5/18: Interview scheduled notice

10/17/18: Interview

10/24/18: Green card produced notice

10/25/18: Formal approval

10/31/18: Green card received

 

K-1:

Spoiler

I-129F

12/1/17: sent

12/14/17: NOA1 hard copy received

3/10/17: RFE (IMB verification)

3/22/17: RFE response received

3/24/17: Approved!

3/30/17: NOA2 hard copy received

 

NVC

4/6/2017: Received

4/12/2017: Sent to Riyadh embassy

4/16/2017: Case received at Riyadh embassy

4/21/2017: Request case transfer to Manila, approved 4/24/2017

 

K-1

5/1/2017: Case received by Manila (1 week embassy transfer??? Lucky~)

7/13/2017: Interview: APPROVED!!!

7/19/2017: Visa in hand

8/15/2017: POE

 

 

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1 hour ago, Danny70 said:

My Fiance is having her interview in Bangkok of 7 February.  She has a 8 year old daughter that is included in the I-129f and the Ds-160 as follow to join later. My Fiance and I have talked about it when and how her daughter will come to the States after we're married. My Fiance doesn't have the Parental Consent form filled out and signed off yet. Her daughters Bio-Dad has never spent or talked to her in her 8 years. And he's not on the Birth Certificate either. Our plan is for her daughter to come to the States 1 year after my Fiance and I get married. Obviously the K2 Follow to Join would be null and voided by then. 

 

How important is it for my Fiance to get her daughter's Bio-Dad to sign the Parental Consent to move to the States? Will it hurt my Fiance's K1 Visa approval if she doesn't have it? 

This is not an answer to your questions, but just wanted to say I wish you both good luck from a fellow Bangkok K1 petitioner. 

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1 minute ago, geowrian said:

Depends on local laws.

For instance, with the Philippines, an illegitimate child's mother has full rights and nothing from the father is needed.

In other countries,  they may establish a legla relationship even without being on the birth certificate. This can even be if they are not the biological parent but either believed they were the one and/or acted as the biological parent.

 

The specifics with Thailand for what is required would determine if anything is required. I agree that it seems unlikely since they he's both not on the BC and has been out of the picture basically her entire life.

Okay. I see. Here in Brazil you don't need anything from the missing parent, since they don't "exist".

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On 1/21/2019 at 6:33 AM, Danny70 said:

My Fiance is having her interview in Bangkok of 7 February.  She has a 8 year old daughter that is included in the I-129f and the Ds-160 as follow to join later. My Fiance and I have talked about it when and how her daughter will come to the States after we're married. My Fiance doesn't have the Parental Consent form filled out and signed off yet. Her daughters Bio-Dad has never spent or talked to her in her 8 years. And he's not on the Birth Certificate either. Our plan is for her daughter to come to the States 1 year after my Fiance and I get married. Obviously the K2 Follow to Join would be null and voided by then. 

 

How important is it for my Fiance to get her daughter's Bio-Dad to sign the Parental Consent to move to the States? Will it hurt my Fiance's K1 Visa approval if she doesn't have it? 

Hi, did you find out what to do? 

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