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blue123

Parental consent from father needed?

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I was reading an old thread about this but couldn't seem to find info that would apply to my case.

My son is 12 years old, I was never married to his father but his father's name is on his BC.

His father has not been interested in him since he was 2 months old, and has not seen him for over 10 years. We have had no contact with his father in the last 10 years and have no idea of his whereabouts. I moved to Austria 9 years ago with my son it will be impossible to get any letter of consent from him, but under UK law as we were never married he has no parental rights over him.

I read an old post which mentions getting a notarized letter from the father to take him out of the UK to live is a requirement of Embassy in UK, but as we already left the UK 9 years ago would this apply us?

I am reluctant to contact the embassy here in Austria to ask them as it may bring up problems that may not even arise.

Any advice?

California Service Center

Consulate: Vienna, Austria

01/09/2008: Marriage

01/22/2009: I-130 Sent

02/10/2009: I-130 NOA1

02/12/2009: I-129 Sent

03/03/2009: I-129 NOA1

03/16/2009: I-130 NOA2 I-129 NOA2

NVC Journey CR-1

04/03/2009: NVC Received and Case number assigned

04/06/2009: IV bill/AOS Fee bill generated (for son)

04/06/2009: Pay I-864 Fee Bill online (for son)Paid I-864 Fee Bill online (for son)

04/07/2009: IV bill/AOS Fee bill (for son) status shows paid

04/08/2009: IV bill/AOS Fee bill generated (for me) Pay I-864 Fee Bill online (for me)

04/09/2009: IV bill/AOS Fee bill (for me) status shows paid

04/09/2009: Received I-864/DS-230 package

04/28/2009: Send completed I-864 package Send completed DS-230 package

05/18/2009: Package entered into system

05/27/2009: AVR says RFE sent by email

06/02/2009: Received RFE by email Sent RFE DHL

06/08/2009: NVC received RFE

06/10/2009: RFE entered into AVR

06/19/2009: Case Completed at NVC

07/08/2009: NVC Left

Embassy Journey CR-1

07/12/2009: Received by embassy

08/24/2009: Medical

08/25/2009: Interview Date

08/26/2009: Visa in hand

09/14/2009: POE Boston Harbour

01/18/2011: I-751 sent to CSC

01/24/2011: NOA1

03/04/2011: Biometrics

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Filed: AOS (apr) Country: Philippines
Timeline
I am reluctant to contact the embassy here in Austria to ask them as it may bring up problems that may not even arise.

don't be reluctant... if it is an issue for the consulate it will come forward whether you contact them now or never....

YMMV

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Filed: Citizen (apr) Country: England
Timeline

If you can't get consent from the father you can get a court order allowing you to take your son out of the UK. I believe the Embassy will insist on one or the other.

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I am reluctant to contact the embassy here in Austria to ask them as it may bring up problems that may not even arise.

don't be reluctant... if it is an issue for the consulate it will come forward whether you contact them now or never....

I agree...be prepared, especially if you have to get a court order. I had a letter prepared even though I wasn't sure I would be asked for one, I got a phone call from the embassy offering me an emergency interview and the guy on the phone asked me if I had my consent letter from my son's natural father, had I not been prepared for it there would have been no way I could have made that emergency appointment.

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If you can't get consent from the father you can get a court order allowing you to take your son out of the UK. I believe the Embassy will insist on one or the other.

That's the thing, we are already out of the UK.

California Service Center

Consulate: Vienna, Austria

01/09/2008: Marriage

01/22/2009: I-130 Sent

02/10/2009: I-130 NOA1

02/12/2009: I-129 Sent

03/03/2009: I-129 NOA1

03/16/2009: I-130 NOA2 I-129 NOA2

NVC Journey CR-1

04/03/2009: NVC Received and Case number assigned

04/06/2009: IV bill/AOS Fee bill generated (for son)

04/06/2009: Pay I-864 Fee Bill online (for son)Paid I-864 Fee Bill online (for son)

04/07/2009: IV bill/AOS Fee bill (for son) status shows paid

04/08/2009: IV bill/AOS Fee bill generated (for me) Pay I-864 Fee Bill online (for me)

04/09/2009: IV bill/AOS Fee bill (for me) status shows paid

04/09/2009: Received I-864/DS-230 package

04/28/2009: Send completed I-864 package Send completed DS-230 package

05/18/2009: Package entered into system

05/27/2009: AVR says RFE sent by email

06/02/2009: Received RFE by email Sent RFE DHL

06/08/2009: NVC received RFE

06/10/2009: RFE entered into AVR

06/19/2009: Case Completed at NVC

07/08/2009: NVC Left

Embassy Journey CR-1

07/12/2009: Received by embassy

08/24/2009: Medical

08/25/2009: Interview Date

08/26/2009: Visa in hand

09/14/2009: POE Boston Harbour

01/18/2011: I-751 sent to CSC

01/24/2011: NOA1

03/04/2011: Biometrics

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Share on other sites

If you can't get consent from the father you can get a court order allowing you to take your son out of the UK. I believe the Embassy will insist on one or the other.

That's the thing, we are already out of the UK.

To be honest this is an American Embassy requirement, therefore I would guess it is across the board regardless of which country you are filing from. My son's father also has no parental rights and therefore I am entitled to take him out of the UK without his father's permission, but if the country I wish to enter requires consent then it makes no difference.

Your best bet is to contact the embassy in Austria so you know the answer for sure.

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