is it a must to change the visiting rights for the kid to holiday rights?

[goldie 0]

am a bit worried, if i have to change officialy the weekly visiting rights for the father of my child to longer holiday rights as its recommended? or is it enough if i talk with the father of the kid and see what we can do, if he anyway is intrested in it? at the office where they deal with this changments, they told me, that it might be a possibility that MYSELF i have to pay for all the costs that the father can take his child for holiday to swiss later on. !!! even if they say in the divorce papers, that the father has to take all the costs to visit or take the kid into holiday! they told me, its becouse its me who want to leave and go far away, so its on me to pay all the costs!! but, how could i do this? to pay for the airfare for my ex to come to usa, then pay 2 fligth back for them, then pay again to let the ex go home???

my daughter is just 4 years old. and can not travel allone... she has no contact with the father, he see her only when he feel to see her... but, i know for sure, if i have to sign such a agreement, that i have to pay all costs, only to put me in a mess, he will come...to pick the daughter.. and here we dont even talk what to do if the child DOESNT WANT to go...

i dont know what the law in switzelrand says... but, i know, i will not sign such a agreement.. what if i cant pay?? i am not allowed to work at least 1 year... and, even then, its just too expensive.. anyway, my doughter has no contact anyway with the father, and i guess he will not border anyway, even if we are gone.. but, DO I NEED THIS AGREEMENT for usa???

thanks a million times.. the guy today from the office confused me just too much...

[Yodrak 7]

goldie,

I understand this from your post - you've got an agreement with your child's father, worked out during the divorce procedings. Now you want to change the agreement, in fact you may need to change the agreement in order to bring your child to the USA with you. Sounds like you need to enter into some negotiations with your ex-. You may need a family lawyer to help you with the negtiations, perhaps the same lawyer who helped you with the divorce.

The guy at "the office" can't help you, or predict the outcome. He can only speculate and record the change when the negotiations have determined what changes there will be.

The US government can't help you either. They won't help you to negotiate a new deal with your ex, nor will they help you to break Swiss law. They may issue your child a visa, but that won't necessarily mean that you can take your child out of Switzerland under the current arrangement.

Yodrak

am a bit worried, if i have to change officialy the weekly visiting rights for the father of my child to longer holiday rights as its recommended? or is it enough if i talk with the father of the kid and see what we can do, if he anyway is intrested in it? at the office where they deal with this changments, they told me, that it might be a possibility that MYSELF i have to pay for all the costs that the father can take his child for holiday to swiss later on. !!! even if they say in the divorce papers, that the father has to take all the costs to visit or take the kid into holiday! they told me, its becouse its me who want to leave and go far away, so its on me to pay all the costs!! but, how could i do this? to pay for the airfare for my ex to come to usa, then pay 2 fligth back for them, then pay again to let the ex go home???

my daughter is just 4 years old. and can not travel allone... she has no contact with the father, he see her only when he feel to see her... but, i know for sure, if i have to sign such a agreement, that i have to pay all costs, only to put me in a mess, he will come...to pick the daughter.. and here we dont even talk what to do if the child DOESNT WANT to go...

i dont know what the law in switzelrand says... but, i know, i will not sign such a agreement.. what if i cant pay?? i am not allowed to work at least 1 year... and, even then, its just too expensive.. anyway, my doughter has no contact anyway with the father, and i guess he will not border anyway, even if we are gone.. but, DO I NEED THIS AGREEMENT for usa???

thanks a million times.. the guy today from the office confused me just too much...

Edited May 18, 2006 by Yodrak

[Cassie 8]

goldie,

I understand this from your post - you've got an agreement with your child's father, worked out during the divorce procedings. Now you want to change the agreement, in fact you may need to change the agreement in order to bring your child to the USA with you. Sounds like you need to enter into some negotiations with your ex-. You may need a family lawyer to help you with the negtiations, perhaps the same lawyer who helped you with the divorce.

The guy at "the office" can't help you, or predict the outcome. He can only speculate and record the change when the negotiations have determined what changes there will be.

The US government can't help you either. They won't help you to negotiate a new deal with your ex, nor will they help you to break Swiss law. They may issue your child a visa, but that won't necessarily mean that you can take your child out of Switzerland under the current arrangement.

Yodrak

am a bit worried, if i have to change officialy the weekly visiting rights for the father of my child to longer holiday rights as its recommended? or is it enough if i talk with the father of the kid and see what we can do, if he anyway is intrested in it? at the office where they deal with this changments, they told me, that it might be a possibility that MYSELF i have to pay for all the costs that the father can take his child for holiday to swiss later on. !!! even if they say in the divorce papers, that the father has to take all the costs to visit or take the kid into holiday! they told me, its becouse its me who want to leave and go far away, so its on me to pay all the costs!! but, how could i do this? to pay for the airfare for my ex to come to usa, then pay 2 fligth back for them, then pay again to let the ex go home???

my daughter is just 4 years old. and can not travel allone... she has no contact with the father, he see her only when he feel to see her... but, i know for sure, if i have to sign such a agreement, that i have to pay all costs, only to put me in a mess, he will come...to pick the daughter.. and here we dont even talk what to do if the child DOESNT WANT to go...

i dont know what the law in switzelrand says... but, i know, i will not sign such a agreement.. what if i cant pay?? i am not allowed to work at least 1 year... and, even then, its just too expensive.. anyway, my doughter has no contact anyway with the father, and i guess he will not border anyway, even if we are gone.. but, DO I NEED THIS AGREEMENT for usa???

thanks a million times.. the guy today from the office confused me just too much...

what Yodrak said!

plus: have you filed for a K-2 visa for your child yet? Don't you have to have the child's father's permission to do that as well? (someone who has filed K-2 needs to answer/cofirm this one for me )

[goldie 0]

goldie,

I understand this from your post - you've got an agreement with your child's father, worked out during the divorce procedings. Now you want to change the agreement, in fact you may need to change the agreement in order to bring your child to the USA with you. Sounds like you need to enter into some negotiations with your ex-. You may need a family lawyer to help you with the negtiations, perhaps the same lawyer who helped you with the divorce.

The guy at "the office" can't help you, or predict the outcome. He can only speculate and record the change when the negotiations have determined what changes there will be.

The US government can't help you either. They won't help you to negotiate a new deal with your ex, nor will they help you to break Swiss law. They may issue your child a visa, but that won't necessarily mean that you can take your child out of Switzerland under the current arrangement.

Yodrak

am a bit worried, if i have to change officialy the weekly visiting rights for the father of my child to longer holiday rights as its recommended? or is it enough if i talk with the father of the kid and see what we can do, if he anyway is intrested in it? at the office where they deal with this changments, they told me, that it might be a possibility that MYSELF i have to pay for all the costs that the father can take his child for holiday to swiss later on. !!! even if they say in the divorce papers, that the father has to take all the costs to visit or take the kid into holiday! they told me, its becouse its me who want to leave and go far away, so its on me to pay all the costs!! but, how could i do this? to pay for the airfare for my ex to come to usa, then pay 2 fligth back for them, then pay again to let the ex go home???

my daughter is just 4 years old. and can not travel allone... she has no contact with the father, he see her only when he feel to see her... but, i know for sure, if i have to sign such a agreement, that i have to pay all costs, only to put me in a mess, he will come...to pick the daughter.. and here we dont even talk what to do if the child DOESNT WANT to go...

i dont know what the law in switzelrand says... but, i know, i will not sign such a agreement.. what if i cant pay?? i am not allowed to work at least 1 year... and, even then, its just too expensive.. anyway, my doughter has no contact anyway with the father, and i guess he will not border anyway, even if we are gone.. but, DO I NEED THIS AGREEMENT for usa???

thanks a million times.. the guy today from the office confused me just too much...

what Yodrak said!

plus: have you filed for a K-2 visa for your child yet? Don't you have to have the child's father's permission to do that as well? (someone who has filed K-2 needs to answer/cofirm this one for me )

i have filled already for the k2 as well, got the NOA2. i got full custody on my child, and by swiss law i can go wherever i want with the child. to change the visiting rights to holiday rights is only a request, not a order, as by the swiss law. here this office is a office from the wardship, so they are accutaly doing all the changments, not the court. so i guess, i will go there, sit down with my ex and them, and try to find a solution.. well, even if its just theoretically... practically really not possible, i doubt they will let my ex enter the usa, he is a kenyan citizen and got only a working permit in switzerland.. and, my child is not able to enter a plane allone, well i wouldnt even allow this. just wanted to be sure, that it wont be asked when i got the interview kor when i enter usa for good. thanks alot!

[Yodrak 7]

Cassie,

My sense is that the granting of a US visa may be influenced by the country's laws where the visa is being applied for, because I don't think US consular officials are going to aid or abet a foreign national in breaking the laws of the country where they are posted. But outside of that, the act of giving a person a visa depends on whether or not the person qualifies for the visa in accordance with the INA.

My wife did not have to get her ex-husband's permission for the boy to be issued a K4 visa. But the immigration officials of her country pulled them aside for discussion regarding the boy at the airport when they tried to leave.

Yodrak

am a bit worried, if i have to change officialy the weekly visiting rights for the father of my child to longer holiday rights as its recommended? or is it enough if i talk with the father of the kid and see what we can do, if he anyway is intrested in it? at the office where they deal with this changments, they told me, that it might be a possibility that MYSELF i have to pay for all the costs that the father can take his child for holiday to swiss later on. !!! even if they say in the divorce papers, that the father has to take all the costs to visit or take the kid into holiday! they told me, its becouse its me who want to leave and go far away, so its on me to pay all the costs!! but, how could i do this? to pay for the airfare for my ex to come to usa, then pay 2 fligth back for them, then pay again to let the ex go home???

my daughter is just 4 years old. and can not travel allone... she has no contact with the father, he see her only when he feel to see her... but, i know for sure, if i have to sign such a agreement, that i have to pay all costs, only to put me in a mess, he will come...to pick the daughter.. and here we dont even talk what to do if the child DOESNT WANT to go...

i dont know what the law in switzelrand says... but, i know, i will not sign such a agreement.. what if i cant pay?? i am not allowed to work at least 1 year... and, even then, its just too expensive.. anyway, my doughter has no contact anyway with the father, and i guess he will not border anyway, even if we are gone.. but, DO I NEED THIS AGREEMENT for usa???

thanks a million times.. the guy today from the office confused me just too much...

...

plus: have you filed for a K-2 visa for your child yet? Don't you have to have the child's father's permission to do that as well? (someone who has filed K-2 needs to answer/cofirm this one for me)

goldie,

If you have full custody and by Swiss law can take the child wherever you wish, then I don't understand why you have any problem or why anything has to be changed. So, rather than give you any more inappropriate comments, I can only suggest that you consult with a Swiss lawyer who does family law to determine if you have to do anything at all, and if you do, what it is and how to go about it. I am sure that you will get better advice from an attorney than from a man at the office who does clerical work.

Good luck to you.

Yodrak

goldie,

I understand this from your post - you've got an agreement with your child's father, worked out during the divorce procedings. Now you want to change the agreement, in fact you may need to change the agreement in order to bring your child to the USA with you. Sounds like you need to enter into some negotiations with your ex-. You may need a family lawyer to help you with the negtiations, perhaps the same lawyer who helped you with the divorce.

The guy at "the office" can't help you, or predict the outcome. He can only speculate and record the change when the negotiations have determined what changes there will be.

The US government can't help you either. They won't help you to negotiate a new deal with your ex, nor will they help you to break Swiss law. They may issue your child a visa, but that won't necessarily mean that you can take your child out of Switzerland under the current arrangement.

Yodrak

am a bit worried, if i have to change officialy the weekly visiting rights for the father of my child to longer holiday rights as its recommended? or is it enough if i talk with the father of the kid and see what we can do, if he anyway is intrested in it? at the office where they deal with this changments, they told me, that it might be a possibility that MYSELF i have to pay for all the costs that the father can take his child for holiday to swiss later on. !!! even if they say in the divorce papers, that the father has to take all the costs to visit or take the kid into holiday! they told me, its becouse its me who want to leave and go far away, so its on me to pay all the costs!! but, how could i do this? to pay for the airfare for my ex to come to usa, then pay 2 fligth back for them, then pay again to let the ex go home???

my daughter is just 4 years old. and can not travel allone... she has no contact with the father, he see her only when he feel to see her... but, i know for sure, if i have to sign such a agreement, that i have to pay all costs, only to put me in a mess, he will come...to pick the daughter.. and here we dont even talk what to do if the child DOESNT WANT to go...

i dont know what the law in switzelrand says... but, i know, i will not sign such a agreement.. what if i cant pay?? i am not allowed to work at least 1 year... and, even then, its just too expensive.. anyway, my doughter has no contact anyway with the father, and i guess he will not border anyway, even if we are gone.. but, DO I NEED THIS AGREEMENT for usa???

thanks a million times.. the guy today from the office confused me just too much...

what Yodrak said!

plus: have you filed for a K-2 visa for your child yet? Don't you have to have the child's father's permission to do that as well? (someone who has filed K-2 needs to answer/cofirm this one for me )

i have filled already for the k2 as well, got the NOA2. i got full custody on my child, and by swiss law i can go wherever i want with the child. to change the visiting rights to holiday rights is only a request, not a order, as by the swiss law. here this office is a office from the wardship, so they are accutaly doing all the changments, not the court. so i guess, i will go there, sit down with my ex and them, and try to find a solution.. well, even if its just theoretically... practically really not possible, i doubt they will let my ex enter the usa, he is a kenyan citizen and got only a working permit in switzerland.. and, my child is not able to enter a plane allone, well i wouldnt even allow this. just wanted to be sure, that it wont be asked when i got the interview kor when i enter usa for good. thanks alot!

Edited May 18, 2006 by Yodrak

[mrswooten4ever 0]

I have noted on previous posts that even when sole custody was granted, if the other partner had visitation rights the Consulate wanted written permission from the non-custodial parent for the child to go to USA. To prevent any complications at the interview and with immigration best get a letter done.

Adele

[Rocio 0]

goldie,

I understand this from your post - you've got an agreement with your child's father, worked out during the divorce procedings. Now you want to change the agreement, in fact you may need to change the agreement in order to bring your child to the USA with you. Sounds like you need to enter into some negotiations with your ex-. You may need a family lawyer to help you with the negtiations, perhaps the same lawyer who helped you with the divorce.

The guy at "the office" can't help you, or predict the outcome. He can only speculate and record the change when the negotiations have determined what changes there will be.

The US government can't help you either. They won't help you to negotiate a new deal with your ex, nor will they help you to break Swiss law. They may issue your child a visa, but that won't necessarily mean that you can take your child out of Switzerland under the current arrangement.

Yodrak

am a bit worried, if i have to change officialy the weekly visiting rights for the father of my child to longer holiday rights as its recommended? or is it enough if i talk with the father of the kid and see what we can do, if he anyway is intrested in it? at the office where they deal with this changments, they told me, that it might be a possibility that MYSELF i have to pay for all the costs that the father can take his child for holiday to swiss later on. !!! even if they say in the divorce papers, that the father has to take all the costs to visit or take the kid into holiday! they told me, its becouse its me who want to leave and go far away, so its on me to pay all the costs!! but, how could i do this? to pay for the airfare for my ex to come to usa, then pay 2 fligth back for them, then pay again to let the ex go home???

my daughter is just 4 years old. and can not travel allone... she has no contact with the father, he see her only when he feel to see her... but, i know for sure, if i have to sign such a agreement, that i have to pay all costs, only to put me in a mess, he will come...to pick the daughter.. and here we dont even talk what to do if the child DOESNT WANT to go...

i dont know what the law in switzelrand says... but, i know, i will not sign such a agreement.. what if i cant pay?? i am not allowed to work at least 1 year... and, even then, its just too expensive.. anyway, my doughter has no contact anyway with the father, and i guess he will not border anyway, even if we are gone.. but, DO I NEED THIS AGREEMENT for usa???

thanks a million times.. the guy today from the office confused me just too much...

what Yodrak said!

plus: have you filed for a K-2 visa for your child yet? Don't you have to have the child's father's permission to do that as well? (someone who has filed K-2 needs to answer/cofirm this one for me )

i did the k-2 and no you are not required for any document or at least i can say i was never requested for one (i had it but noone wanted to see it)....

but in order to take the kid to usa you need a passport which i dont know what the rules in your country are, in mexico you need both parents to sign in order for a kid to have it, passport for children in mexico according to the law have a clause that says kid travels with both parents authorization meaning as long as the kid travels with either parent everything is ok

so anyway i applied for aos and i didnt have to submit any document, now i am not sure if at the time of the interview (which i havent had yet) i will be required to present the documents i have to prove i have legal and total custody of my son........

thats all i know so far hope it helps you

[Yodrak 7]

Adele,

This may be a consulate-specific issue. Perhaps the consulate in the UK follows the policy that you mention, but there are consulates that do not.

Visa applicants need to understand policies and procedures at the consulate they will be dealing with, policies and procedures taken from other consulates may be misleading.

Yodrak

I have noted on previous posts that even when sole custody was granted, if the other partner had visitation rights the Consulate wanted written permission from the non-custodial parent for the child to go to USA. To prevent any complications at the interview and with immigration best get a letter done.

Adele

[goldie 0]

Adele,

This may be a consulate-specific issue. Perhaps the consulate in the UK follows the policy that you mention, but there are consulates that do not.

Visa applicants need to understand policies and procedures at the consulate they will be dealing with, policies and procedures taken from other consulates may be misleading.

Yodrak

I have noted on previous posts that even when sole custody was granted, if the other partner had visitation rights the Consulate wanted written permission from the non-custodial parent for the child to go to USA. To prevent any complications at the interview and with immigration best get a letter done.

Adele

well, i called an other lawyer again, and she told me, i shouldnt border about visiting or holiday rights changing coz i leave the country. as long i got full custody, she sayed, if it was her, i wouldnt do too much and wake up sleeping dogs..

well, so i cancelled the appointment and told them i will do it by myself with the father. i wrote the embassy in bern some time ago about the issue, and all they told me was: the kid can apply with u, a final desition will be done at the time of the interview when u show original documents."

whatever this means... actually not at all a response to my answer...

i worte as well to the border and immigration of the usa, and they sayed as well, as long i can show i got full custody things are fine.. well, i hope so.....

i only know, i will be really f.... up at the time of the interview, if they will ask me then, to get a agreement of the father....

[Yodrak 7]

goldie,

The consulate answered your question and they gave you an appropriate answer, the only answer that they can give you under the circumstances.

The consulate cannot predict what will happen at the visa interview, they will not know the answers until they review everything that is submitted as part of the visa application. When they see what you submit, only then can they tell you if it's sufficient.

Yodrak

..... i wrote the embassy in bern some time ago about the issue, and all they told me was: the kid can apply with u, a final desition will be done at the time of the interview when u show original documents."

whatever this means... actually not at all a response to my answer...