Canadian K2

[Jeremy + Kristy 0]

We keep hitting snags with my fiancée's daughter's application and preparing documents. So that I'm better armed for anything else upcoming, what should I do before the interview?

1. Does the original court order need to be changed? It says that Kristy has sole custody, and her ex-boyfriend (the biological father) has visitation every other weekend. However, the BF has never visited his daughter regularly like that. It's been probably four months or so that the BF has even seen his daughter, and he maybe talks to her on the phone once a month. How does one file to have the court order changed? If we don't change it, we have the issue of "denying access" to his daughter because of Advance Parole issues, don't we? How should that be worded in the court order?

2. In another thread, it was mentioned that a sworn statement from the BF is needed at the consulate, giving permission from the BF to allow the immigration. How does one go about getting something notarized in Canada? They don't just have a notary public at your bank like most banks here in the US do.

3. Won't happen until after Kristy and I are married, but what government would we be dealing with when try to get the BF to drop parental rights and have me do a step-parent adoption?

Those are just some of the things floating around in my head right now. If I'm missing anything else, please let me know.

Thanks,

Jeremy

[raymaga 25]

Hi Jeremy:

I just answered your PM and then saw this post.

I believe if your fiance has "sole custody" that she does not need permission from the biological father to bring her daughter to the U.S. The Statutory Declaration I got for my daughter was necessary because my ex-husband and I had "joint custody" of my daughter.

I emailed the Vancouver consulate with any questions I had regarding my daughter's K-2 application, and they were very helpful in answering me. Are you going thru the Montreal Consulate or the Vancouver Consulate?

Edit: Sorry, just noticed you are going thru the Montreal Consulate. I would email them with any questions you have. I don't think they are as quick as responding as the Vancouver Consulate, but it's better to get the answers you want from the experts.

Edited June 25, 2007 by raymaga

[Davin and Rachel 0]

Im pretty sure, if im understanding your situation correctly... You'll need to clear that up with the Canadian Gov. But, if the paperwork says she has sole custady, you may not have much of an issue (other than working out the visitation issue)

Also, im not too sure you really need to go down the road of a formal "adoption", the child should be able to enter under your fiancee's application.

Mind you, this is only my humble un-educated opinion, but I think that all you'll need to do, is come to some form of an agreement with... whatever the canadiian equivilent of "Freind of the Court" is... to either waive the visitation for a year, or clairify that he would need to come to the states to visit. Rest of it should not really be a problem for you (after you manage to get the passport at least)

[Jeremy + Kristy 0]

Im pretty sure, if im understanding your situation correctly... You'll need to clear that up with the Canadian Gov. But, if the paperwork says she has sole custady, you may not have much of an issue (other than working out the visitation issue)

Also, im not too sure you really need to go down the road of a formal "adoption", the child should be able to enter under your fiancee's application.

Mind you, this is only my humble un-educated opinion, but I think that all you'll need to do, is come to some form of an agreement with... whatever the canadiian equivilent of "Freind of the Court" is... to either waive the visitation for a year, or clairify that he would need to come to the states to visit. Rest of it should not really be a problem for you (after you manage to get the passport at least)

Yeah, I'm assuming that there won't be a problem once she is able to get her passport. I mean, that's just what the K2 is for, other than K1 widows or widowers. It was even hard getting my future step-daughter's long form BC, since the father had checked the little box that said that they don't agree on the last name. So, unbeknownst to my fiancée, her daughter's last name has legally been hyphenated.

And, the adoption thing wouldn't be until down the road when we are married and such, anyway. Just a little frustrated, and would rather not have anything like this crop up in the future, since I know the BF won't be around.

[Chica Yeyé 41]

I had a flashback to my dark past.... an ex-boyfriend was granted SOLE custody by a Canadian court, and he still needed his ex-wife's signature to get the spawn (I mean, the kid...) a passport. So better double check with both the consulate AND the Canadian government.

Best of luck, L.

[raymaga 25]

I do remember having to give my permission for my ex-husband to get my daughter a passport, even though we had joint custody of my daughter. I just signed the form, I believe.

[Kathryn41 3,205]

Also, you can find Notary Publics listed in the yellow pages for your area. Many lawyers can also act as a notary public - just call them up and ask. There is a nominal fee for the service.

[Cristy 4]

I had sole custody. Their dad was never in their lives. It was questioned but never an issue.

Edited June 27, 2007 by whatchatalkinboutwillis