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IsabelleFredrick

Need experience details k1 with kids

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How did the process from NOA2 to post interview go, with kids going with you?

Do you book one interview for yourself  and just bring them with? Do you tell them they're coming with you when you book interview?

How does getting consent work in a divorce situation - what docs are required at the interview? I only know of consent form to travel from Home affairs.. do they ask for more?

 

 

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I do know that you have to do a medical, pay a separate visa fee and fill out a separate DS160 for the child and if the child is traveling at the same time as the parent then they would book the same interview day. The consent part I believe is getting a notarized letter written from the other parent giving permission for one parent to take the child with them if there’s no custody battles going on. If there is then I believe they need something from the court. A more experienced VJ member can correct me if I’m wrong. 

 

I also know If the child is following afterward, then you have a year to complete their part of the visa process. I would like more information on this as well so I’m going to Follow this thread.

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You need to check the laws for your country. In the UK it is called Permanent Leave from Jurisdiction. I don't know if it is the same in South Africa. 

My son emigrated with me from the UK with a K2 visa. His other parent was absent from his life but had Parental Responsibility. I filed for a Court Order three months before filing our visa application to allow time for the hearing and the Court Order to be granted. I had to prove that relocation was in his best interests, not mine. 

 

Here's a brief overview for South Africa: https://uk.practicallaw.thomsonreuters.com/8-622-2048?transitionType=Default&contextData=(sc.Default)&firstPage=true&comp=pluk&bhcp=1

"In the absence of a court order to the contrary, all persons who have guardianship of a child must consent to the child's departure or removal from the country and to an application for a passport for the child (section 18, Children's Act). In most instances, this will therefore require the consent of both of the child's parents. If a parent refuses to grant consent for the child to relocate, the parent wishing to take the child must bring an application to the High Court for an order dispensing with the consent of the other parent."

"Where one parent refuses to grant consent for the other parent to relocate internationally, the High Court, as upper guardian of all minors, must be approached for an order allowing the relocation."

 

USCIS will require that you have proof that the other parent has consented, or, failing that, you have the appropriate court order that you may permanently remove your child from South Africa or they will deny your child a visa. (The Hague Convention of 25 October 1980 on the Civil Aspects of International Child Abduction (1980 Hague Convention) is a multilateral treaty that establishes proceedings for the prompt return of children who have been wrongfully removed or kept away from their home country.)

 

In the UK the child is required to attend the embassy interview and have biometrics taken for the visa. 

 

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