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JohninAZ

K2 question and childs family name upon moving to the US

By JohninAZ in K-1 Fiance(e) Visa Process & Procedures

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JohninAZ Rookie

JohninAZ   0

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Filed: K-1 Visa Country: China
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So my fiancé and her daughter were approved and will be coming to the US May 16th (yeah!). So my fiancé was divorced, the child has the fathers family name. He signed off for her to come here and there is no support paid ever by him. I have to be able to support both of them when they come here but I am curious if because of the K2 the daughter will assume my family name. If not is this then considered an adoption and I will have to go through that process ?

Anyone with any experience in this I would greatly appreciate your input.

TIA

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Ontarkie Grand Master

Ontarkie   14,133

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Filed: Citizen (apr) Country: Canada
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She will not get your last name or would this (k2) be an adoption you will become her stepfather that's all.

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baron555 Veteran

baron555   934

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Filed: AOS (apr) Country: Kenya
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Posted

You'd have to go through a formal adoption process for the child to take your name.

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aaron2020 Grand Master

aaron2020   11,651

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Filed: Country: Vietnam (no flag)
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There is no legal basis for the child to assume your name.

You are a step-father.

Petitioning a visa for the child does not make this an adoption.

If you want to change the child's name, then you need a court order. You will also need the father's consent.

If you want to adopt the child, then you need a court order. You will also need the father's consent since the adoption would permanently and legally sever his ties to his child.

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JohninAZ Rookie

JohninAZ   0

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Filed: K-1 Visa Country: China
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Posted

That's what I thought so thank you all for the information. The father hasn't had contact with the child in 10 years (shes 12) and signed the consent to move to the US form without even asking about the child so I am sure he will sign whatever is needed to completely divide himself from her even more and allow me to adopt her. I just don't understand how some parents can disown there children so easily. Happens in the US all the time also. I despise my EX but never once turned my back on my kids. Oh well...... this will all workout as it should also.

Met online 10/7/2012smile.png
Skype/Yahoo 10/10/2012content.gif
Met in China 6/14/2013wow.gif
Dinner with family 6/19/2013, accepted with blessingeb0dfafc.gif
Hired immigration attorney 7/5/2013good.gif
Should be filing all initial docs by 9/30/2013 or soonerkicking.gif
Returning to China 12/21/2013 for 3 weeks dancin5hr.gif
Skip ahead, interview 4/10/14 approved !!!!! :dancing:
Passports in hand, 4/19/14 :content:

Airline tickets to LA POE, 5/16/14 :thumbs:
Party till the sun comes up 5/17/14 :jest:

Married 7/12/14 :dancing:

AOS mailed 9/18/14

AOS received 9/19/14

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aaron2020 Grand Master

aaron2020   11,651

Posted
Filed: Country: Vietnam (no flag)
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Posted

That's what I thought so thank you all for the information. The father hasn't had contact with the child in 10 years (shes 12) and signed the consent to move to the US form without even asking about the child so I am sure he will sign whatever is needed to completely divide himself from her even more and allow me to adopt her. I just don't understand how some parents can disown there children so easily. Happens in the US all the time also. I despise my EX but never once turned my back on my kids. Oh well...... this will all workout as it should also.

It does not matter that he has not been involved. He is still the legal father. You will need his consent for the adoption.

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  • 4 months later...
zinger143 Explorer

zinger143   3

Posted
Filed: K-1 Visa Country: Bolivia
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Posted

JohninAZ, just wondering what happened with your situation? I am sure adoption procedures are different from state to state, but what type of documentation would be accepted internationally as recognition that the parent is giving up their rights so you the US citizen may adopt that child. I will want to adopt my step daughter when she comes, but I have no idea what type of paperwork the US would accept. I would have to go through an official translator, and it would have to be notarized, but you don't want to do all that paperwork and spend all that money only to have them not accept it. So I was just wondering if you had followed through with this and if so what type of paperwork you had to submit?

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  • 4 months later...
guitarman7 Contributor

guitarman7   2

Posted
Filed: K-1 Visa Country: Ukraine
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Posted

I'm also interested in this topic. I would like to adopt her two young sons. Her divorce was fairly 'friendly', so I would assure her ex, that I would certainly allow communication between him and his sons. I would speak with him about this before going forward with the adoptions. We definitely do not want to severe all connections between them.

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aaron2020 Grand Master

aaron2020   11,651

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Filed: Country: Vietnam (no flag)
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Posted

I'm also interested in this topic. I would like to adopt her two young sons. Her divorce was fairly 'friendly', so I would assure her ex, that I would certainly allow communication between him and his sons. I would speak with him about this before going forward with the adoptions. We definitely do not want to severe all connections between them.

The adoption would sever all legal ties between them.

A child can have only one legal father. You or him.

If you adopt them, they can never petition their father since there would be no legal familial ties between them.

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