A Challenging Question

[Mr Bill 0]

My fiancée (and her daughter) have received their K-1 and K-2 Visas from the Peruvian Embassy, but we are having considerable trouble getting the biological father to permit the child to travel.

At this point we have to explore various other potential options:

1) If she lets her current K-1 Visa expire without coming to the US, can I petition again in the future for another K-1 Visa?

Or,

2) If my foreign fiancée uses her K-1 Visa to come to the US, but does we do not get married and she returns to her native country (before the 90 days is up), can I petition again in the future for her to get another K-1 Visa?

[Gary and Alla 3,694]

My fiancée (and her daughter) have received their K-1 and K-2 Visas from the Peruvian Embassy, but we are having considerable trouble getting the biological father to permit the child to travel.

At this point we have to explore various other potential options:

1) If she lets her current K-1 Visa expire without coming to the US, can I petition again in the future for another K-1 Visa?

Or,

2) If my foreign fiancée uses her K-1 Visa to come to the US, but does we do not get married and she returns to her native country (before the 90 days is up), can I petition again in the future for her to get another K-1 Visa?

Yes and yes. With some explanations and clarifications, no doubt.

Question? How did you get the K-2 without permission of the father? Curious as it is required BEFORE issuance of the visa in most cases.

Just a suggestion, maybe you already tried. We had a similar situation and he agreed to give permission in exchange for lifting his child support obligation, basically a financial agreement. Maybe some form of financial incentive would help

[Sylvia_n_Joseph 3]

You should not use the K1 as a tourist visa. It will make the next visa much harder to get. I am sure you would not be the first couple that had things prevent them from using the visa when it was originally issued.

Good luck

[raymaga 25]

I have the same question as the previous poster.... how did you obtain the K-2 visa without permission from the biological father to allow her to leave Peru and move to the U.S. with her mother.

I had to provide a notarized document signed by my ex-husband to allow me to bring my daughter to the U.S. to live with me. They asked me for it at the K-2 visa interview.

[tglea 0]

I have the same question as the previous poster.... how did you obtain the K-2 visa without permission from the biological father to allow her to leave Peru and move to the U.S. with her mother.

I had to provide a notarized document signed by my ex-husband to allow me to bring my daughter to the U.S. to live with me. They asked me for it at the K-2 visa interview.

The consulates around the world are like apples and oranges. None of them seem to be the same. Different consulates in different countries seem to all have different requirements and things they look for. Case in point: My fiance just did her interview yesterday in Juarez, Mexico with her daughter there to get the K2. She had a letter from her father but it wasn't asked for and the K2 visa was issued.

Quite possibly a Peruvian immigration officer may need to see a letter to allow the child to leave the country. I know it is like that for several Latin American countries.

[Mr Bill 0]

The embassy never asked her anything about the child's father when they went in for the interview. However, we anticipate that they would not be able to get out of the country without signed permission of the father. We are still working on that.

Any other advice you can offer about reapplying for a K-1 visa?

My fiancée (and her daughter) have received their K-1 and K-2 Visas from the Peruvian Embassy, but we are having considerable trouble getting the biological father to permit the child to travel.

At this point we have to explore various other potential options:

1) If she lets her current K-1 Visa expire without coming to the US, can I petition again in the future for another K-1 Visa?

Or,

2) If my foreign fiancée uses her K-1 Visa to come to the US, but does we do not get married and she returns to her native country (before the 90 days is up), can I petition again in the future for her to get another K-1 Visa?

Yes and yes. With some explanations and clarifications, no doubt.

Question? How did you get the K-2 without permission of the father? Curious as it is required BEFORE issuance of the visa in most cases.

Just a suggestion, maybe you already tried. We had a similar situation and he agreed to give permission in exchange for lifting his child support obligation, basically a financial agreement. Maybe some form of financial incentive would help

[Mr Bill 0]

They did not ask for any of this kind of documentation at the interview at the embassy. However, we expect that the child out of the country without written permission from the father or some kind of declaration from a judge.

I have the same question as the previous poster.... how did you obtain the K-2 visa without permission from the biological father to allow her to leave Peru and move to the U.S. with her mother.

I had to provide a notarized document signed by my ex-husband to allow me to bring my daughter to the U.S. to live with me. They asked me for it at the K-2 visa interview.

[tglea 0]

They did not ask for any of this kind of documentation at the interview at the embassy. However, we expect that the child out of the country without written permission from the father or some kind of declaration from a judge.

I wouldn't want to go through the whole K1 process again. I think you should really try to get this resolved before your visas expire. How much time do you have left? Can't you contact the father or he's not willing to do it? Do you have time to explore court options? Have you tried to contact the consulate that issued your visas and ask them if they can possibly extend the time of validity? Explain your situation to them.

I would agree with a previous poster that it probably wouldn't be a good idea to use the K1 like a tourist visa. The UCIS will have record of everything you do so I would be worried that it will make it very difficult to get another K1 for the same person if you didn't use it for its intended purpose the first time.

[Nik+Heather 121]

Regarding coming in on the K1 and then leaving without getting married....

You signed intent letters saying that you were getting married and would do so within 90 days of entering on the K1...You are thinking about NOT doing that and then trying to go through the process again? I'm on the 'would discourage that behavior' side of the argument.

[limejello 0]

I'm not sure how it works in Peru but here in Mexico permission is not needed for a child to leave the country when they are with a parent (obviously every country is different). I have travelled twice with my son to the US (his father is here in Mexico) and I didn't have to show anything when leaving the country, nor when I left the US to return to Mexico. I have other friends who travel with their children without a permission letter as well. You might want to check what the airline regulations are regarding a parent who wants to leave the country with their child, they would know better. Try to explore other options before resigning yourself to go through this long, difficult and expensive process again. Good luck.

The embassy never asked her anything about the child's father when they went in for the interview. However, we anticipate that they would not be able to get out of the country without signed permission of the father. We are still working on that.

Any other advice you can offer about reapplying for a K-1 visa?

My fiancée (and her daughter) have received their K-1 and K-2 Visas from the Peruvian Embassy, but we are having considerable trouble getting the biological father to permit the child to travel.

At this point we have to explore various other potential options:

1) If she lets her current K-1 Visa expire without coming to the US, can I petition again in the future for another K-1 Visa?

Or,

2) If my foreign fiancée uses her K-1 Visa to come to the US, but does we do not get married and she returns to her native country (before the 90 days is up), can I petition again in the future for her to get another K-1 Visa?

Yes and yes. With some explanations and clarifications, no doubt.

Question? How did you get the K-2 without permission of the father? Curious as it is required BEFORE issuance of the visa in most cases.

Just a suggestion, maybe you already tried. We had a similar situation and he agreed to give permission in exchange for lifting his child support obligation, basically a financial agreement. Maybe some form of financial incentive would help