Proof of Custody for UK K1 Visa

[Eli the Barrowboy 16]

Hi All,

Can anyone tell me if we declare my Kids on our DS-230-Pt1 - either following on or coming now do I have to show proof of custody to the UK consulate? And if anyone else has done this from the UK, where can I get such a thing?

R

[Eli the Barrowboy 16]

Found on US London Embassy site ...

I'm divorced and applying for an immigrant visa. Do I require permission from my ex spouse to take my child out of the country?

If you are divorced and you are applying for a visa for your child(ren) by a previous marriage, you will be required to present on the day of your visa interview proof that you have been awarded custody of the child(ren) by the court and that permission has been given for the child(ren) to be taken out of the United Kingdom.

Hi All,

Can anyone tell me if we declare my Kids on our DS-230-Pt1 - either following on or coming now do I have to show proof of custody to the UK consulate? And if anyone else has done this from the UK, where can I get such a thing?

R

[Mags 112]

Even if you weren't married the consulate demands that you have permission from the child's biological father. A notarised letter is preferred, although some here have been approved without it being notarised.

[L & P 0]

You definetely need authorisation from the other parent. A notorised letter cost between £60 and £90. The parent giving the authorisation will need to go to a notary office with the letter to submit + passport and proof of address.

[Mags 112]

Here is the website for the UK notary society. They can let you know where your nearest one is. I used this site and it really was rather good.

http://www.thenotariessociety.org.uk/

[Jeraly 4]

Ronan - are you bringing your kids with you to the US right away or are you considering moving them in the future? If the latter is the case then I *think* you then have to file K2 for them at the time... of course not having experienced this I might be grossly wrong

[Dawny&Tommy 0]

Hi All,

Can anyone tell me if we declare my Kids on our DS-230-Pt1 - either following on or coming now do I have to show proof of custody to the UK consulate? And if anyone else has done this from the UK, where can I get such a thing?

R

Yes, you do have to have proof of custody, and you can request that order from the Court where the initial order was made. When you ask for a copy of it, make sure to ask for it to be certified, because the Embassy will require it to be.

If you need to know anything else regarding the child/children feel free to ask.

Dawny.

[rebeccajo 14]

Do you have to be granted actual custody?

What if the custodial parent just is willing to grant permission?

[Eli the Barrowboy 16]

Phew - a wealth of replies and knowledge ... thanks guys.

I've been informed since that N Ireland law always grants custody to the mother unless otherwise stated and that I most likely have free visitation rights.

My lawyer is looking into it but she seems in no rush, whereas we are.

I'll see about getting the notorised letter.

They cost between £60 and £90??? These guys know how to charge!!!

R

[Eli the Barrowboy 16]

OK, I found out that my ex got 100% custody of the kids at hearing (13 years so neither of us remembered).

The court officer just told me that we need to go to Family Court to get this reversed over to me. Dammit!!!

If we say no, the kids won't be coming over, either now or in the future, we cam still file a K2 though, right, and sort this stuff out in the meantime?

R

[Mags 112]

OK, I found out that my ex got 100% custody of the kids at hearing (13 years so neither of us remembered).

The court officer just told me that we need to go to Family Court to get this reversed over to me. Dammit!!!

If we say no, the kids won't be coming over, either now or in the future, we cam still file a K2 though, right, and sort this stuff out in the meantime?

R

Yep, I think you can file K-2 and then have that "on hold" whilst you are sorting out the custody. There are a few members here whose kids stayed to finish school and then joined them a while later. Although I am not sure on how long the K-2 is valid, so hopefully someone else can come along and fill you in on that.

Edited April 10, 2008 by Mags

[Eli the Barrowboy 16]

Just to let everyone know,

We decided to leave my daughter in Ireland until she reaches 18 at which stage she can make her own mind up and we can apply for an i-130 then.

It may sound callous but there was too much time, money and legal processing to contemplate at this stage what with the visa, house sale, moving, cash, etc.

She can spend her summers and Christmas with us in the USA and get a better feel for the place. She's 18 in 2 years time and then the world's her oyster. In the meantime she has the best of both worlds - holidays in the USA (I didn't even get on a plane until I was 19 let alone go to the USA twice a year) and few more years with her Mum at home.

So there you go!!!

R