Proving - Single Status

[kennym 275]

Good afternoon all..

I am engaged to a Colombian woman and am begining the K1 Process.. I am not sure what to expect, so this site seems to be a wonderful place for help..

I have been engaged for over 1 year and met my fiance in Nov 2006.. I have made at least 20 trips to visit her in Colombia and currently share an apartment.. I currenlty have a job which requires extensive travel, so it provides the flexibility to travel to see my fiancee often.. I still maintain a home in the US.. I have known her for quiet some time and feel strongly that our relationship is ready for the next steps..

I have 2 questions..

• My first question is what is needed for my fiance to show she has never been married.. She has a child, but was never married to the father..
  
• The Second question involves the k1/k2 Visa.. I have an agreement with the daughters father that we would not take her to the US at least until he is comfortable that her mom is settled in and doesn't ecounter any issues durring the transition.. I think this is a reasonable request, and have discussed this at great length with my fiancee. So, how would I go about completing the K1/K2 Visa application and how would this affect the success of the visa process?
  

I simply want to understand the issues and be prepared on how to address each of these questions.. Any thoughts would be helpful...

Kenny

[Audy_Rob 26]

This is a little difficult to explain.

You do not need to prove she is single. Some countries do keep a database of marriage and if necessary, you can only show she is single if they keep a database in Colombia. They will not ask for that. You are going to need very strong documentation from the biological father stating that he is giving his permission for the child to emigrate to the USA.

It sounds like the father is NOT ready to do that.

You need to think about what time frame is right for bringing the child to the USA. More than 6 months or less than 6 months.

The K-2 visa for the child is a derivative visa from approval of the K-1. When your fiancees K-1 is approved by the Embassy then the child would automatically have a K-2 visa if you ask for it. You do not have to ask for it yet. You can reapply later. The K-2 derivative visa is valid for 6 months after approval. Your fiancee could come through and try to get settled. Then within six months the child could come on the derivative K-2.

I do not think at this time you can get the derivative K-2 without a solid document from the father which he won't issue until he is comfortable with his son's future domicile.

You need to discuss your options with your fiancee and what sounds like a reasonable and concerned father of the child

Good luck.

[baron555 934]

[*]My first question is what is needed for my fiance to show she has never been married.. She has a child, but was never married to the father..

There is no proof of being single. She just needs the certified birth certificate for use at the interview.

[*]The Second question involves the k1/k2 Visa.. I have an agreement with the daughters father that we would not take her to the US at least until he is comfortable that her mom is settled in and doesn't ecounter any issues durring the transition.. I think this is a reasonable request, and have discussed this at great length with my fiancee.

You have to list all her children on the I-129F form. Then on one of the forms to be sent for the interview you will list any children that you want to have a K-2 granted. You also can list them either to Come With or To Follow. Sounds like you want the To Follow option. You will have 1 year (not 6 months as previously posted) to arrange for this child to have their interview at the Embassy (yes a second interview) and then they can come to the US.

Now here is your kicker, you WILL need a signed, legal document from the father for use at HER interview that he is allowing the child to move to the US, permanently. There can be no restrictions to this. You will have to have an understanding with the father that you will honor his wishes and inform him if there are any issues the mother has during her transition. You can have the K-2 visa issued but also never use it, with no penalty.

So, how would I go about completing the K1/K2 Visa application and how would this affect the success of the visa process?

I simply want to understand the issues and be prepared on how to address each of these questions.. Any thoughts would be helpful...

Kenny

Edited February 16, 2010 by baron555

[kennym 275]

Audy_Rob

Thanks for your quick response.. I am really nervous about getting this right the first time, so I am trying to make sure I identify all the potential obstacles...

Thank you

[dakay ♥ 10]

• My first question is what is needed for my fiance to show she has never been married.. She has a child, but was never married to the father..
  

Birth certificates with marginal notes, it is enough to demonstrate she never has been married

The Second question involves the k1/k2 Visa.. I have an agreement with the daughters father that we would not take her to the US at least until he is comfortable that her mom is settled in and doesn't ecounter any issues durring the transition.. I think this is a reasonable request, and have discussed this at great length with my fiancee. So, how would I go about completing the K1/K2 Visa application and how would this affect the success of the visa process?

when you get visa approved they have 6 months to enter USA.

More information go to the embassy page: K Instructions the first link Instruction Package for Immigrant Visa Applicants

[dakay ♥ 10]

there is something important, if the child has less than 18 years old she must get permission from the father to take him out of the country, she can go to the DAS to get it

[Rob and Jill 82]

I have an agreement with the daughters father that we would not take her to the US at least until he is comfortable that her mom is settled in and doesn't ecounter any issues durring the transition..

This makes me raise an eyebrow. I would hate for the child's mother to leave her country and the father say "Oooops changed my mind", and file for custody based on abandonment from the mother or something of the sort. Please go the 100% custody legal way for this however it is handled in her home country.

[kennym 275]

This was the first thing we had to work though in our relationship, which is one of the reasons we had delayed the K1 Application.. We have been engaged since Christmas 2008, however, early last year we experienced some concern over the fathers intent to give permission.. We've since have worked with the father to pursue this issue in a peaceful manner and, working with the father, we came up with our plan..

I strongly believe that my Fiance (Maritza) would not consider leaving her country if she felt the father would in anyway jeopardize the relationship she has with her daughter.. Maritza has a high level of peace about the fathers intentions at this point.. I know everyon realize how complex these issues are. They are certainly not easy for any of the people involved, as there are many conflicting issues involved (mothers love for here daughter, Fathers love for daughter, My Relationship with Maritza and her daughter).. It has always been my feeling that the relationship between Mother and Daughter was first and foremost. Maritza and I have talked about this at great length and feel that all the relationships (Daughters, mother/father myself/my fiancee) have been developed to the point where we can consider moving forward with the VISA Process..

Thanks for those thoughts and we are always open to hearing those kinds of concerns so we can address them.. I am certain that if she attempted to obtain 100% custody, we would have a fight that we may not win due to some of the cultural issues here.. My feelings are we continue to pursue the peaceful route rather than try to start a huge and painful battle.. I sincerely believe the father has his daughters best interest in mind and won't do anything to ruin the relationship that the daughter has with her mom..

Any comments are welcome

Thank you all for your responses...

[az110965 252]

Sounds like the biological dad is being reasonable and more importantly - a good, thoughful and caring dad. One of the very few situations of a proper father I've heard or read about on this forum.

Kudos to you for recognizing that you're more apt to get what you ultimately want by alieving the dad's concerns rather than to try and strong-arm him. I also agree with your interpretation of the importance of your fiancee's rtelationship with her daughter.

Best of luck to you and your fiancee in your future life together.

Alan