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pgbeau1

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Posts posted by pgbeau1

  1. Send a copy of the final decree, the one that is the end of the whole process of divorce, meaning you are "available" to marry again. We got an RFE for sending a partial part instead of the final document.

    I just sent in my I-129F. I had a copy of the signature page that stated divorce decree was official, but it was not the final version with county clerk filing date stamp. And when a lawyer I had helping me reviewed it he pointed it out as likely red flag.

    So even though it ended up delaying my sending in the I-129F by 3 weeks, as it turned out, I called the county/court clerk and requested an official certified copy of the divorce decree.

    Mine is several pages long, has the final decree page with all official signatures including filing date stamp of the clerk's office and it says "certified" copy and signed by clerk, and has a gold seal stuck on the spot where the photocopied seal is.

    It looks real cheesy, like a gold embossed stamp I coulda got from K-mart, but it's what they give. So I photocopied that and included it in the I-129F application. And I will bring the original with the cheesy gold stamp to our interview.

  2. Original Decrees reside at the Courthouse forever and ever. You may never have the Original.

    Original Certified Copies are issued when you are divorced and or request a new one (for a nominal fee) (This would be the copy with the seal affixed to it) If I remember correct I was charged a whopping 25 cents for the "Original Certified Copies" I requested.

    Photocopies of certified copies are typically accepted at the petition stage and at the interview level they typically want to see the Original Certified Copy (the one with the gold seal affixed).

    Its easy to get confused about "copies". An Original Certified Copy is in fact a photo copy provided by the courthouse but in addition it is "certified" by affixing the gold seal and stamping the official impression onto it.

    Yeah, I am in the process of filing my initial 129F and when my atty reviewed my package he warned me that my divorce doc photocopy wasn't likely going to pass muster. Glad to know that, I also live states away from there and many moons, so am anxiously awaiting a copy in the mail from the county clerk in the court/city where it was filed.

    So at least I'll have my proper divorce docs and that won't hold us up later.

  3. thanks for replying , thanks for taking the time to try to help me. i am going to try everything and seek out every option available.

    *****************************

    Yes you need the permission letter/court order before the interview or the K2 cannot be issued. FYI for other VJ members. This is something to be cared about before you file the petition. DO NOT start down this road without clearing all the hurdles, if children are involved this needs to be taken care of FIRST.

    A court order of sole custody will substitute but the order must include transport rights for the mother.

    The permission letter needs to state clearly that the father gives permission for the mother to relocate the child PERMANENTLY to the UNITED STATES. It must be notarized and you must have a copy of the father's passport (or other government ID) photo and signature page (if other ID is used it must bear a photo and signature)

    ********************

    Ok, sorry but i am STILL unclear on the technicality of these requirements, so pardon if I beat a dead horse as I am also facing this and trying to figure it out for CERTAIN:

    it is STILL not clear to me about the court order and the permission letter. Are they 2 separate things that are BOTH NEEDED? Or is only ONE of them needed? And the timing of it is not clear, because someone else said the permission letter has only a 30-day validity, so obviously you can't get that until you are 30 days or less away from your scheduled flight out of the country, while you are implying you need to get it way ahead of time to be sure to have it ready to bring to the K1/K2 interview. A document that has a 30-day expiration isn't worth getting way ahead of time.

    In my case, the father is on the birth certificate but they were never married, the intent is to bring the child and mother at the same time, so the K1/K2 will be addressed at the K1 interview.

  4. Ok, I am in the early process myself, one child involved, father is on birth certificate, never married. What i have learned so far:

    Need signed affidavit of permission by father giving permission, with lawyer signing as witness,for child to leave country to live with her mother for permanent residence in [uS].

    Then that has to be taken to court in her country and approved by court, told it takes 2 or 3 weeks. And need copy of father's cedula/passport if he has one, and be sure that that ID has his signature visible on your copy.

    Also have been warned on the back end: you are talking about child going back and forth for visits, but I have been warned/informed that the minor child (until age of 18) who re-enters her native country will need a signed affidavit of permission from the father to leave the country EVERY time. (This is for the DR that I have info, don't know if that varies country to country.)

    I feel same way about being cool with maintaining their father/child bond--but because of the stupid law that requires a permission every single time to re-exit the native country, well, sad but true BUT I will not want to risk losing the child at some future point if the father suddenly becomes antagonistic and won't allow the child to leave on some nice visit we set up for him at our expense no less. So if I have my choice, once my fiancee and her child are here the child won't be going back, too risky.

    I also have same fears you have. Getting a "permission to leave country for permanent residence in USA" signature from the father is one thing, and he has expressed no problem with doing that, but if in fact I need him to sign away all custody rights, that is totally different wording and I don't want to antagonize him and word it that way if not needed.

    I myself still don't have a 100% certain straight answer to this latter: will a signed/notarized/court approved statement that: "I, the father of X, give permission to leave country for permanent residence in USA to live with her mother" document suffice; or does the document have to actually say in some form or wording as well, "and I relinquish all custody rights by signing this document." Does the "give up all custody rights to the child[ren]" have to be part of the permission statement or not.

    In my case, the father is on the birth certificate but they were never married and have no legal custody arrangement. As far as I know, most countries consider the MOTHER the legal custodian by default if there was no actual marriage between the parents of the child.

  5. Anyone been through parent permission in the Dominican Republic? ANYONE???? Thanks.

    Hi,

    Thanks in advance for any help/insight on this. The country of my fiancee is the Dominican Republic, and I am bringing her to the United States.

    My Dominican fiancee for whom I am submitting a US fiancee K-1 visa application has one minor child that she will bring with her to the US. She was never married to the father of the child, but the father IS listed on the child's birth certificate.

    There is no formal custody agreement, and the child currently spends time with both of them, mostly out of convenience due to the mother's work hours, otherwise the child would be with her full time.

    The father has already said he will allow the child to leave the country to be with her mother.

    Is a simple certified/notarized letter by the father signed in the presence of a lawyer stating that he gives permission for the child to leave the country to live with the mother and her fiance, me, all that is needed?

    Or does the father have to sign something that says he releases all custody rights as well?

    Do we need copy of father's cedula and copies of his birth certificate as well to satisfy Dominican exit customs and US entrance customs?

    Or is the notarized permission letter all we need along with the approved K-1 visa docs?

  6. Hi,

    Thanks in advance for any help/insight on this. The country of my fiancee is the Dominican Republic, and I am bringing her to the United States.

    My Dominican fiancee for whom I am submitting a US fiancee K-1 visa application has one minor child that she will bring with her to the US. She was never married to the father of the child, but the father IS listed on the child's birth certificate.

    There is no formal custody agreement, and the child currently spends time with both of them, mostly out of convenience due to the mother's work hours, otherwise the child would be with her full time.

    The father has already said he will allow the child to leave the country to be with her mother.

    Is a simple certified/notarized letter by the father signed in the presence of a lawyer stating that he gives permission for the child to leave the country to live with the mother and her fiance, me, all that is needed?

    Or does the father have to sign something that says he releases all custody rights as well?

    Do we need copy of father's cedula and copies of his birth certificate as well to satisfy Dominican exit customs and US entrance customs?

    Or is the notarized permission letter all we need along with the approved K-1 visa docs?

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