K-2 Visa

[Jauque 1]

I have a question about the K-2 visa. I am the only parent on my daughters birth certificate however I do have a court order for child support. My daughters father met her for the first time two months ago and told me today that he was going to make a fuss about her leaving the country. Is this something I should be concerned about? If it is an issue how would it be resolved?

[JimVaPhuong 4,863]

I've been researching the K2 subject a lot lately since I've got a couple of age related issues - one kid is 18, and the other will probably be under 18 at the time the visa application is submitted, but may be over 18 at the time they actually use the visa. I found a lot of conflicting information on the subject. Some sites say you can apply for the K2 if the child is under 21, but that the stepchild relationship must be established before the child turns 18 (i.e., I'd have to marry her mother before she's 18). Other sites say that only applies to the K4, and that a special exception is made for the K2. I finally found a USCIS memorandum that seems to clarify the issue. A K2 visa holder only has to be under 21 at the time they complete AOS - they can be over 18 at the time the visa app is submitted, and/or the time they use the visa to enter the US.

I was also concerned about the biological father. My fiancee has virtually no contact with him, and is very nervous about the prospect of approaching him for permission for the 17 year old to leave the country. All of the web sites, and two lawyers I've asked, seem to agree on this one. If the child is under 18 when you apply for the K2, then you WILL need the biological father's permission on a notarized letter giving permission for the child to permanently relocate to the US. The only possible way to get around this is if the biological father is unknown (hard to prove if you're collecting child support from him), or if he is confirmed deceased.

Unfortunately, you might have to work something out with your child's father. You established paternity when you got the court order for child support. Once paternity is established, he has the rights of a parent. Maybe you could offer to let him off the hook for child support if he'll agree to allow let your child move to the US.

[Gary and Alla 3,694]

I have a question about the K-2 visa. I am the only parent on my daughters birth certificate however I do have a court order for child support. My daughters father met her for the first time two months ago and told me today that he was going to make a fuss about her leaving the country. Is this something I should be concerned about? If it is an issue how would it be resolved?

Check your consulate. In Ukraine, if the father is not listed on the birth certificate he is pretty much SOL if you know what I mean. The mother gets a "certificate of no father" (for lack of better term) and that is pretty well the end of it. Not sure how Canada handles it. But the father CAN throw a stick in the spokes and stop the issuance of a K-2 in many countries. We had to bribe my wife's ex-husband, who also suddenly became interested in the children he hadn't spoken to or seen for 10 years. A little bit of money snapped him out of sobriety and concern, returned him to his normal state of drunkeness and neglect.

Drunken, neglectful, narcissistic fathers are usually more dependable than attorneys, cheaper to pay for, and the results are guaranteed.

If you get him to sign a letter of approval, make sure it specifies relocation to the USA, that it specifies "permanent relocation" and that it specifies unlimited return trips to Canada and back to the USA.

The age cut off in many countries is 16, it is in Ukraine. Again check with the counsulate you will use.

I've been researching the K2 subject a lot lately since I've got a couple of age related issues - one kid is 18, and the other will probably be under 18 at the time the visa application is submitted, but may be over 18 at the time they actually use the visa. I found a lot of conflicting information on the subject. Some sites say you can apply for the K2 if the child is under 21, but that the stepchild relationship must be established before the child turns 18 (i.e., I'd have to marry her mother before she's 18). Other sites say that only applies to the K4, and that a special exception is made for the K2. I finally found a USCIS memorandum that seems to clarify the issue. A K2 visa holder only has to be under 21 at the time they complete AOS - they can be over 18 at the time the visa app is submitted, and/or the time they use the visa to enter the US.

I was also concerned about the biological father. My fiancee has virtually no contact with him, and is very nervous about the prospect of approaching him for permission for the 17 year old to leave the country. All of the web sites, and two lawyers I've asked, seem to agree on this one. If the child is under 18 when you apply for the K2, then you WILL need the biological father's permission on a notarized letter giving permission for the child to permanently relocate to the US. The only possible way to get around this is if the biological father is unknown (hard to prove if you're collecting child support from him), or if he is confirmed deceased.

Unfortunately, you might have to work something out with your child's father. You established paternity when you got the court order for child support. Once paternity is established, he has the rights of a parent. Maybe you could offer to let him off the hook for child support if he'll agree to allow let your child move to the US.

Check with the consulate. In many countries the age cut-off for absent parent consent is 16.

[JimVaPhuong 4,863]

I've been researching the K2 subject a lot lately since I've got a couple of age related issues - one kid is 18, and the other will probably be under 18 at the time the visa application is submitted, but may be over 18 at the time they actually use the visa. I found a lot of conflicting information on the subject. Some sites say you can apply for the K2 if the child is under 21, but that the stepchild relationship must be established before the child turns 18 (i.e., I'd have to marry her mother before she's 18). Other sites say that only applies to the K4, and that a special exception is made for the K2. I finally found a USCIS memorandum that seems to clarify the issue. A K2 visa holder only has to be under 21 at the time they complete AOS - they can be over 18 at the time the visa app is submitted, and/or the time they use the visa to enter the US.

I was also concerned about the biological father. My fiancee has virtually no contact with him, and is very nervous about the prospect of approaching him for permission for the 17 year old to leave the country. All of the web sites, and two lawyers I've asked, seem to agree on this one. If the child is under 18 when you apply for the K2, then you WILL need the biological father's permission on a notarized letter giving permission for the child to permanently relocate to the US. The only possible way to get around this is if the biological father is unknown (hard to prove if you're collecting child support from him), or if he is confirmed deceased.

Unfortunately, you might have to work something out with your child's father. You established paternity when you got the court order for child support. Once paternity is established, he has the rights of a parent. Maybe you could offer to let him off the hook for child support if he'll agree to allow let your child move to the US.

Check with the consulate. In many countries the age cut-off for absent parent consent is 16.

He's not really absent. My fiancee knows exactly where he lives. She just doesn't have any contact with him. His name is also on the birth certificates. The divorce decree absolves him of having to pay any support, but allows him visitation and participation in raising the kids. He just never exercises that right.

The situation sounds similar to yours. He's an abusive drunk. That's why my fiancee divorced him. Buying him off would probably be pretty easy.

My attorney has already told me that we'd need the letter for the 17 year old. The website for the consulate also lists a "quit claim" is required for all minor children:

http://hochiminh.usconsulate.gov/required_documents2.html

[pushbrk 13,166]

I have a question about the K-2 visa. I am the only parent on my daughters birth certificate however I do have a court order for child support. My daughters father met her for the first time two months ago and told me today that he was going to make a fuss about her leaving the country. Is this something I should be concerned about? If it is an issue how would it be resolved?

Nothing but a country specific answer will do you any good. If you have a child support order though, I suspect you'll need permission to take the child out of the country. Wait for an answer from a Canadian who "knows" though.

[payxibka 10,047]

He's not really absent. My fiancee knows exactly where he lives. She just doesn't have any contact with him. His name is also on the birth certificates. The divorce decree absolves him of having to pay any support, but allows him visitation and participation in raising the kids. He just never exercises that right.

Absent meaning in taking an active interest in the child's life.. not absent meaning you have no knowledge where he might reside

[Hugglebuggles 60]

Like the others suggested, you are better off asking Canadians who have been through similar circumstances. I would suggest posting in the Canada regional forum, there's some very nice and helpful people in there.

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

Good luck!

[LiLMermaid 2]

If he only just met her two months ago then I suggest you go get permission from a judge. You need either his permission OR a judge's. I personally had it written in our final court documents that the children and I were free to move to the USA. You'll also need proof of sole custody. I assume his not being named on the birth certificate would give you that but you might wanna consult a family lawyer.

[LiLMermaid 2]

How old is your daughter? The older she is the easier it will be to get a judge to let you go. It'll just show that he hadn't show any interest and now that you are planning to leave the country he just wants to make your life miserable. You will really need to consult a lawyer though as the single name on the birth certificate might make things different. You may not need his permission at all. I do know in my case I required either HIS written permission or I was going to have to take him to court and convince a judge to give me permission.

[Gary and Alla 3,694]

I've been researching the K2 subject a lot lately since I've got a couple of age related issues - one kid is 18, and the other will probably be under 18 at the time the visa application is submitted, but may be over 18 at the time they actually use the visa. I found a lot of conflicting information on the subject. Some sites say you can apply for the K2 if the child is under 21, but that the stepchild relationship must be established before the child turns 18 (i.e., I'd have to marry her mother before she's 18). Other sites say that only applies to the K4, and that a special exception is made for the K2. I finally found a USCIS memorandum that seems to clarify the issue. A K2 visa holder only has to be under 21 at the time they complete AOS - they can be over 18 at the time the visa app is submitted, and/or the time they use the visa to enter the US.

I was also concerned about the biological father. My fiancee has virtually no contact with him, and is very nervous about the prospect of approaching him for permission for the 17 year old to leave the country. All of the web sites, and two lawyers I've asked, seem to agree on this one. If the child is under 18 when you apply for the K2, then you WILL need the biological father's permission on a notarized letter giving permission for the child to permanently relocate to the US. The only possible way to get around this is if the biological father is unknown (hard to prove if you're collecting child support from him), or if he is confirmed deceased.

Unfortunately, you might have to work something out with your child's father. You established paternity when you got the court order for child support. Once paternity is established, he has the rights of a parent. Maybe you could offer to let him off the hook for child support if he'll agree to allow let your child move to the US.

Check with the consulate. In many countries the age cut-off for absent parent consent is 16.

He's not really absent. My fiancee knows exactly where he lives. She just doesn't have any contact with him. His name is also on the birth certificates. The divorce decree absolves him of having to pay any support, but allows him visitation and participation in raising the kids. He just never exercises that right.

The situation sounds similar to yours. He's an abusive drunk. That's why my fiancee divorced him. Buying him off would probably be pretty easy.

My attorney has already told me that we'd need the letter for the 17 year old. The website for the consulate also lists a "quit claim" is required for all minor children:

http://hochiminh.usconsulate.gov/required_documents2.html

"Absent Parent" is a USCIS term. It means he is "absent" from the visa process and interview, not that he has literally vanished.

[Gary and Alla 3,694]

I have a question about the K-2 visa. I am the only parent on my daughters birth certificate however I do have a court order for child support. My daughters father met her for the first time two months ago and told me today that he was going to make a fuss about her leaving the country. Is this something I should be concerned about? If it is an issue how would it be resolved?

Nothing but a country specific answer will do you any good. If you have a child support order though, I suspect you'll need permission to take the child out of the country. Wait for an answer from a Canadian who "knows" though.

Pushbrk is correct, these are country specific items. I intended only to present some possibilities. This issue has been addressed many times here and I have seen some specific responses from Canadians. Do a search of the forums and I think you will find an answer.

[ChristinePR 0]

I have a question about the K-2 visa. I am the only parent on my daughters birth certificate however I do have a court order for child support. My daughters father met her for the first time two months ago and told me today that he was going to make a fuss about her leaving the country. Is this something I should be concerned about? If it is an issue how would it be resolved?

Hi,

I have a 11 years old daugther and we had our visa interview last week in Montreal. You will need a notarized letter of the other parent (the father) specifiying that: You need to have a court jugement mentionning you have sole custody of the child, and also you will need a notarized letter from the other parent (the father) stating that he agrees his child moves to USA with his mother.

In my case I did not have sole custody of my daugther so I had to ask the father to come with me to my attorney and I have redone the agreement with him. I agreed to not ask for more child support as he was worried about paying more. He knew I would not work probably for a while without a green card. We also established new visit schedule as I will pay for all the flights for her to come to Canada. The visitation will be 4 weeks during summer and 1 week for spring break and 1 week at Christmas. The new court jugement of February 2009 mention that I have Sole Custody of my daughther and also to avoid any confusion or problems I requested they put his statement that he agrees that the child moves with the mother in USA.

The paper received in packet 3 mentionned both requirements. At the interview the officer asked if I have sole custody and to show her the original court jugement and for a copy. She asked me also for the notarized letter letter of the father stating that he agrees to his child moving in USA. I did not need the letter as it was written down in the jugement, I told them that and showed them where it was stated on the court jugement and they carefully review the content.

I hope this information helps you.

Christine

[Jauque 1]

Thanks for all your replies. I'm still very confused however, perhaps I will call the consulate and find out for certain what kind of documentation I will need.

She is four. As far as sole custody goes, I have no custody order, however she has always been in my custody.

If its of any relevance when I've taken her with me to the USA in the past I've only ever used her Birth Certificate and I've never had a problem before. Obviously this is a little different than a two week trip however.

[Jauque 1]

The paper received in packet 3 mentionned both requirements.

Does anyone know the name of this paper? Or where I might be able to find a copy of it online? This sounds like exactly the information I'm looking for. Also ChristinePR is your childs fathers name on your childs birth certificate?

[Gary and Alla 3,694]

The paper received in packet 3 mentionned both requirements.

Does anyone know the name of this paper? Or where I might be able to find a copy of it online? This sounds like exactly the information I'm looking for. Also ChristinePR is your childs fathers name on your childs birth certificate?

Instructions for packet 3. You can download it at the consulate website. Traveling to the USA and getting a visa are two different things. For Ukraine we needed a notarized letter to obtain the visa and leave the country and still need to present the letter any time my wife leaves Ukraine with our son, even though he now is a USA LPR. You basically do NOT leave Ukriane with a minor child without it, visa or no visa. One is the rule of the US State Dept, the other is the rule of the country.

We live 6 miles from Canada and travel there very frequently with our son and never are asked for anything but his green card. Also the US and Canada are unique in not requiring any documents to LEAVE the country, only to enter. However your daughter will need a K-2 in order to do the AOS

We were required at the interview to present ONE of the following

Notarized letter from father allowing permanent relocation to the USA OR

Court Order of Sole Custody OR

Death Cerificat eof father OR

Certificate of No Father

The poster above indicates more than one of these is needed in Canada. Check the packet three instructions