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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.

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.🌹

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!

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.

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!