K-2 Visa

[rooster 1]

As I recall from our own experience, the birth certificate that matters is the "long" form BC. It usually has both parents names on it. The short form does not. Unless the bio father has had rights removed, the previous posters have given you good information. If there has been no legal custody arrangement to date, I would suggest you proceed with that immediately. Especially if the "sperm donor" is just now threatening to cause you problems with the move. One thing you have to consider, is WHY he is just now becoming involved in the childs life. Did she just recently reveal to him that she has his child? Or, Has he known all along and chosen to ignore the child for the past 4 years? These can play a huge factor in a judges decision.

Another thing that you might need to show, is how a move would "enrich or enhance" the life of the child. IE...would she have a better quality of life in the US than she does in Canada? And do NOT be arrogant and think that "Yea it is the US, how would it not be better". You will not always have to show this but, it will depend on the judge that you get. Believe me, the judges are individuals and thier own biases can play a role in thier rulings. Been there done that.

[ChristinePR 0]

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.

Hi Kate,

I understand you are confused. All the information you received by others state the same you will need documents. My child birth certificate shows the father name. the point 11 in the packet 3 state the following:

DOCUMENTS FOR ACCOMPANYING CHILD: Your children, if under 21 and unmarried, may also receive a visa, but only if they are included in the petition of your fiance and listed in the first paragraph of this letter. Each child must have all the documents noted above (on the checklist download it from this site from the consulate info vancouver) except for police certificates if under the age of 16. Evidence of support must mention each child name. Children must have their own passport. You must show that you have sole custody of any children under age 18 who will accompanying you to the US. Present divorce jugements showing that you have sole custody of accompanying children. If you do not have sole custody, you must obtain a notarized statement from the children other parent stating that they have no objection to the children immigration to the United States.

If you have travelled before to US with your daughter without any question from the custom border officer it is because you brought your child birth certificate with no father name on it. Each time I crossed with my daugther they asked question on where he was and I have to have a notarized permission signed by him for me to take her for a visit and vacation in US. I am ok with this as I personnaly as a mother would not want the father to get out of Canada during his visitation rights with her. We will swore at the beginning of the interview and you will be asked questions about the father. It is not because his name is not on the birht certificate that he does not have any rights toward his child. If he does not want to sign the permission letter you will need to go to court and the judge will simply take the decision. Like Rooster said previously if there has been no legal custody arrangement to date, you should proceed with that as soon as possible and before the father decide to do so and request custody himself. You have took care of your child and this is in your favor as the father never applyed his visitation rights except for 2 months ago. I do not want to scare you in anyway but both parents has the same right and no having no custody arrangement will be a very serious matter from the immigration point of view. They will not issued a visa without having legal documents, do not thake this the wrong way but as a mother it is exactly what they should do to protect children from abduction.

Here is the link for the vancouver embassy information where you can dowload all the documents:

http://www.visajourney.com/consulates/inde...p;cty=Vancouver

Wishing you all the best and keep the good energy.

Christine

[Jauque 1]

Thank you all so much, I was able to get it all figured out. At the risk of having to go back to court for a custody order he's agreed to sign a notarized paper. Thanks for all the information!

[Gary and Alla 3,694]

Thank you all so much, I was able to get it all figured out. At the risk of having to go back to court for a custody order he's agreed to sign a notarized paper. Thanks for all the information!

[rooster 1]

Thank you all so much, I was able to get it all figured out. At the risk of having to go back to court for a custody order he's agreed to sign a notarized paper. Thanks for all the information!

I am glad to hear the father has agreed. But, although I am not 100% sure, I believe the USCIS might still need some form of court order at least granting you the custodial parent. I think this could be executed fairly simply. Just have it drawn up with visitation provisions, if the father wants them, ahead of time. The father could sign them both in front of the notary and a judge would only have to sign them in his chambers. As long as the father agrees, this should never have to enter an actual court room. I realise this might cost you a bit more in lawyer fees but, this would lessen the chances of the father changing his mind and lodging any sort of protest. And even if he does, it will strengthen your position in any custody battle.

Gary, RebeccaJo, or the Mermaid are all more versed in actual law than I am. If any or all of them would chime in on this part, I would greatly appreciate it.

[Jauque 1]

I've actually found a kit from the court of queens bench that is used in custody cases with a place for both parents to sign. I will definatly print those out as well and get them notarized jsut to be on the safe side, thanks rooster.