Permission for minor child?

[Terribelle 8]

I'm a Canadian applying for a K1 visa in order to move to the USA with my partner. Our visa interview is on Wednesday (Yay).

Its occurred to me that I haven't been requested to bring any evidence to prove I'm allowed to bring my 11 year old with me to the USA, other than any court documents or custody agreements my Ex and I have. We divorced very amicably, and all we have is our Separation Agreement. Will this be enough to allow her to get a visa? Will it also be enough for us to cross the border once we get our visas or is there some kind of permission form I should also get my Ex to sign?

I tried a google search but all I've been able to find is the Canadian consent letter for children traveling abroad, which I'm not confident will apply to this situation.

Anyone with experience able to point me in the right direction?

[Pitaya 2,577]

10 minutes ago, Terribelle said:

I'm a Canadian applying for a K1 visa in order to move to the USA with my partner. Our visa interview is on Wednesday (Yay).

Its occurred to me that I haven't been requested to bring any evidence to prove I'm allowed to bring my 11 year old with me to the USA, other than any court documents or custody agreements my Ex and I have. We divorced very amicably, and all we have is our Separation Agreement. Will this be enough to allow her to get a visa? Will it also be enough for us to cross the border once we get our visas or is there some kind of permission form I should also get my Ex to sign?

I tried a google search but all I've been able to find is the Canadian consent letter for children traveling abroad, which I'm not confident will apply to this situation.

Anyone with experience able to point me in the right direction?

Was the child's information included on the Form I-129F K1 petition, Part 2, #39-46? You will need to have a notarized letter from your divorced spouse authorizing the immigration of the child with you to the US. I will include a DOS Nonimmigrant Visa FAQs which will describe what is necessary for the child to obtain a K2 derivative visa: https://travel.state.gov/content/travel/en/us-visas/immigrate/family-immigration/nonimmigrant-visa-for-a-fiance-k-1.html

 

Good luck on your immigration journey.

[Terribelle 8]

7 minutes ago, Pitaya said:

Was the child's information included on the Form I-129F K1 petition, Part 2, #39-46? You will need to have a notarized letter from your divorced spouse authorizing the immigration of the child with you to the US. I will include a DOS Nonimmigrant Visa FAQs which will describe what is necessary for the child to obtain a K2 derivative visa: https://travel.state.gov/content/travel/en/us-visas/immigrate/family-immigration/nonimmigrant-visa-for-a-fiance-k-1.html

 

Good luck on your immigration journey.

Her information was included, she's all set, but its been bother me that I haven't been asked for anything more formal regarding permission for her. Do you know where can I find an outline of what is required for the letter? There isn't any mention of it in the FAQ and further searching isn't providing me any guidance.

Also thank you for the reply!

[Ontarkie 14,273]

Unless your custody order specifically states you can move your child out of Canada get the consent letter. Canada's sole custody does not removed the other parents rights to the child. it's more like joint custody in the US and Montreal knows this.

 

The consent letter doesn't have to be fancy.  just something like

 

I(name), give consent to  (your name) to permanently move to the USA with (child's name).

 

His name

Signature

 

 

It's really not fancy, just make it clear he is allowing the move as permanent and not a visit.

[Terribelle 8]

1 minute ago, Ontarkie said:

Unless your custody order specifically states you can move your child out of Canada get the consent letter. Canada's sole custody does not removed the other parents rights to the child. it's more like joint custody in the US and Montreal knows this.

 

The consent letter doesn't have to be fancy.  just something like

 

I(name), give consent to  (your name) to permanently move to the USA with (child's name).

 

His name

Signature

 

 

It's really not fancy, just make it clear he is allowing the move as permanent and not a visit.

Oh? Excellent, that shouldn't be too difficult at all.

[Pitaya 2,577]

2 minutes ago, Ontarkie said:

Unless your custody order specifically states you can move your child out of Canada get the consent letter. Canada's sole custody does not removed the other parents rights to the child. it's more like joint custody in the US and Montreal knows this.

 

The consent letter doesn't have to be fancy.  just something like

 

I(name), give consent to  (your name) to permanently move to the USA with (child's name).

 

His name

Signature

 

 

It's really not fancy, just make it clear he is allowing the move as permanent and not a visit.

Agree!  ^^^^

[Terribelle 8]

I'm a bit concerned because there's no way I'm going to be able to get anything notarized before my flight tomorrow, so I'm going to have to try just handing over the letter and crossing my fingers that it may be enough. I've been going through all of my documentation and can't find it actually written anywhere that I need a notarized letter for the interview so fingers crossed that it will be acceptable. Just a vague request for documentation pertaining to custody.

I'm really glad I decided to ask here, although I wish I had listed to my gut sooner.

[Kacey8361 87]

21 hours ago, Terribelle said:

I'm a Canadian applying for a K1 visa in order to move to the USA with my partner. Our visa interview is on Wednesday (Yay).

Its occurred to me that I haven't been requested to bring any evidence to prove I'm allowed to bring my 11 year old with me to the USA, other than any court documents or custody agreements my Ex and I have. We divorced very amicably, and all we have is our Separation Agreement. Will this be enough to allow her to get a visa? Will it also be enough for us to cross the border once we get our visas or is there some kind of permission form I should also get my Ex to sign?

I tried a google search but all I've been able to find is the Canadian consent letter for children traveling abroad, which I'm not confident will apply to this situation.

Anyone with experience able to point me in the right direction?

Hello! 
 

Just went through the same process and had my interview last week. I had gone to a lawyer before my interview and had him notarize a typed letter signed by me and my exhusband. The letter basically stated that he gives permission for our children to move permanently with me to the US. They did require this letter at the interview and stated to me that many don’t even think to bring one. 
 

best of luck at your interview. 

Edited December 3, 2019 by Kacey8361
Spelling

[NikLR 13,227]

On 12/2/2019 at 2:32 PM, Terribelle said:

I'm a bit concerned because there's no way I'm going to be able to get anything notarized before my flight tomorrow, so I'm going to have to try just handing over the letter and crossing my fingers that it may be enough. I've been going through all of my documentation and can't find it actually written anywhere that I need a notarized letter for the interview so fingers crossed that it will be acceptable. Just a vague request for documentation pertaining to custody.

I'm really glad I decided to ask here, although I wish I had listed to my gut sooner.

Have him notarize something and express mail it to you.  Honestly you need it.  They will 221g for you to have it. 

[Pitaya 2,577]

5 hours ago, NikLR said:

Have him notarize something and express mail it to you.  Honestly you need it.  They will 221g for you to have it. 

Agree !! ^^^

 

There are several reasons why it is taken very seriously. First, the last thing the US government wants to get involved with is an international child custody battle. Secondly, and far more serious, is the increased international awareness of child trafficking and international ways of ibattling it. https://www.unicef.ca/en/child-trafficking . Your visa application progress will likely be halted dead in its tracks until you supply the previously mentioned documentation..

 

Good luck on your immigration journey.

[flea89 31]

how'd it go? @Terribelle

[Terribelle 8]

Sorry for the delay in updating.

I did indeed require a notarized letter, but had absolutely no way of getting it before my appointment. I really wish I had listened to my gut sooner.

I was declined for my visa, but all I needed to do was send in the notarized permission form as well as a photocopy of my ex's passport, which I had no idea I needed, as it wasn't mentioned here either.

I've already sent in the required documents and the consulate has received it, now I just need to wait (hopefully not too long, I'm pregnant and will be strongly discouraged from any travel starting in February.)

I did mention to the interviewer that I wasn't able to find any information about what I needed for my daughter and they admitted it was a common problem and that everyone there is aware of it, but it just takes a long time for any of the directions to get updated.

[Pitaya 2,577]

5 hours ago, Terribelle said:

Sorry for the delay in updating.

I did indeed require a notarized letter, but had absolutely no way of getting it before my appointment. I really wish I had listened to my gut sooner.

I was declined for my visa, but all I needed to do was send in the notarized permission form as well as a photocopy of my ex's passport, which I had no idea I needed, as it wasn't mentioned here either.

I've already sent in the required documents and the consulate has received it, now I just need to wait (hopefully not too long, I'm pregnant and will be strongly discouraged from any travel starting in February.)

I did mention to the interviewer that I wasn't able to find any information about what I needed for my daughter and they admitted it was a common problem and that everyone there is aware of it, but it just takes a long time for any of the directions to get updated.

Well you kinda new the 221g would be coming. But it sounds like you were able to quickly tender the additional documents they requested.

 

Thanks for the info about the added requirement of the ex-spouse's passport bio page photocopy, in addition to the notarized immigration authorization for the minor from the ex-spouse. I haven't heard about the passport bio-page photocopy before? I wonder if it is a Montreal-specific requirement or a US new embassy/consulate-wide requirement? I hadn't heard of that requirement before today? I guess it kinda makes sense?? 

 

Certainly something to mention to future similarly-situated folks in the future. Things likely change with time....I know that my wife only had to provide the notarized letter at my family's K1/K2 visa interview at the US Consulate in Guangzhou, it sometimes seems like oh so long ago.....

 

Post back when you do get your visas. Happy Holidays !!

Good luck on your immigration journey.

[NikLR 13,227]

1 hour ago, Pitaya said:

Well you kinda new the 221g would be coming. But it sounds like you were able to quickly tender the additional documents they requested.

 

Thanks for the info about the added requirement of the ex-spouse's passport bio page photocopy, in addition to the notarized immigration authorization for the minor from the ex-spouse. I haven't heard about the passport bio-page photocopy before? I wonder if it is a Montreal-specific requirement or a US new embassy/consulate-wide requirement? I hadn't heard of that requirement before today? I guess it kinda makes sense?? 

 

Certainly something to mention to future similarly-situated folks in the future. Things likely change with time....I know that my wife only had to provide the notarized letter at my family's K1/K2 visa interview at the US Consulate in Guangzhou, it sometimes seems like oh so long ago.....

 

Post back when you do get your visas. Happy Holidays !!

Good luck on your immigration journey.

Likely it's because it's after the fact. 

[Pitaya 2,577]

8 minutes ago, NikLR said:

Likely it's because it's after the fact. 

Good point.