A few child custody questions...

[winelight 0]

A few questions:

1. Is proof of sole custody always sufficient for the child of a fiancee 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.

[SunDrop 59]

A few questions:

1. Is proof of sole custody always sufficient for the child of a fiancee 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.

My understanding is that it depends on the 'proof' provided. If you have a court order granting full and sole custody, then I believe you don't need anything else. If there is any legal parental responsibility on the part of the other parent (i.e. no court order specifically granting full custody) then you will need a notarised letter from the other parent stating they permit you to move to the USA with your (named) child on a permanent basis.

I would be absolutely astonished if they granted a K2 without SOME corroborating paperwork. If the father is unnamed on the birth certificate and there is no claim to paternity via child support etc. then you wouldn't be able to get authorisation from anyone, but you'd have to show that he wasn't involved with the child in any way.

Every embassy is different because the family/ legal/ documentation circumstances often differ greatly. Please fill in your details so that we can better guide you depending on your USEM location.

Edited December 18, 2008 by SunDrop

[winelight 0]

A few questions:

1. Is proof of sole custody always sufficient for the child of a fiancee 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.

My understanding is that it depends on the 'proof' provided. If you have a court order granting full and sole custody, then I believe you don't need anything else. If there is any legal parental responsibility on the part of the other parent (i.e. no court order specifically granting full custody) then you will need a notarised letter from the other parent stating they permit you to move to the USA with your (named) child on a permanent basis.

I would be absolutely astonished if they granted a K2 without SOME corroborating paperwork. If the father is unnamed on the birth certificate and there is no claim to paternity via child support etc. then you wouldn't be able to get authorisation from anyone, but you'd have to show that he wasn't involved with the child in any way.

Every embassy is different because the family/ legal/ documentation circumstances often differ greatly. Please fill in your details so that we can better guide you depending on your USEM location.

The lady is a Filipino national...but may attend school in Australia. So...she assume she applies for the K-1 from Australia. If, by chance, she does not go to Australia...then she would apply in Manila. I assume the location at which she applies for the K-1 does not make a difference...but please advise if I'm wrong here.

[SunDrop 59]

The lady is a Filipino national...but may attend school in Australia. So...she assume she applies for the K-1 from Australia. If, by chance, she does not go to Australia...then she would apply in Manila. I assume the location at which she applies for the K-1 does not make a difference...but please advise if I'm wrong here.

If she studies in Australia, will the child be with her on a dependent's visa? What documentation does she have relating to her child's parentage? If she does goes to Aus, she'd be strongly advised to get all necessary documentation before she leaves PI.

She's not applying for a K1. Her USC fiance is petitioning for a K1 visa on her behalf. Because they are petitioning on her behalf, they submit that petition to a different office depending on which state they are resident in, either the CSC (California Service Centre) or the VSC (Vermont Service Centre). Once the petition has been processed and approved, then the NSC (National Service Centre) run various checks and then forward it to the US Embassy of the country in which she is located at the time of approval, either Manila or in Australia. Manila is not the easier embassy of the two, but you might be better posting in the regional forum for PI specific advice, especially if she's likely to interview in Manila than Australia.

Hope this helps.

[pushbrk 13,168]

A few questions:

1. Is proof of sole custody always sufficient for the child of a fiancee 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.

My understanding is that it depends on the 'proof' provided. If you have a court order granting full and sole custody, then I believe you don't need anything else. If there is any legal parental responsibility on the part of the other parent (i.e. no court order specifically granting full custody) then you will need a notarised letter from the other parent stating they permit you to move to the USA with your (named) child on a permanent basis.

I would be absolutely astonished if they granted a K2 without SOME corroborating paperwork. If the father is unnamed on the birth certificate and there is no claim to paternity via child support etc. then you wouldn't be able to get authorisation from anyone, but you'd have to show that he wasn't involved with the child in any way.

Every embassy is different because the family/ legal/ documentation circumstances often differ greatly. Please fill in your details so that we can better guide you depending on your USEM location.

The lady is a Filipino national...but may attend school in Australia. So...she assume she applies for the K-1 from Australia. If, by chance, she does not go to Australia...then she would apply in Manila. I assume the location at which she applies for the K-1 does not make a difference...but please advise if I'm wrong here.

Yes, the country in which the visa is issued makes a difference because Consular officers must follow the child custody laws of the country of residence. In China, for example "soul custody" is sufficient if documented. In many other countries it is not. Generally, official permission from the other biological parent is required. In the Philippines, an illigitimate child needs no permission from the other parent. You'll need a country specific answer to your question. First, I'd decide from which country she will apply, because the petition asks that question.

[winelight 0]

A few questions:

1. Is proof of sole custody always sufficient for the child of a fiancee 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.

My understanding is that it depends on the 'proof' provided. If you have a court order granting full and sole custody, then I believe you don't need anything else. If there is any legal parental responsibility on the part of the other parent (i.e. no court order specifically granting full custody) then you will need a notarised letter from the other parent stating they permit you to move to the USA with your (named) child on a permanent basis.

I would be absolutely astonished if they granted a K2 without SOME corroborating paperwork. If the father is unnamed on the birth certificate and there is no claim to paternity via child support etc. then you wouldn't be able to get authorisation from anyone, but you'd have to show that he wasn't involved with the child in any way.

Every embassy is different because the family/ legal/ documentation circumstances often differ greatly. Please fill in your details so that we can better guide you depending on your USEM location.

The lady is a Filipino national...but may attend school in Australia. So...she assume she applies for the K-1 from Australia. If, by chance, she does not go to Australia...then she would apply in Manila. I assume the location at which she applies for the K-1 does not make a difference...but please advise if I'm wrong here.

Yes, the country in which the visa is issued makes a difference because Consular officers must follow the child custody laws of the country of residence. In China, for example "soul custody" is sufficient if documented. In many other countries it is not. Generally, official permission from the other biological parent is required. In the Philippines, an illigitimate child needs no permission from the other parent. You'll need a country specific answer to your question. First, I'd decide from which country she will apply, because the petition asks that question.

Yes...I mis-spoke. She would respond to an approved K-1 application in Australia or Philippines. It is more likely to be Australia, but I will post a message in the Philippines forum in this regard. As for Australia...I guess I'll have to write to the center in Australia. I'll write to Manila as well.

It is good to know that eash visa processing center may handle this differently....so I'm very appreciative of the reply messages in this thread.

One more thing...I had heard that sole custody may not be sufficient in certain cases. You have confirmed that some places may seek more than sole legal custody. So, I'll have to find out for both possible processing center locations.

[pushbrk 13,168]

Yes...I mis-spoke. She would respond to an approved K-1 application in Australia or Philippines.

FYI, the correct terminology is that after your petition is approved, she will have the privilege of applying for a visa. Your petition will indicate in which country she will apply.

[pinoyprime 0]

Another follow up question:

1. What if the child, in which case my daughter who is in the Philippiness about to turn 18 in fact this August of 2009, does she still need permission or consent from my ex wife to travel to US. Im saying my ex wife because our marriage has been annuled since 2003, and since my daughter were 11 years old at that time, custody were given to my ex wife, I have applied her as my beneficiary for I-130 and right now the NVC is asking proof of custody and or notarized consent granting my daughter to travel outside Philippines and to USA. We are not in good terms, by the way my ex wife is in UK right now with a daughter from her new husband/boyfriend. The sole guardanship and financial responsibility is what I am providing right now. In fact since the mother left for UK, my daughter is under my mother undertakings. food and shelter which I am providing.

2. A certain lawyer from the Philippines told me that once the child is about to turn 18, whoever has the child custody is loosing it, meaning child my freely elect whoever she chooses from . What other documents that need proof apart from court order custody/consent from mother which is ex wife, in this such case of mine, which are acceptable and satisfiable with the NVC and ultimately with the US consular officer in Phillippines. Im in a dillemma right now, need help really bad. Im new in this forum and anyone from other members advice will be highly appreaciate.

[pushbrk 13,168]

A few questions:

1. Is proof of sole custody always sufficient for the child of a fiancee 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.

My understanding is that it depends on the 'proof' provided. If you have a court order granting full and sole custody, then I believe you don't need anything else. If there is any legal parental responsibility on the part of the other parent (i.e. no court order specifically granting full custody) then you will need a notarised letter from the other parent stating they permit you to move to the USA with your (named) child on a permanent basis.

I would be absolutely astonished if they granted a K2 without SOME corroborating paperwork. If the father is unnamed on the birth certificate and there is no claim to paternity via child support etc. then you wouldn't be able to get authorisation from anyone, but you'd have to show that he wasn't involved with the child in any way.

Every embassy is different because the family/ legal/ documentation circumstances often differ greatly. Please fill in your details so that we can better guide you depending on your USEM location.

The lady is a Filipino national...but may attend school in Australia. So...she assume she applies for the K-1 from Australia. If, by chance, she does not go to Australia...then she would apply in Manila. I assume the location at which she applies for the K-1 does not make a difference...but please advise if I'm wrong here.

Yes, you're wrong here. What is sufficient varies by country. You need country specific answers.

[Gary and Alla 3,694]

A few questions:

1. Is proof of sole custody always sufficient for the child of a fiancee 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.

All are consulkate specific to a degree. Other countries can impose requirements for this and I can only answer with confidence for Kiev Ukraine

1. Yes

2. No

3. Yes and no. IF there is a known "absent parent" YES. In Ukraine if the father is "unknown" (or not listed on the birth certificate or if the mother has a document issued by the government that she created the name and the father is unknown) OR if a legal search has failed to locate the father, then a K-2 can be issued pursuant to the proper "other" document. It is NEVER the case that they issue a K-2 without some documentation that the other parent approves or is not available.

It is possible, even probable, the requirements are different in other areas, not to mention age restrictions. In Ukraine if the child is age 16 or more, they are exempt from the absent parent letter.

Many things vary at different embassies. The Rules of the State Department, as issued to the consulates are very vague, or very broad. The consulates must also comply with laws of the countries they work in. If Ukrainian law forbids a person under 16 from leaving (even for a short vacation) without permission of both parents, the USA can not be very well handing out K-2 visas without what the country requires. Imagine what would happen when Ukrainian Customs Officials start holding back children! YIKES. Now THAT would be embarrassing. Dont'ya think?

Bottom line, you need to fill in your timeline so we know what country you are dealing with and give you accurate answers from people knowledgeable of that consulate and you need to go to that consulates website and download packet 3 or the instructions and see what they say on the matter.

[Gary and Alla 3,694]

Another follow up question:

1. What if the child, in which case my daughter who is in the Philippiness about to turn 18 in fact this August of 2009, does she still need permission or consent from my ex wife to travel to US. Im saying my ex wife because our marriage has been annuled since 2003, and since my daughter were 11 years old at that time, custody were given to my ex wife, I have applied her as my beneficiary for I-130 and right now the NVC is asking proof of custody and or notarized consent granting my daughter to travel outside Philippines and to USA. We are not in good terms, by the way my ex wife is in UK right now with a daughter from her new husband/boyfriend. The sole guardanship and financial responsibility is what I am providing right now. In fact since the mother left for UK, my daughter is under my mother undertakings. food and shelter which I am providing.

2. A certain lawyer from the Philippines told me that once the child is about to turn 18, whoever has the child custody is loosing it, meaning child my freely elect whoever she chooses from . What other documents that need proof apart from court order custody/consent from mother which is ex wife, in this such case of mine, which are acceptable and satisfiable with the NVC and ultimately with the US consular officer in Phillippines. Im in a dillemma right now, need help really bad. Im new in this forum and anyone from other members advice will be highly appreaciate.

1. Varies by country. I am not aware of anyone restricting people age 18 or older, but could be. The K-2 can follow within one year, so if the child is, for example 10 months short of their 18th birthday, your fiancee could come now and the child 10 motnhs or 11 months later and it is doubtful anyone could say anything. The cut-off in Ukraine is age 16, so it is possible you are already in the "clear". Until that cut-off date, you need the documents.

2. Avoid talking to lawyers.

[pinoyprime 0]

Thank you Gary and Alla for taking your time in answering my question

I guess the cut off age matters a lot with K1 and K2 visa, but is that the same with I-130, and beside our marriage is completely annulled and dont intend to bring my ex wife here in US. Will my daughter still need to provide a proof/evidence with NVC let say a affidavit from her stating that she is 18 and elected to come to US on her own freee will. also stating there that the financial and suppport came from, the father. Secondly, I really need to talk to a lawyer regarding my case to hear and know what the legal aspect are. Have you had encountered bad experiences in the past with lawyers, just wondering.