Paperwork for K2/travel paper for kid??

[SmallTownPA 71]

Not sure how to actually phrase this buy I'm considering marrying a woman with a child.  

 

I know the I-129 is pretty simple w/r/t kids and the documents.

 

But is there any sort of 'release' I need from the birth father?  

 

Thanks!

[Unlockable 7,306]

Most times permission from the biofather (or mother) is needed for the child to immigrate.

 

Certain countries (like the Philippines) have different laws regarding that as unwed mothers are legally give full custody. 

 

Best to research such laws of your fiance's country. Also, if there is any reason to believe the father will be difficult with this, best to start discussing it with him now instead of later. We've seen children not be able to immigrate because at the last minute the other parent refused.

[USS_Voyager 1,971]

31 minutes ago, SmallTownPA said:

But is there any sort of 'release' I need from the birth father? 

It's really not the US immigration that is the problem, it is laws in the country that the child and the father live in. You need to start researching the law of that country and what is needed in terms of a release. Some countries are very specific and some are not and requirements are different. 

[JasonGG 267]

We had a notarized letter from my step-son's father giving him permission to leave Vietnam.  We provided this to the consulate during the interview.  Not sure if the consulate needed it or made a copy of it.  They returned it at the end of the interview.  The airline - ANA - did ask for the letter (and birth certificate AND passport) when we were checking in at the airport to leave.

 

My wife and step-daughter interviewed and came to the U.S. 6 months before my step-son.  My step-daughter was born after my wife's divorce was final, so she did not list the father on the birth certificate.  The consulate asked why no father was listed, she explained, and they were fine with the explanation.  No letter needed.  At the airport, Korean Airlines only needed her birth certificate and passport to travel.

 

We are going back to Vietnam for Tet and plan to bring the notarized letter just in case, though I have read his green card should be all that is required to prove his ability/permission to return to the U.S.

 

Jason

 

 

Edited October 25, 2019 by JasonGG

[SmallTownPA 71]

25 minutes ago, JasonGG said:

We had a notarized letter from my step-son's father giving him permission to leave Vietnam.  We provided this to the consulate during the interview.  Not sure if the consulate needed it or made a copy of it.  They returned it at the end of the interview.  The airline - ANA - did ask for the letter (and birth certificate AND passport) when we were checking in at the airport to leave.

 

My wife and step-daughter interviewed and came to the U.S. 6 months before my step-son.  My step-daughter was born after my wife's divorce was final, so she did not list the father on the birth certificate.  The consulate asked why no father was listed, she explained, and they were fine with the explanation.  No letter needed.  At the airport, Korean Airlines only needed her birth certificate and passport to travel.

 

We are going back to Vietnam for Tet and plan to bring the notarized letter just in case, though I have read his green card should be all that is required to prove his ability/permission to return to the U.S.

 

Jason

 

 

Thank you!

 

My fiance is going to talk to the birth father and she thinks he'll sign whatever is needed.  

 

I'm confused why the airlines asked for anything... a mother and child travelling should not be out of the ordinary.  In my experience ANA is a garbage airline.  I will avoid them unless absolutely required for a leg.  They do have lots of leg room, but I quickly tired of the FA's being a-holes.  Take your fake smile and even faker arrigato's outta here.

 

Not sure why ppl thought how they do it in the Philippines was related to VN, but public forums be public.

[JasonGG 267]

My understanding was that many country's consider check in at the airport to be another opportunity to prevent human trafficking and parental kidnapping.

 

 

 

[geowrian 22,335]

2 hours ago, SmallTownPA said:

I'm confused why the airlines asked for anything... a mother and child travelling should not be out of the ordinary.

It's not unusual, but they have obligations under local law and in accordance with treaties (i.e. like that of the Hague Abduction Convention) to prevent child abduction before it occurs. They don't want somebody running off with a child where they may never see the child again.

 

2 hours ago, SmallTownPA said:

Not sure why ppl thought how they do it in the Philippines was related to VN, but public forums be public.

It was an example of a country that has more lax laws regarding custody of children. It is not alone. Some countries are fine with full custody. Some countries are very strict where even full custody is insufficient - a signed letter (or court order) is also required.

[SmallTownPA 71]

On 10/25/2019 at 12:05 PM, geowrian said:

It's not unusual, but they have obligations under local law and in accordance with treaties (i.e. like that of the Hague Abduction Convention) to prevent child abduction before it occurs. They don't want somebody running off with a child where they may never see the child again.

Vietnam is not a signatory, so they don't care.  

 

Any Japanese airline is garbage, avoid them at all cost.

 

Please google Japan and parental abduction, then tell me you don't see the hypocrisy of Japan enforcing this rule.

 

 

[geowrian 22,335]

4 minutes ago, SmallTownPA said:

Vietnam is not a signatory, so they don't care.  

 

Any Japanese airline is garbage, avoid them at all cost.

 

Please google Japan and parental abduction, then tell me you don't see the hypocrisy of Japan enforcing this rule.

That was an example. Every country has their own laws regarding minors traveling in order to prevent abductions.

 

I love ANA.

[SmallTownPA 71]

1 minute ago, geowrian said:

That was an example. Every country has their own laws regarding minors traveling in order to prevent abductions.

 

I love ANA.

I know there is a letter needed, but there is no standard format. 

 

My concern was for the visa.  Is there a specific wording they need? 

 

And if the mother already has full custody, the father has zero parental rights, so you have to find someone you may not have talked to in 5-10 years and get their permission to travel with a kid they have no parental rights to?

[visafrompa 9]

Digging into it there is nothing the Consulate specificity requests for parental notification for K2.  Just some documents.

 

And from what most sources are saying, when travelling, you need either a signed, notarized letter from the other biological parent, or a notarized copy of the final court decree giving you full parental control. 

 

This is problematic... you would need a translated copy for every language you encounter.  

 

And according to the says that unless ordered by a judge, the other biological parent shall not be denied visitation.  So a letter would still be required, allowing the child to leave.

 

If anyone has anything else to add/correct, please do.