k1/k2 requirements Mexico

[darrenpayuan 0]

Hello everyone,

 

I’m currently filing for k1/k2 for my fiancee and her two children 7 and 9. They currently live in tijuana. 

 

Does anyone have experience or exact information on IF the kids will need passports or consent letter from the father? Currently the father is not a part of their lives at all and lives far away. From what i understand , both parents need to be present to even get passports for the kids.

 

I did read on the mx/us consultant website that minors dont need permission to travel as long as 1 parent is present. But does this apply to the visa as well? 

 

Please help with this information. It would definitely help ease our mind so we can know exactly what we would need . and if anyone knows a way for her to get a passport without the father present, that would also help. Thank you

[Just Paul 4,595]

They will need passports.   You will need to prove at the Visa Interview that they have permission to immigrate.

[darrenpayuan 0]

8 minutes ago, Paul & Mary said:

They will need passports.   You will need to prove at the Visa Interview that they have permission to immigrate.

Hey there Paul & Mary,

 

Really appreciate you reply. So I have been getting more answers and finding information with YES on Passports but NO on the permission per the consulate website and with other members. Can you elaborate more from your own experience or is this what you heard from others as well? Thank you

[geowrian 22,337]

NOTE: This is not specific to Mexico. Local laws apply.

Generally, either permission from the parents or a court order is required. There are exceptions such as the Philippines, where a mother that gives birth out of wedlock has sole custody and no such letter is required.

Facts such as whether the child was born in wedlock, if the father is on the birth certificate, any previous court orders or judgements by the father (i.e. a support order), contact, etc. may apply.

 

There is at least 1 case on VJ in the past year where a mother brought a child to the US (Edit: from Mexico....forget that important qualifier) on a tourist visa without consent of the father (whom she stated was not in the father's life). They are currently being sued by the father to return the child as they did not have permission from him to bring the child. The mother's AOS is in question as it may or may not be determined to be child smuggling.

Moral of the story? Be absolutely sure no permission is necessary before crossing the border.

 

Edit 2: Just to note, at the time tourist visa was obtained, there was permission (idk the details...I believe that they were married at the time it was issued).

Edited June 28, 2019 by geowrian