Can Bio-Dad stop K-2 daughter?

[Mr Bill 0]

Here is a tough one! I understand that my K-1 fiancee's daughter can come into the US automatically on a K-2 visa. However, I am wondering whether the biological father (who has given no financial support and only met the daughter once by accident) can prevent the daughter from leaving the country (Peru) once we finally have everything in place.

Does anyone have any insight on this one?

[payxibka 10,047]

Here is a tough one! I understand that my K-1 fiancee's daughter can come into the US automatically on a K-2 visa. However, I am wondering whether the biological father (who has given no financial support and only met the daughter once by accident) can prevent the daughter from leaving the country (Peru) once we finally have everything in place.

Does anyone have any insight on this one?

Without permission from the bio-dad or without a judicial court order... it is possible

[john_and_marlene 162]

You will need either the father's permission or a court order allowing the immigration.

[mox 298]

Here is a tough one! I understand that my K-1 fiancee's daughter can come into the US automatically on a K-2 visa. However, I am wondering whether the biological father (who has given no financial support and only met the daughter once by accident) can prevent the daughter from leaving the country (Peru) once we finally have everything in place.

Does anyone have any insight on this one?

If the daughter is under 18, you will have to get a letter of permission from the father to let her leave the country. The letter will need to be certified/notarized in whatever fashion the consulate in Peru requires.

[perfect 39]

True - you will either need his written permission or a court order to remove the child from the country.

My son's father had not seen him since he was aged 2½ years old, had never paid chid support and was a non-entity in his life. Even though he hadn't seen the child in 14 years and had made no attempt to be a factor in our lives, when he found out I was planning on moving to the US he wrote to the embassy and told them not to issue a visa. On that basis the visa would have been refused if I had not had evidence that the court had given me permission to remove the child, who by this time was 16 years old!

[Eric-Pris 1,607]

I'm in a similar situation. Whether or not they support the child or have even met them is irrelevant in most countries. In my case, the deadbeat hasn't helped my fiancee with one dime in 3 years, but then told her he would never allow her to move with the kid (whom he sees every few weeks). But she had a long talk with him and was able to convince him to allow it for the good of the kid (as long as she dropped her child support claim against him).

In Costa Rica, my fiancee has to go with the father just to apply for the child's passport and then he has to sign another paper (Permiso de Salida) to allow the kid to leave the country.

I hear many Central and South American countries have these kinds of strict rules in place, in regards to children travelling outside the country. I heard that the reason may be human trafficking, especially children.

The bio-father can cause a real mess for you. If she goes to court to get the court order it will take many months, if not years, and will cost you lawyer fees, filing fees, etc. Another option is to buy him off if he's against it. You'd be surprised how quickly things change once money is on the table.

Edited March 18, 2008 by kid brooklyn

[BRIAN AND ISA 0]

We had a similar situation. At first the biological father was not cooperating even though he had not seen her in years or supported her. He finally went and had a paper drawn up and notarized that allowed the daughter to live in the states. You will nee a notorized letter or the courts permission for her to come with you. Good luck with every thing.

[dbears 1]

Gosh! This is so sad ... i am sure glad that in the Philippines the child is under the full custody and authority of the mother as long as there was no legal marriage between the mother and biological father. Any letter nor court order from the biological father is not required for an illegitimate child to leave the country as long as he/she would be traveling with the biological mother.

I am in a similar situation, I have two kids who I raised on my own for the past 8 years... the biological father did help out the first year we parted ways but after that not a single dime. I don't even know where he is now, last time I heard he's got some 2 other kids with other women. I can't imagine how frustrating it will be if I will be required to seek him out just to get a letter of approval for the kids travel.

I wish everything will turn out ok for you and your fiancee and may you have a happy family life together. God speed.

[NArocks 13]

YES it can cause serious problem, when we sent in the DS-230 we needed to also include a notorized letter ( this is just for the NVC ) that the mother ( in my case the MOM ) will allow the children to immigrate to the US. This was an RFE we received see my timeline. You will also need a paper from the authorities in your country for the child to be able to leave the airport. We had one done here in the US at the Colombian embassy that had to be stamped in Bogota.

Good Luck