qwerty1974

A couple of people asked if I could get clarification from the Embassy over exactly What they require for the above, so here is what I was told.
I am posting this in the London forum only as it likely varies consulate to consulate.
I have two children I intend to move to the States with. One is my fifteen year old daughter and the other, my twelve year old son. The two cases are a little different so I'll briefly give the context of each, hopefully this information will be of some use to someone as the websites give little clarity to what the custodial requirements are. Naturally, it might vary case to case but they seemed pretty affirmative about what was and was not needed (spoke with two Embassy workers about this).
Twelve year old: Still see's his father regularly but his father and I were never married so there was never any shared parental responsibility. Had a letter (not notarised) simply stating he knew of my wishes and would not object. he'd typed the letter and signed it. My solicitor had written to him later to confirm that we had the letter and if it was NOT his signature he had fourteen days to contest the letter my firm had been supplied with or we'd take it it was fine and standing. When my solicitor did not hear back he sent ME a letter confirming my sons father had indeed NOT responded. We opted to take the action of if you DO NOT do anything, that is confirmation, as he was reluctant to be honest to sign anything in the first place. he and I don't get on and naturally noone one is thrilled to have their child leave the country. As he had always said 'tell your solicitor to back off....signing once should be all thats required of me'. He was happy (ish) to furnish us with the first letter for his son's sake, but really I could not have expected him to happily accompany me to a solicitors to have it sworn, there is a violent history there and he flips quite quickly so I try and have as little to do with him as possible. It was nice he even wrote the first letter.
Fifteen year old: I was married to her father so he technically has joint parental responsibility. However, he has not seen her for twelve years and does not pay maintenance. My solicitor wrote to him twice asking permission. On the second time of asking he unhelpfully just slammed his signature down onto the foot of the letter with no further explanation and sent it to my solicitor. My solicitor seemed happy enough with this.
I wasn't particulary happy with either response as neither was notarised. SO, I swore an affidavit and had THAT notarised. the affidavit stated the reasons why it would be unwise to pursue further official confirmation from either (difficult past relationships) and swore that neither child had
a)outstanding custody cases
b)any objection themselves to moving
c)a situation where the father had not been duly infomred of our intentions and also given ample time to contest it.
At the head of the affadavit I listed the childrens details/passport no. etc. MUST GET IT NOTARISED as it isn't official enough. They seemed to like that it was sworn.
When it came time for the interview they did not question my fifteen year old AT ALL on any of this, which they could have done as she was stood there and old enough to be interviewed. I presented them with ALL correspondance from my solicitor showing efforts had been made to get agreements from the fathers. I gave them the signatures of the fathers and the public notary document. I asked them what the requirements actually were for removing children to America and he said this (well, both officers I spoke to confirmed this):
ALL WE NEED IS TO SEE PROOF THAT THE FATHERS KNOW AND DON'T MIND, THESE SIGNATURES ARE JUST FINE WITH THE SUPPORTING DOCUMENTS AND AFFIDAVIT, ITS JUST SO AS WE KNOW SOME CUSTODIAL CASE OR OTHER WON'T CROP UP ONCE YOU'VE LEFT.
Really hope this is of some help to someone as right up until the interview I was so, so, so worried about whether this could trip me up as I didn't have full custody of one of them and neither father had a public notary witness the document they DID sign. But we WERE approved and with no eyebrows raised regarding the seemingly complex situation of custody and the odd format of consent from the fathers (especially with the one with parental responsibility just sticking his signature down on the solicitors letter!)

A couple of people asked if I could get clarification from the Embassy over exactly What they require for the above, so here is what I was told.
I am posting this in the London forum only as it likely varies consulate to consulate.
I have two children I intend to move to the States with. One is my fifteen year old daughter and the other, my twelve year old son. The two cases are a little different so I'll briefly give the context of each, hopefully this information will be of some use to someone as the websites give little clarity to what the custodial requirements are. Naturally, it might vary case to case but they seemed pretty affirmative about what was and was not needed (spoke with two Embassy workers about this).
Twelve year old: Still see's his father regularly but his father and I were never married so there was never any shared parental responsibility. Had a letter (not notarised) simply stating he knew of my wishes and would not object. he'd typed the letter and signed it. My solicitor had written to him later to confirm that we had the letter and if it was NOT his signature he had fourteen days to contest the letter my firm had been supplied with or we'd take it it was fine and standing. When my solicitor did not hear back he sent ME a letter confirming my sons father had indeed NOT responded. We opted to take the action of if you DO NOT do anything, that is confirmation, as he was reluctant to be honest to sign anything in the first place. he and I don't get on and naturally noone one is thrilled to have their child leave the country. As he had always said 'tell your solicitor to back off....signing once should be all thats required of me'. He was happy (ish) to furnish us with the first letter for his son's sake, but really I could not have expected him to happily accompany me to a solicitors to have it sworn, there is a violent history there and he flips quite quickly so I try and have as little to do with him as possible. It was nice he even wrote the first letter.
Fifteen year old: I was married to her father so he technically has joint parental responsibility. However, he has not seen her for twelve years and does not pay maintenance. My solicitor wrote to him twice asking permission. On the second time of asking he unhelpfully just slammed his signature down onto the foot of the letter with no further explanation and sent it to my solicitor. My solicitor seemed happy enough with this.
I wasn't particulary happy with either response as neither was notarised. SO, I swore an affidavit and had THAT notarised. the affidavit stated the reasons why it would be unwise to pursue further official confirmation from either (difficult past relationships) and swore that neither child had
a)outstanding custody cases
b)any objection themselves to moving
c)a situation where the father had not been duly infomred of our intentions and also given ample time to contest it.
At the head of the affadavit I listed the childrens details/passport no. etc. MUST GET IT NOTARISED as it isn't official enough. They seemed to like that it was sworn.
When it came time for the interview they did not question my fifteen year old AT ALL on any of this, which they could have done as she was stood there and old enough to be interviewed. I presented them with ALL correspondance from my solicitor showing efforts had been made to get agreements from the fathers. I gave them the signatures of the fathers and the public notary document. I asked them what the requirements actually were for removing children to America and he said this (well, both officers I spoke to confirmed this):
ALL WE NEED IS TO SEE PROOF THAT THE FATHERS KNOW AND DON'T MIND, THESE SIGNATURES ARE JUST FINE WITH THE SUPPORTING DOCUMENTS AND AFFIDAVIT, ITS JUST SO AS WE KNOW SOME CUSTODIAL CASE OR OTHER WON'T CROP UP ONCE YOU'VE LEFT.
Really hope this is of some help to someone as right up until the interview I was so, so, so worried about whether this could trip me up as I didn't have full custody of one of them and neither father had a public notary witness the document they DID sign. But we WERE approved and with no eyebrows raised regarding the seemingly complex situation of custody and the odd format of consent from the fathers (especially with the one with parental responsibility just sticking his signature down on the solicitors letter!)

In my signature below, there is a link to look up the airport you are entering at and see what their averages are for processing incoming folks. That should give you a baseline for minimum time (I'd add to that, though, especially if you possibly have to re-check in for a domestic flight also).
Good luck and please, report back here when you have gone through this. It is a "popular" concern.

If it is love you will both wait, regardless of what either of you say now. I liked the comment though about not expectig her to be a hopeless romantic whilst you are being a pragmatist...that seems pretty insightful. We all have different personality make ups though and if you've been together for as many years as you say, she ought to be aware of this pragmatic, mature and bettering side of you and surely love you for it? It sounds likely a big part of who you are amd we try to support those we love in what matters to them (degrees, work, dreams etc). You say it 'must' be love because she's been with you for six years....yes, she HAS been with you- fully expecting it to end in a K1 visa and has by the sounds of it had fewer options to do anything else given her unemployment and the unfortunate failing of her last two nursing paper exams. I hope this is not the case for you but you perhaps ought to not concentrate of the first six years of it seeming to end up with a green card but rather also be open to seeing how it's been in the past two weeks since it seeming there won't be one anytime soon. Hopefully she revises this not waiting idea...if the embassy told me I'd have to do a whole load of paperwork and reapplication and it'd take another year or two i'd do it in a heartbeat. The CR1 seems a good alternative option, that way you can just scrap the K1 marry her and apply again for CR1 (I think it's cheaper), but I'd seriously recomend assessing whether this is the right girl for you or not. You don't want to be landed with someone who has said they will not wait, seems to refuse to work and is giving up on her nursing exam. From what I read it seems the onus is All on You to provide everything for this transition and she will not even provide patience. I don't know, maybe I'm reading it all wrong and when in love noone wants to or is willing to see these things but I have often heard people in LDR say they rather be with the person virtually than have anybody else Actually....however in your case she does not seem to feel this way. hopefully she was just coming from a place of anger and hurt and will change her mind about waiting for you. It IS an expensive process and really I've always thought more could be done to explain this to applicants at the beginning....give people a round figure of what the entire cost will be. We've also been pretty shocked by each cost lurking around every corner, it seems endless.
Ask yourself...each time you've acted on impulse....how has that worked out for you? That might help.

I think you may be confusing lust for love. how can you possibly know that this young lady is the one for marriage, after such a short time and you havent even met her yet. Also whats the urgency.

I just sent a letter to my rep. Had the letter written since last Wed....now sent it off.
Fingers crossed, hope i hear something positive that will make mee screaaamm. Aghhhhhhhh!!!
Go for it. Write the congressional office. It would hurt...unless u have like broken fingers and you're typing a long letter! lol
All the best,
Ro

I don't know the numbers but I'm sure less than 10% of the guys go for the interview.
It's understandable that she could be intimidated by the process. If you swing into the PI forum you can find first hand accounts of what she can expect.
including what questions they will ask.
you can't afford to go,
You could tell her if she really wants you at the interview, You will finish college first, get a job so you can afford to be at the interview and then start the process over again.

Yes, for richer or poorer, but I don't think it's healthy (for many reasons) for her to come over & him working some crappy paying job. That will cause stress on the relationship.
I know for me, that I wouldn't have come over if my (then fiance) was working a minimum paying job. He was finishing university, working part-time at the job he is currently employed at full time.
This guy deserves credit for bettering himself & she might not see that....

Dec 2 crew!

APPROVED!!! Just got back home and we're super tired. So I'm gonna write a big fat review tomorrow! I took a really tight timeline of how things went down

I think what you have is perfect. They just want to know that you aren't trying to kidnap the kids. I am sure it will be enough. We also had the same concern we wouldn't have enough but we did! YAY! Best Wishes!
Well I guess you could always do a "mock" interogation afterwards with a flashlight! LOL

Tell them depending on what time of day, they can expect me as that's my date, too

If all you want to do is find out if they have received your docs / scheduled an interview you can save yourself a lot of money by calling DOS instead of the London Embassy premium rate - they can tell you anything London can. Only reason to contact the premium rate number is to pay the fee and if you need to send them an email and need the email code.
For DOS call the US # 1-202-663-1225 then option 1 then option 0.
Good luck!

Good luck on expediting the case, however, I would be shocked if they granted it.
I cannot wait to have children with my fiance, but, because I it would be a financial hardship as well as emotionally hard to not have him around while pregnant, we took precautions to make sure it didn't happen; we also spoke about what would happen if I were to "accidently" get pregnant i.e. financial support, more visits, etc. I'm sure there are many other women in my shoes. So, if they were to expedite your case, they would have to then expedite all cases like this - which I don't think they would do.
Just a thought to consider

Immigration law generally recognizes a marriage if it was legal in the jurisdiction where the marriage took place UNLESS the marriage is considered "repugnant to United States public policy". Such marriages currently include marriages involving polygamy, incest, or same sex spouses. A subsequent divorce from the first spouse does not make the second marriage recognizable under US immigration because the marriage was "repugnant to United States public policy" at the time it occurred.
Let's look at a couple of potential problems:
Inadmissibility and Good Moral Character: INA 212(a)(10) defines a practicing polygamist as inadmissible. 8 CFR 316.10 describes a finding of a lack of good moral character is called for if an alien has practiced or is practicing polygamy. The first statute can get you declared inadmissible to the US. The second can prevent you from ever becoming a US citizen, self-petitioning to remove conditions, asking for cancellation of removal, and whole host of other immigration benefits.
Consular discretion: Many consulates are notorious for using their discretion to deny a K1 if they even get a HINT that the couple had anything resembling a cultural or traditional marriage, even if the marriage isn't legally binding. This has caused no end of frustration for some couples because they are denied a K1 because the consulate accuses them of being married, but they can't get a CR1 because USCIS won't recognize their marriage. This puts them in the position of having to "####### or get off the proverbial pot", so to speak, and get a legally recognizable marriage. The OP has a doubly complex problem because polygamous marriages are legal in most Islamic countries, including the United Arab Emirates, and their marriage was completely legal and recognized by the government of the UAE. I could easily see the consulate putting them through the wringer for this.
If I were in this boat then I'd withdraw the K1 petition, terminate the marriage, remarry with a new wedding date, and petition for a CR1. Start over, clean and fresh.

I don't know but will say that you ought to check and double check if they do not see your marriage as in some way a binding marriage. I have ascertained from a few other postings that you'd be surprised what they see as marriage and not. Last thing you want is to list for fiance 'unmarried' and have them think you're misleading them. i think for this one, if you have not already, check with an attourney or UCSIS directly. Good Luck.

It seems the only ones who get faster preferential treatment are those in the military.

Some folks here obviously mean well and are trying to be helpful, but let's please avoid practicing medicine without a license.

I looked into this on this forum and others and it raises no flags. You can essentially buy whichever ticket you choose, they're not going to refuse you entry based on which you have and you can always cancel the return journey on a round tripper once you hit U.S soil

I'm opting for the cheapest, which seems to be round trip.

You guys are sooo close now! I'll be having my fingers crossed for you on the day. From what you've said you have all bases covered and plus London seem far more receptive to things being above board than other Embassy's might be. Just think, this time next week you'll likely have travel plans set and an actual date to be together-forever!!! I'd get to that movie theatre while you can...soon you'll have a whole lot of busy to contend with!!! Good luck with the travelling and for the interview itself...just don't forget an umbrella

The way I read it the guy in America IS the child's father? She refers to him as the childs daddy...I'm confused.

They tell you to fill it out DS-157 in the K1 instructions. There is no "just in case". It is required in London. I think you are starting to get "visa head" and everything is going mushy from reading too many opinions and websites. Focus on what London tells you to do on their website. It is your most current information and accurate information.
Did you miss post #7 where I showed how outdated websites or two year old posts might no longer be true? My list of 16 changes (I could think of) was to show you how procedures change and what was once true, no longer is. Focus on the instructions London gives you and I will stop adding to your confusion by answering your posts. I've already told you everything I know in my K1 Guide anyway, so no need to tell it again.
I hope everything goes speedy for you and the kids get in school by January.

No. ACPO centralized everything. It was new sometime early 2008. Prior to that, the local police headquarters was the way to do it. There used to be a sticky at the top of this UK forum alerting people about the new ACPO police certificate that replaced the old way to do it.

i definitely agree with you there... and how i long to be told off for leaving the toilet seat up or not putting the cap back on the toothpaste haha