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 10,719]

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 18,587]

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?

[Theersink 45]

There are other things to consider here. Just because you win full custody does not automatically mean that the child can immigrate. I would do a lot of research on Vietnam custody laws. Many countries have provisions that will grant custody but will not allow the child to immigrate to another country. You need a lawyer that has experience explicitly in this situation. As far as I can tell VIetnam is Best Interest of the Child country and that can be a long, messy and expensive fight that ultimately may not end up in your favor. https://www.usa.gov/travel-documents-children has a little information on children traveling internationally. having a valid passport and visa is only part of what is required. I would wait until the custody is decided and these details worked out before even filing anything.

[Theersink 45]

I see that you said you have already filed. Be prepared to delay this at NVC stage. As I said above you will need to get all of this in order BEFORE proceeding with your VIsa case or you could find yourself in a situation that is not ideal. 

[Boiler 48,097]

Sounds like a question for a local Family Lawyer

[willin 0]

3 hours ago, Theersink said:

I see that you said you have already filed. Be prepared to delay this at NVC stage. As I said above you will need to get all of this in order BEFORE proceeding with your VIsa case or you could find yourself in a situation that is not ideal. 

Once it gets to NVC, how do I delay it?

[willin 0]

1 hour ago, Boiler said:

Sounds like a question for a local Family Lawyer

I have lawyer working the case right now, they aren't sure but said if it's required, they'll try their best so that a signed statement isn't needed.

[rbv_shard 25]

4 hours ago, willin said:

Once it gets to NVC, how do I delay it?

I see that "fiance vs spouse" visa comparison all the time and pretty sure this one of the differences was "129F petition for K-1 cannot be delayed"

[Boiler 48,097]

I would have thought a Family Lawyer would know what would be required 

[willin 0]

1 hour ago, Boiler said:

I would have thought a Family Lawyer would know what would be required 

They're saying we don't but it's on a case to case based, they've said some the court allows full custody means the parent can take the child wherever they want including out of the country. And they said some cases, the court doesn't grant it. So where we might be granted a K2 Visa by the US embassy, doesn't necessarily mean the country will let the child leave.

[Boiler 48,097]

The Consulate will not issue a visa unless that is clarified 

[willin 0]

4 minutes ago, Boiler said:

The Consulate will not issue a visa unless that is clarified 

This is where I'm getting mixed answers. Some are saying that consulate will issue visa and all that is needed is court papers showing custody of the child. Then some are saying a signed statement is needed too. Like I said, my lawyer said it's base on case to case, the court can deem that the father doesn't need to provide any signed statement and the custody papers is enough.

 

Is there anyone that have dealt with a case like this from Vietnam that can chime in?