What Will US Embassy Require For Children To Exit Their Home Countrys

[keithNvaleria 0]

I am aware that K-2 applicants are required to submit DS-156, DS-230, I-134 and Medical Exams. My concern is ...what is required to satisfy our US Embassy that the children are not leaving their home countrys without permission? In our case, Child#1 is Honduran and living in Costa Rica under her Honduran mothers Costa Rica Residency. Child #1 has a Honduran Birth Certificate and Passport. The birth certificate only lists her mother and does not list a father. My fiance has traveled through Costa Rica, Nicaragua and Honduras with no problems. Child#2 has a Costa Rica Birth Certificate listing a father, Costa Rica Passport and a "Permanent" Exit Permit ( Permanente- Permiso de Salida de Personas Menores de Edad)issued by the Costa Rica Department of Migrations. According to the Costa Rica government, he is free to leave permanently, accompanied by his mother. She has also traveled through Costa Rica, Nicaragua and Honduras with no problems. Just to clear the record, the same guy fathered both kids and never provided support. I am the only father that they recognize or even remember. The sperm donor was given the choice to consent to the permit or go to jail for non-support. We are ready to go for interview and I want to be prepared.

Edited October 11, 2009 by keithNvaleria

[JimVaPhuong 4,863]

The "general requirement" is a quit claim, signed and notarized by the non-immigrating parent, giving permission for the child to immigrate permanently to the US. Some consulates may also require a photocopy of a form of legal identification (passport, national ID, etc.) for the non-immigrating parent. If the non-immigrating parent is dead, then a death certificate would pretty much always be acceptable. If the quit claim cannot be obtained, then it will vary widely from one consulate to another. Some consulates will accept a court order of sole physical and legal custody in lieu of the quit claim, but some consulates will not because it puts them in the position of having to interpret a legal document issued by a foreign court. In countries where it's possible to "buy" legal documents by greasing a local official, then it's less likely they'd accept any court document in lieu of a quit claim.

If the non-immigrating parent cannot be located, then some consulates may accept evidence that a sincere effort has been made to locate the parent without success.

The fact that your fiancee can leave the country without needing any further documentation is good - it's one less hurdle you have to deal with in getting her children to the US, but it won't affect the K2 process at all. You still have to meet the requirements of the consulate to get the visa. In other words, you have to deal with the local government to get her kids out of the country. You have to deal with the US government to get her kids into the US.

Your best bet is to get the quit claim. Otherwise, you're going to have to contact the consulate and see what evidence they're going to require. Sadly, at some consulates, no quit claim = no K2, end of story.