Permission letter from Father

[paulchs 0]

Hi, we are about to start the K-1 Visa process but our main concern is getting the letter from the father allowing permission for her 2 children to permanently reside in the USA. The children are ages 7 and 11 and the father has agreed to sign allowing them to permanently reside in the USA. My fiance wants to get this letter signed by him as soon as possible before he changes his mind. My question is what is the best wording for this letter, who has to "witness" it and does it need to be notarized or signed by a lawyer? She lives in Monterrey Mexico and since this is our main concern regarding the children and their permission we are hoping for answers before we take the next step to begin the K-1 visa process. Also, at what point in this process will it need to be shown or submitted. Thanks!

[JimVaPhuong 4,863]

Hi, we are about to start the K-1 Visa process but our main concern is getting the letter from the father allowing permission for her 2 children to permanently reside in the USA. The children are ages 7 and 11 and the father has agreed to sign allowing them to permanently reside in the USA. My fiance wants to get this letter signed by him as soon as possible before he changes his mind. My question is what is the best wording for this letter, who has to "witness" it and does it need to be notarized or signed by a lawyer? She lives in Monterrey Mexico and since this is our main concern regarding the children and their permission we are hoping for answers before we take the next step to begin the K-1 visa process. Also, at what point in this process will it need to be shown or submitted. Thanks!

The letter has to explicitly say that the father is giving his permission for the children to move permanently to the United States. The letter should be signed in front of a notary, and stamped and signed by the notary. The letter will need to be submitted with the children's K2 visa applications at the consulate.

I don't know the particular laws in Mexico, so you should also check and see if permission is required by the Mexican government for the children to leave the country, and what the process is for getting and submitting that permission.

[Gary and Alla 3,694]

Hi, we are about to start the K-1 Visa process but our main concern is getting the letter from the father allowing permission for her 2 children to permanently reside in the USA. The children are ages 7 and 11 and the father has agreed to sign allowing them to permanently reside in the USA. My fiance wants to get this letter signed by him as soon as possible before he changes his mind. My question is what is the best wording for this letter, who has to "witness" it and does it need to be notarized or signed by a lawyer? She lives in Monterrey Mexico and since this is our main concern regarding the children and their permission we are hoping for answers before we take the next step to begin the K-1 visa process. Also, at what point in this process will it need to be shown or submitted. Thanks!

First, I recommend you get this letter BEFORE you file the petition. My wife had two children we needed this for. Get all these hurdles out of the way FIRST. You let this guy get wind that she needs this for a K-1 visa under some sort of time constraint and the price can go up like a sky-rocket. DO THIS FIRST

OK, that said....

The letter MUST state he is giving his permission for her to relocate the children (List children by NAME and birhdate) PERMANENTLY to the UNITED STATES OF AMERICA. Other than that the wording is not so important. I recommend you have the letter done by an attorney, signed in the attorneys office and notarized/witnessed by the attorney or staff. I also recommend that the letter specify that the permission granted is effective indefinitely and for all future travels in addition to the visa purpose. The letter does NOT have to state it is for a K-1,K-2 visa, I recommend you do NOT state this. She will likely need the letter for future travels and it is best to leave it as broad as possible.

Get several "original signature" letters. Keep them in a safe place. You also need a copy of the fathers passport signature and photo page. We used the "internal passport" of the father. He did not have an international passport and this was accepted by Kiev. If the father does not have a passport, check with the consulate what type of ID they will accept to go with the letter. Get copies of this at the "signing party" at the attorneys office.

The permission letter must be translated to English after you get it.

[brlukath 1]

There is no problem with getting this done ahead of time, and I agree that it is probably a good idea. Nevertheless, be aware that the consulate may or may not ask for an updated permission at the time of the interview, which will be much later, and the father could always change his mind. This caveat is independent of any Mexican law requirements. Upshot: stay on good terms with Daddy.

Unless Mexico has a specific form, I would submit a notarized “declaración jurado,” which is a sworn affidavit, stating that the father (include all important identifying information, i.e. cedula/national identification) gives express permission for the children (include full legal names, dates of birth, and any other identifying information used in Mexico) to move with the mother (again include all important information).

[paulchs 0]

Thanks everybody for the excellent information and your time, it has been VERY helpful.

We do have another more detailed question regarding this permission letter please. Is anyone aware of the procedure to get this document notarized in Mexico? Is it best to have lawyer type this and notarized as recommended by previous response, or is she able to type this herself and have it notarized somewhere. I am hoping someone with previous experience obtaining a permission letter and getting it notarized in Mexico is familiar with this. Thanks!

Edited June 18, 2009 by paulchs

[Cruzii 0]

Does this document have an "expiration" date? I've got a permission letter from my ex-husband to travel and immigrate with my child right when we divorced, which was 3 years ago. Now I'm going to finally use it, and was wondering would it still be good?