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Lwdmiuk42025

Should I send my shared custody agreement before NOA2 or wait for an RFE?

By Lwdmiuk42025 in K-1 Fiance(e) Visa Process & Procedures

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Lwdmiuk42025 Newbie

Lwdmiuk42025   0

Posted
Filed: K-1 Visa Country: Brazil
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Posted

Hi everyone,
I lived with my child’s father for almost 9 years, but we were never legally married. We have one son, who is now 8 years old. In my K-1 visa process, I didn’t include anything about this previous relationship, except for my son’s documentation, since he is applying as a K-2.

Our petition was received by USCIS on August 29, and my fiancé received the NOA1 in paper form on September 10. So, we are now waiting for the NOA2.

At the moment, I’m officially filing for shared custody with my child’s father, so I can have a court-approved document before the interview. I’m a bit worried about what kind of questions they might ask, since my son will still have an active father in his life, even if he moves to another country with me.

My question is: once I have this custody document in hand, should I send it right away to USCIS (even before receiving the NOA2), or should I wait until they ask for it (RFE)?

So far, our custody arrangement was only verbal, and that’s been making me feel insecure.
Thank you for any advice!

Boiler Grand Master

Boiler   48,161

Posted
Filed: K-1 Visa Country: Wales
 Timeline
Posted

You have the Fathers agreement to move? That is what you need to submit.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

Lwdmiuk42025 Newbie

Lwdmiuk42025   0

Posted
Filed: K-1 Visa Country: Brazil
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Posted
39 minutes ago, Boiler said:

You have the Fathers agreement to move? That is what you need to submit.

My son will be getting his passport soon, but we’ll still need his father’s authorization for him to travel. I’m currently formalizing the custody arrangement through legal means because I’m afraid I might not be able to visit my son if he decides to stay with his father in Brazil — that’s my biggest concern right now.

I’m planning to gather the following documents: the custody officially approved by a judge, a travel authorization from his father allowing my son to travel and stay abroad for a longer period, and the passport authorization.

I’m asking because I’d like to know if anyone has experience with a similar situation, as I’m afraid this custody issue might affect the completion of my visa process.

Boiler Grand Master

Boiler   48,161

Posted
Filed: K-1 Visa Country: Wales
 Timeline
Posted

Well the agreement needs to alow him to migrate, yes there have been plenty of similar situations on here.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

TBoneTX Grand Master

TBoneTX   48,367

Posted
Filed: Citizen (apr) Country: Ecuador
 Timeline
Posted

Thread is shifted from the K-1 Case Progress subforum to the K-1 Process forum.

06-04-2007 = TSC stamps postal return-receipt for I-129f.

06-11-2007 = NOA1 date (unknown to me).

07-20-2007 = Phoned Immigration Officer; got WAC#; where's NOA1?

09-25-2007 = Touch (first-ever).

09-28-2007 = NOA1, 23 days after their 45-day promise to send it (grrrr).

10-20 & 11-14-2007 = Phoned ImmOffs; "still pending."

12-11-2007 = 180 days; file is "between workstations, may be early Jan."; touches 12/11 & 12/12.

12-18-2007 = Call; file is with Division 9 ofcr. (bckgrnd check); e-prompt to shake it; touch.

12-19-2007 = NOA2 by e-mail & web, dated 12-18-07 (187 days; 201 per VJ); in mail 12/24/07.

01-09-2008 = File from USCIS to NVC, 1-4-08; NVC creates file, 1/15/08; to consulate 1/16/08.

01-23-2008 = Consulate gets file; outdated Packet 4 mailed to fiancee 1/27/08; rec'd 3/3/08.

04-29-2008 = Fiancee's 4-min. consular interview, 8:30 a.m.; much evidence brought but not allowed to be presented (consul: "More proof! Second interview! Bring your fiance!").

05-05-2008 = Infuriating $12 call to non-English-speaking consulate appointment-setter.

05-06-2008 = Better $12 call to English-speaker; "joint" interview date 6/30/08 (my selection).

06-30-2008 = Stokes Interrogations w/Ecuadorian (not USC); "wait 2 weeks; we'll mail her."

07-2008 = Daily calls to DOS: "currently processing"; 8/05 = Phoned consulate, got Section Chief; wrote him.

08-07-08 = E-mail from consulate, promising to issue visa "as soon as we get her passport" (on 8/12, per DHL).

08-27-08 = Phoned consulate (they "couldn't find" our file); visa DHL'd 8/28; in hand 9/1; through POE on 10/9 with NO hassles(!).

 
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