K2 custody of child

[willin 0]

I have a I-129f filed already. My fiance is currently in the process of fighting for custody of her child from her ex. Our lawyer says she has a 70-80% chance of winning the lawsuit. Once we get custody, we'll go with K2 Visa, should be same timeframe when our I-129f gets approved.

 

The question is, will we be able to obtain the K2 showing the embassy that we have custody papers or will we also need some type of written and signed statement from the ex saying he approves the child to follow the mom to the US? The ex isn't very liking towards my fiance and he will most likely not provide any type of statement. The problem is that if she obtains custody but can't bring her child with her to the US once we get the K1, she's kind of stuck with no one to watch over her child.

 

Thank you

[OldUser 10,697]

17 minutes ago, willin said:

The question is, will we be able to obtain the K2 showing the embassy that we have custody papers or will we also need some type of written and signed statement from the ex saying he approves the child to follow the mom to the US?

Depends if fiance gets the full custody or not

[willin 0]

It'll be full custody, I'm currently contacting the embassy to find out.

[SalishSea 18,582]

15 minutes ago, willin said:

It'll be full custody, I'm currently contacting the embassy to find out.

They don't answer procedural questions or give legal advice.  

[willin 0]

1 hour ago, SalishSea said:

They don't answer procedural questions or give legal advice.  

What would be the process then? How would we know what is needed other than papers showing custody?