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

[Lwdmiuk42025 0]

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 48,179]

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

[Lwdmiuk42025 0]

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 48,179]

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

[Lwdmiuk42025 0]

The lawyer who will be assisting me said she will include these remarks regarding travel in our document. I hope everything goes well as we expect. Thank you very much!

[TBoneTX 48,396]

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

[Ontarkie 15,064]

Normally we see sole custody needed to bring the child or a letter from the father giving consent to have the child move to the US. If your lawyer is making something sound like the child is visiting. His visa will be denied. All of this is need at the interview stage in your country. You do not send it now. 

 

What country are we talking about, as some countries single/never married mothers automatically have sole custody. 

 

Also sole custody in most countries does not mean the father is cut off. You can still make sure a fair agreement is made for the child. 

[mam521 2,750]

I moved with my kids on IR-2's.  I was required to submit custody documentation and because their father and I are not required to have a court ordered custody agreement in the jurisdiction where the kids were born and where we resided, I did require an additional lawyer notarized letter from their father stating he was 100% aware that the children were immigrating to the USA and that he was in support of the move.  Had I not had that letter, our case would have been denied.  

 

I worry that what you've mentioned above is not in direct agreement with what is required.  You need to be the custodial parent if your child is to immigrate.  Simply having court ordered, shared custody is not going to suffice.  The child's father needs to agree to allow the child to move permanently to the US.  Provisionally, the agreement can include visitation rights, but the primary legal decision maker needs to be you and the father needs to agree to allow that child to immigrate.  

[Lwdmiuk42025 0]

6 hours ago, Ontarkie said:

Normally we see sole custody needed to bring the child or a letter from the father giving consent to have the child move to the US. If your lawyer is making something sound like the child is visiting. His visa will be denied. All of this is need at the interview stage in your country. You do not send it now. 

 

What country are we talking about, as some countries single/never married mothers automatically have sole custody. 

 

Also sole custody in most countries does not mean the father is cut off. You can still make sure a fair agreement is made for the child. 

Thank you for your comment.
Ah, I see. In that case, a shared custody document might not be the best option to present, right?
From what I understand, it would be better to obtain a signed statement from the father explicitly authorizing the child’s relocation to the United States, preferably notarized and perhaps prepared with the assistance of a lawyer to ensure its legal validity.

I’m Brazilian, never legally married, and the father is involved in our child’s life. I’d like to know, in your opinion, whether this type of statement would be sufficient at the interview stage.🌹

[Lwdmiuk42025 0]

6 hours ago, mam521 said:

I moved with my kids on IR-2's.  I was required to submit custody documentation and because their father and I are not required to have a court ordered custody agreement in the jurisdiction where the kids were born and where we resided, I did require an additional lawyer notarized letter from their father stating he was 100% aware that the children were immigrating to the USA and that he was in support of the move.  Had I not had that letter, our case would have been denied.  

 

I worry that what you've mentioned above is not in direct agreement with what is required.  You need to be the custodial parent if your child is to immigrate.  Simply having court ordered, shared custody is not going to suffice.  The child's father needs to agree to allow the child to move permanently to the US.  Provisionally, the agreement can include visitation rights, but the primary legal decision maker needs to be you and the father needs to agree to allow that child to immigrate.  

I understand better now. I listed my son as a dependent on my K-2 visa application, but I currently have shared custody with his father in my country.
I plan to talk to his father about this, since he is truly present and involved in our child’s life.

In our case, we don’t have any formal custody documents — we’ve always handled everything amicably, without legal paperwork, and have lived this way since our separation.

My question is: do I need to have officially recognized sole custody for the process to be approved, or would a notarized statement signed by both the father and a lawyer be sufficient?

We were never married and have always maintained a good relationship without conflicts, but I’m concerned that this situation might become an issue for the visa.
Thank you very much for your time and guidance.

[mam521 2,750]

11 hours ago, Lwdmiuk42025 said:

I understand better now. I listed my son as a dependent on my K-2 visa application, but I currently have shared custody with his father in my country.
I plan to talk to his father about this, since he is truly present and involved in our child’s life.

In our case, we don’t have any formal custody documents — we’ve always handled everything amicably, without legal paperwork, and have lived this way since our separation.

My question is: do I need to have officially recognized sole custody for the process to be approved, or would a notarized statement signed by both the father and a lawyer be sufficient?

We were never married and have always maintained a good relationship without conflicts, but I’m concerned that this situation might become an issue for the visa.
Thank you very much for your time and guidance.

That's going to depend what the laws are in your state in Brazil.  Like I said, in the province my kids were born in and where we resided, informal (non-court ordered) parenting agreements are recognized and encouraged, so we have an informal, written parenting plan agreement.  It is written in a fashion such that if something did happen and we were spending too much time disagreeing about the kids, that we could file it with the Provincial courts to formalize it.  If we came from a different province, that was unlikely to be the case.  Because it was the case, having the lawyer notarized letter from the children's father very directly acknowledging we were immigrating on a permanent basis in conjunction with that parenting plan agreement, it was accepted.  Canada also isn't a high fraud country, so that likely played into the acceptance decision.  

 

So, check your local laws on parenting plans. Also check the local laws on taking your child internationally.  If you are required to have a parenting agreement, find out if you and your child's father can write it, following a template and submit it to the courts yourselves.  That route is typically pretty inexpensive because no lawyer is involved.   If your state doesn't require it, you'll still have to sit down and write an agreement between the 2 of you to present with a letter of consent for US immigration.  Make sure you understand the legal wording in both Brazil and New Mexico.  For us, there were slight differences between our home province and Texas, so I included verbiage that covered both places.  For example, you can have joint custody, but defining yourself as the primary, custodial guardian who has sole decision making authority for things like healthcare in the US are important.  Back home, "guardianship" is defined, but "custodial" isn't a legal term used.  In Texas, courts use "custodial parent and not "guardian".  We make sure to include the equivalent legal defined name for the terms from both countries.  You should also define your fiance's role as a step parent in the agreement.  

 

The Hague Convention exists for a reason - too many parental kidnappings, so informed, parental consent is paramount in any immigration case.  

 

Its hard because those individuals who can't get along and coparent effectively ruin it for the rest of us who can peacefully do so.  I understand how important permission is when it involves taking a child internationally, but it's still pretty astounding how many people really aren't looking in the best interests of their kids!  I'm happy to hear you are another co parent who stands beside me in making peaceful decisions in the best interest of our children.