K1 - Parental consent letter to bring child to USA

[Calamy 0]

Hi all! First I want to say congratulations on everyone finding their soul mate! Second, this process waiting sucks!! LOL

Now for my question, I am a CS and my Fiancee is the USC, I have an 11yr old son who I have sole custody of. His biological father hasn't been in contact with us for 6 - 7 yrs now. I was able to get a Canadian passport for my son without a letter of consent from his father. I also have seen a lawyer here in Canada about this who said there shouldn't be any problems, but still, this issue lingers with me. Has anyone here or does anyone know of anyone who has had this same problem? I did read on a post here that a petitioner did have an issue and in the end, needed to get this letter of consent from the biological parent.

Thanks in advance for everyone's support and help in this! More info and more friends are about the only way to get through this process sane!!!

[pushbrk 12,881]

Hi all! First I want to say congratulations on everyone finding their soul mate! Second, this process waiting sucks!! LOL

Now for my question, I am a CS and my Fiancee is the USC, I have an 11yr old son who I have sole custody of. His biological father hasn't been in contact with us for 6 - 7 yrs now. I was able to get a Canadian passport for my son without a letter of consent from his father. I also have seen a lawyer here in Canada about this who said there shouldn't be any problems, but still, this issue lingers with me. Has anyone here or does anyone know of anyone who has had this same problem? I did read on a post here that a petitioner did have an issue and in the end, needed to get this letter of consent from the biological parent.

Thanks in advance for everyone's support and help in this! More info and more friends are about the only way to get through this process sane!!!

Generally documented full legal custody is sufficient but you'll want to contact the appropriate Consulate directly for confirmation.

[Carlawarla 1]

Hi Calamy!

Welcome to VJ! Have you checked out the Canada Forum here? Lots of great people around that can answer most immigration questions you have that might specifically involve Canada/US issues. Here's a link.

http://www.visajourney.com/forums/index.php?showforum=93

Now to your question, I haven't seen anyone on VJ here that hasn't had to show some type of written documentation at the Consulate that the non-custodial parent is in agreement about the move to the US. At the same time, I don't know that I've met anyone that got the passport without it either, so maybe you know something we don't!

I do know there has been a few Canada couples that have had this issue, and have had to work on getting that letter. Look at the topic threads in the Canada Forum and see if you can see any, or do a search. I think there have been fairly recent threads on both Vancouver and Montreal.

Edited September 9, 2008 by Carlawarla

[raymaga 25]

I went thru the Vancouver Consulate to bring my daughter to the U.S. to live (she was a K-2, followed-to-join me). I needed a letter from my daughter's Dad giving his permission for her to come to the U.S. to live with me. But that was because her Dad and I had "joint" custody.

If you have "sole" custody, the letter is not necessary. You will need to provide the documents at your child's interview that states that you have sole custody, though.

[Calamy 0]

I want to thank you all for your kind help! Since Carla's post, I have reposted this in the Canada section of VJ. Hopefully I will get more great responses there!

[winelight 0]

I went thru the Vancouver Consulate to bring my daughter to the U.S. to live (she was a K-2, followed-to-join me). I needed a letter from my daughter's Dad giving his permission for her to come to the U.S. to live with me. But that was because her Dad and I had "joint" custody.

If you have "sole" custody, the letter is not necessary. You will need to provide the documents at your child's interview that states that you have sole custody, though.

A few questions:

1. Is proof of sole custody always sufficient for the child of a fincee to get the K-2 visa?

2. If proof of sole cusody is presented, do they ever require an additional statement from the other parent for permission to immigrate to the US?

3. Is it always the case that permission or sole custody is required? (In other words...do they ever grant the K-2 without any custody or permission documentation? I have looked at the US Immigration site and have a difficult time finding anything on what is required regarding child custody and/or parental permission. Specifically, I'm wondering if the requirements may be less in Manila or Australia versus other locations? In theory...seems like it should be the same everywhere, but I do hear stories of different Embassies processing the same identical issue differently.

[Carlawarla 1]

I went thru the Vancouver Consulate to bring my daughter to the U.S. to live (she was a K-2, followed-to-join me). I needed a letter from my daughter's Dad giving his permission for her to come to the U.S. to live with me. But that was because her Dad and I had "joint" custody.

If you have "sole" custody, the letter is not necessary. You will need to provide the documents at your child's interview that states that you have sole custody, though.

A few questions:

1. Is proof of sole custody always sufficient for the child of a fincee to get the K-2 visa?

2. If proof of sole cusody is presented, do they ever require an additional statement from the other parent for permission to immigrate to the US?

3. Is it always the case that permission or sole custody is required? (In other words...do they ever grant the K-2 without any custody or permission documentation? I have looked at the US Immigration site and have a difficult time finding anything on what is required regarding child custody and/or parental permission. Specifically, I'm wondering if the requirements may be less in Manila or Australia versus other locations? In theory...seems like it should be the same everywhere, but I do hear stories of different Embassies processing the same identical issue differently.

I will send you a PM to tell you this in case you don't get back to reading this post. It's an old post, and I'm not sure that people will see your new question. Best to post a new thread, and perhaps identifying the country? I have also heard of different procedures about this issue from different countries Embassies or Consulates.

[gravitysapple 0]

I went thru the Vancouver Consulate to bring my daughter to the U.S. to live (she was a K-2, followed-to-join me). I needed a letter from my daughter's Dad giving his permission for her to come to the U.S. to live with me. But that was because her Dad and I had "joint" custody.

If you have "sole" custody, the letter is not necessary. You will need to provide the documents at your child's interview that states that you have sole custody, though.

A few questions:

1. Is proof of sole custody always sufficient for the child of a fincee to get the K-2 visa?

2. If proof of sole cusody is presented, do they ever require an additional statement from the other parent for permission to immigrate to the US?

3. Is it always the case that permission or sole custody is required? (In other words...do they ever grant the K-2 without any custody or permission documentation? I have looked at the US Immigration site and have a difficult time finding anything on what is required regarding child custody and/or parental permission. Specifically, I'm wondering if the requirements may be less in Manila or Australia versus other locations? In theory...seems like it should be the same everywhere, but I do hear stories of different Embassies processing the same identical issue differently.

I will send you a PM to tell you this in case you don't get back to reading this post. It's an old post, and I'm not sure that people will see your new question. Best to post a new thread, and perhaps identifying the country? I have also heard of different procedures about this issue from different countries Embassies or Consulates.

I think I joined a little to late. My fiancee has an ex that is not around and it looks like we need to get a consent letter. She is sending a certified letter to him that she is moving to his dad's place which is the last know address and another one to his dad. She has Final custody in the wording. I am the USC and have found out that is what sole custody but I could be wrong. Does anyone have the wording that is needed on the consent form? Kinda in a bad spot right now. Any help is greatly appreciated.