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40 minutes ago, Pitaya (火龙果) said:

Agree, the last thing the US government would want to do is be a party in an international child custody battle. It seems odd that the interviewing embassy/consulate would just issue a K2 visa on a hope and a prayer.

 

There seems to be a piece of the custody battle that wasn't disclosed to the interviewing embassy/consulate, or isn't being disclosed to us.

I have disclosed everything to y'all but maybe by not telling them , they never asked about it and therefore they issued it to us. I hope it just means she has full custody 

59 minutes ago, Ontarkie said:

I would never say take the child without his consent without knowing the laws there. You should ask in the Regional forum about custody laws there. Does she have anything stating she has sole custody any type of court order? 

The US never wants to get involved in international custody laws so there must be something there that gives her sole custody or they would not have issued the K2. 

 

 

I'm going to move this thread so you can get answers from members that may have experienced with custody in Peru. 

It would not hurt for her to call a family law attorney there to see if she needs his consent or not. 

 

 

~~Moved to the Regional Forum, from K1 Progress Reports - As the OP's questions is parental consent for a K2~~

Thank you, so you think if they issued K2 then she probably has sole custody . Because she has traveled internationally with child before but they asked for permission for child, but maybe that is just custom and they ask everyone going through. I hope someone knows the Peru custody laws here. In the meantime I will have her contact family law lawyer.

Thank you very much 

41 minutes ago, Georgia16 said:

If the sons father don’t want to give permission for him to leave why didn’t you wait to have the interview till that was in place? 

 

Doubt a a judge will give permission just because you can give him a decorated home. 

 

How old is the boy? And what is the reason that the father don’t want to give permission? 

Well it took over 1 year and half from submission to interview 

And the son is 3 years old and his father works 30 days away at a time and then 2 weeks at home but he is just giving her hell even though she told him the son could visit for all vacations he want ( I have flight benefits) and sometimes during summer breaks . He just doesn't want her to leave 

39 minutes ago, Paul & Mary said:

OP,

There is no way that will realistically occur.  You will have to file the AOS packets with a marriage certificate and await the NOA before you can even ask for an expedite. 2 Weeks doubtful, 2 months still pretty doubtful.

 

How did she get the K2 without the father's permission to start with?

So with the timeframe you mention she wouldn't be able to handle away from 3 year old son and would look bad for our case of trying to bring him if she left him that long for an expedite.

I guess I have no idea how we got the K2 without the father's permission. 

He thinks she is trying to come here just to work, he has no idea about me 

54 minutes ago, arken said:

Highly unlikely....

 

 

May be the better option in the given timeframe. Pursue CR1 thereafter. Not sure if collecting evidences of better life is realistic or enforceable by the judge though.

Thanks for both of your replies, atleast with CR1 she will be my wife and can have some benefits of that

52 minutes ago, Ben&Zian said:

There are cases of getting the K-1 extended, not often, but has happened, main thing will be about having a valid medical still... also it has to be under good circumstances, so the embassy might not view this as their issue and not want to extend it... If you absolutely need this information to get a signature from the father, I'd do it now and rush and just be done with it instead of trying to get her to enter, marry, and return.. Mean that just seems like a lot.

 

She could always enter on the K-1, marry, then you file for AOS and ask for an AP expedite so she could return home, but that could still takes months, but whathappens with the K-2 then I don't know or how she would bring him here later.

Thanks for your reply, and we are not completely sure if this evidence would encourage him to sign or not and even then to get a judge involved would be later than July 19th from what she tells me. 

We just don't want her to leave her son behind for months, she barely can do a couple weeks but to get evidence she could use later to a judge might help him signing in the future. 

How long do AP expedites normally take?

57 minutes ago, Ontarkie said:

How did her son get a K2 visa without permission to leave? They don't normally give that without the other parent's consent unless it is the country's laws that the mother has sole custody to begin with. 

Well they were never married, and I am not completely sure about Peru's custody laws. But if he was able to get K2 visa, does that mean we need signature for him to come or can she just bring him along and the father can't do anything? 

Just Fyi even though he doesn't have custody, the son has his last name on birth certificate 

Hello everyone, 

My fiance and her son have K1 and K2 visa which will expire July 19 , she is having problems getting signature from her son's father for permission to being her son to USA . 

We have a couple questions 

Is it possible to get an extension for their visas and I can send her proof that her son will have better life here ( best schools, his room decorated, etc. ) that way she can show a judge that and they can make the father sign the permission .

Or if she entered before July 19 without her son, and we get married but she only stays 2 weeks to collect evidence of better life, if she returns to Peru I know we will have to start Visa over and as married couple but will it be easier or harder since she had a Visa before as fiance?

Does anyone know? 

Hello, I am wondering once Embassy forwards papers with details on what to collect and fill out forms before interview. How long do we have to schedule the interview and finish DS-160 for her and her son. We need to renew her passport as it will expire in less than 6 months and she is busy with finishing university and has no real free time . Are we pressed for time or can we submit next month? She received the papers 30 September from the embassy. 

I want to thank everyone for their help! It helped me get my NOA2, I am so eternally grateful to you all!!😍

5 hours ago, Amadia said:

OP,

Did you update your address with USCIS after you moved?

It is a requirement to do so within 10 days of moving to the new address.

 

What would have happened if they had denied the application and mailed that notice to your old address? Your excuse of "not knowing since you moved" would not have sufficed then.

I have changed the address since then and received new papers of the rfe

8 minutes ago, kris&me said:

not only send the okcupid terms and conditions but send a print out of the first initial meeting on there

Alright, I will if I have it still. I took screenshots before deleting the accounts ( both accounts are deleted)

12 minutes ago, Jaquelly said:

Oh gosh uh...

 

To whom it concerns,

 

My fiance, (name) and I met on (date) on the website http://www.okcupid.com, which is a dating website. However, OkCupid is a free service that offers paid features, but they do not provide paid matchmaking services. 

I have included the website terms of service, which states that the users are responsible for their own interactions with other members.

 

OkCupid is not an IMBRA website.

 

I have included a copy of our response to page 8, part 2, question 54 in this response letter.

 

With Regards,

Your name

Signature

Thank you so much !!

11 minutes ago, Jaquelly said:

Yeah It sucks, because it really is just luck of the draw when it comes to who looks over your application. Luckily, once you answer it, the RFE response goes quickly (from what I've seen). I wish you luck - if you need help, let me know

Have you seen any good templates ? And I should include a cover letter,  letter about that no, I didnt meet through an IMBRA but through OKCUPID and have their terms and conditions attached? Nothing else? I do not want to do it wrong, I sign the papers or just put date and my name?

2 minutes ago, Jaquelly said:

 So that's what we did for I-129F page 8, part 2, question 54, which is how we addressed the IMBRA topic. I think we also included a copy of the TOS. 

Thank you and I submitted similar evidence but did not address it to that question. I addressed to how we met and I provided proof there which I think is question 34 . I explained everything and had proof of airline tickets, and of screenshots of messages from okcupid and whatsapp

3 minutes ago, Jaquelly said:

Yeah, ok. That helps a lot! We met on OkCupid as well.

 

https://www.okcupid.com/legal/terms

 

 

Thank you very much, I will see these posts and probably Its the final help I need concerning this post. I really appreciate everyone's quick and wonderful help. And congratulations to all

4 minutes ago, Jaquelly said:

What website did you meet on? That will give us more information.

The app "OKCupid"

But as far as the cover letter and the letter I say that no , I did not meet through International Marriage Broker but mutually through an app 

8 minutes ago, EM_Vandaveer said:

It is true. Also, you have to send an answer to the RFE otherwise they'll deny your case. Just print out the site's Terms and Conditions saying its NOT an IMB. The issue is (I think) that you checked no but provided no proof.

So is there a certain template you or anyone else would recommend and the information I should say before the copy of Terms and conditions ? 

I am so nervous now

Hello, this is my first post . 

Basically what happened is that I sent I-129F K1 and received NOA1 on November 16, 2017. Since then I did not receive RFE until June but I did not know because I had moved and never received it. So I requested for them to send again on 23 July 2018 and only received it yesterday 15 August 2018. The RFE is in regards to if I met my fiancee with an I.M.B. ( International Marriage Broker) Question #55. 

Now I am 1000% sure I answered this question and I checked the file from where I printed my form and also asked my fiance who has a copy of everything we sent in, and it's answered.  

I called the USCIS yesterday and explained to officer and she transferred me to Level 2 agent but was a call back wait of 220 minutes and I never received my call back. So I called this morning and the officer told me the level 2 agent does not have access to check file if I answered or not. 

Is this true? Because this mistake has cost me over 2 more months! And making it already 9 months since i recieved NOA1 .