My fiancee can sign her 5-year-old's documents, right?

[nynex 0]

Hi all,

Going to an interview in Rio in a few weeks for our K1.

My fiance has a 5 year old daughter and is divorced from the daughter's father. We have the father's permission to travel to the US for 7 months. The US consulate in Rio has explicitly told us they don't care about the permission to travel, and that that is just between us, him, Brazilian law, and Brazilian airport authorities.

So, can my fiance sign all her daughter's documents? Does she need permission from father or anything to sign the document? Anybody see any problems here?

[SunDrop 59]

Hi all,

Going to an interview in Rio in a few weeks for our K1.

My fiance has a 5 year old daughter and is divorced from the daughter's father. We have the father's permission to travel to the US for 7 months. The US consulate in Rio has explicitly told us they don't care about the permission to travel, and that that is just between us, him, Brazilian law, and Brazilian airport authorities.

So, can my fiance sign all her daughter's documents? Does she need permission from father or anything to sign the document? Anybody see any problems here?

When you say 'explicitly told' you, is this something you have in writing? If not, you cannot prove they ever said it.

The child will benefit from being allowed to enter the US permanently as her mother's dependent. You are having to prove that you can support them both financially and she will benefit from eventually having the right to claim US citizenship. The letter must grant permission to move permanently in order for a visa to be legally granted.

If I were a CO or part of the brazilian airport authorities, I would not allow your fiancee's daughter to obtain/ travel on a K2 visa, as it becomes an issue of international law if your fiancee does not return the child to her father after 7 months. You don't want a situation where you encounter allegations of child abduction!

If you've got it in writing from them, then lucky you! Personally, I wouldn't take the risk of having the child's visa refused and certainly wouldn't take the risk of turning up at the airport with the child thinking she's moving to the US, only to have the airport authorities refuse to allow her to travel.

Having said all of that, if the child custody arrangements state that the child lives with her mother 7 months of the year and with her father the remaining 5 months, I would amend the letter of consent from her father to state that he is granting permission for the child to reside permanently in the US, but that the current arrangements for access will remain in place, detailing the months specifically. I would also invest in having a lawyer draw it up so that is is accurately legally worded and covers issues like who is responsible for paying for the travel costs, etc.

On the note of can she sign, yes of course. She is the child's legal guardian and the child is too young to have any proper understanding of what she would be signing!

[WizandDorothy 0]

Hi, I agree with Sundrop , you must have written consent from Biological father that he has granted permission for the child to move to USA , and as with myself I had a new section put into my divorce decree stating all the new arrangements with Biological father once we move to USA , visitations , costs of airfares , access to child via phone , skype etc. Try do this is will be important in the interview and prevent any problems with biological father while you are living in USA - and yes fiance must sign documents on behalf of child unless she is older than 16 yrs . Best of Luck to you two

Hi all,

Going to an interview in Rio in a few weeks for our K1.

My fiance has a 5 year old daughter and is divorced from the daughter's father. We have the father's permission to travel to the US for 7 months. The US consulate in Rio has explicitly told us they don't care about the permission to travel, and that that is just between us, him, Brazilian law, and Brazilian airport authorities.

So, can my fiance sign all her daughter's documents? Does she need permission from father or anything to sign the document? Anybody see any problems here?

When you say 'explicitly told' you, is this something you have in writing? If not, you cannot prove they ever said it.

The child will benefit from being allowed to enter the US permanently as her mother's dependent. You are having to prove that you can support them both financially and she will benefit from eventually having the right to claim US citizenship. The letter must grant permission to move permanently in order for a visa to be legally granted.

If I were a CO or part of the brazilian airport authorities, I would not allow your fiancee's daughter to obtain/ travel on a K2 visa, as it becomes an issue of international law if your fiancee does not return the child to her father after 7 months. You don't want a situation where you encounter allegations of child abduction!

If you've got it in writing from them, then lucky you! Personally, I wouldn't take the risk of having the child's visa refused and certainly wouldn't take the risk of turning up at the airport with the child thinking she's moving to the US, only to have the airport authorities refuse to allow her to travel.

Having said all of that, if the child custody arrangements state that the child lives with her mother 7 months of the year and with her father the remaining 5 months, I would amend the letter of consent from her father to state that he is granting permission for the child to reside permanently in the US, but that the current arrangements for access will remain in place, detailing the months specifically. I would also invest in having a lawyer draw it up so that is is accurately legally worded and covers issues like who is responsible for paying for the travel costs, etc.

On the note of can she sign, yes of course. She is the child's legal guardian and the child is too young to have any proper understanding of what she would be signing!

[marshakixx1011 0]

in our case, i have a 4 yr. old son. i signed everything for his papers. they will tell you to sign it for her. and they didnt ask any letter from his father. we were not married, that means i am single. so as long as you have all the papers to prove that you are single, no more letter needed. even though they are using your ex's last name, coz i met a k1 visa applicant too..in the clinic. she was married before. but they went to an annulment. her kids were using the last name of their father. they went smoothly through the embassy. no letter were asked..as long as she has he singleness papers..no sweat!lol

[SunDrop 59]

in our case, i have a 4 yr. old son. i signed everything for his papers. they will tell you to sign it for her. and they didnt ask any letter from his father. we were not married, that means i am single. so as long as you have all the papers to prove that you are single, no more letter needed. even though they are using your ex's last name, coz i met a k1 visa applicant too..in the clinic. she was married before. but they went to an annulment. her kids were using the last name of their father. they went smoothly through the embassy. no letter were asked..as long as she has he singleness papers..no sweat!lol

It is entirely dependent on the country and the legal status of the biological father. Even if my daughter's father and I had not been married, the London USEM would have required a letter stating that he permits me to immigrate permanently with her. This father is obviously still very involved in the child's life, and therefore I would be cautious about trying to proceed with just '7 months' permission, when the mother is proposing immigrating on a permanent basis.

How devastating would it be to this young child to be all ready and excited to move, or even to the mother, if the child is then not allowed to go?

[Gary and Alla 3,694]

Hi all,

Going to an interview in Rio in a few weeks for our K1.

My fiance has a 5 year old daughter and is divorced from the daughter's father. We have the father's permission to travel to the US for 7 months. The US consulate in Rio has explicitly told us they don't care about the permission to travel, and that that is just between us, him, Brazilian law, and Brazilian airport authorities.

So, can my fiance sign all her daughter's documents? Does she need permission from father or anything to sign the document? Anybody see any problems here?

Yes, I see problems here.

The mother can sign. That is not the problem.

The information you have regarding the letter from the father may be consulate specific but I have never heard of such a thing...never. I have also, in the past, received bad information IN WRITING from consulates. If the consulate has made an error, you will not get the K2 visa. If THEY make a mistake...YOU pay the price. There are international agreements regarding the movement of children across international borders, it NOT between you, Brazil and the Fqather unless Brazil is not a signatory of those treaties (which is possible)

I would seek further advice on this and get it in writing from the head of the visa section before going to your interview. DO NOT believe what some telephone answerer told you on the phone.

Also ask poepl in your regional sub-forum familiar with this that have also processed K2s in Rio. Or another member may read this and know. This I can say, I know of NO case where a K2 visa was issued based on permission to travel for 7 months.

[Gary and Alla 3,694]

in our case, i have a 4 yr. old son. i signed everything for his papers. they will tell you to sign it for her. and they didnt ask any letter from his father. we were not married, that means i am single. so as long as you have all the papers to prove that you are single, no more letter needed. even though they are using your ex's last name, coz i met a k1 visa applicant too..in the clinic. she was married before. but they went to an annulment. her kids were using the last name of their father. they went smoothly through the embassy. no letter were asked..as long as she has he singleness papers..no sweat!lol

DO NOT ASSUME THIS CORRECT !!!

This is Phillipines specific. Phillipines is NOT a signatory to the international agreements I mentioned and makes their own rules. This situation is unique to the PIs that I know of, but there, of course, can be other countries.

I can promise you in Ukraine your 7 month letter would have NO PRAYER of getting you a K2 visa and could even get the K1 denied for attempting some sort of fraud (I know of exactly this case in June in Kiev) But I do not say this is the case in Rio, I only say you need to check this out completely and thoroughly

[Gary and Alla 3,694]

Hi all,

Going to an interview in Rio in a few weeks for our K1.

My fiance has a 5 year old daughter and is divorced from the daughter's father. We have the father's permission to travel to the US for 7 months. The US consulate in Rio has explicitly told us they don't care about the permission to travel, and that that is just between us, him, Brazilian law, and Brazilian airport authorities.

So, can my fiance sign all her daughter's documents? Does she need permission from father or anything to sign the document? Anybody see any problems here?

When you say 'explicitly told' you, is this something you have in writing? If not, you cannot prove they ever said it.

The child will benefit from being allowed to enter the US permanently as her mother's dependent. You are having to prove that you can support them both financially and she will benefit from eventually having the right to claim US citizenship. The letter must grant permission to move permanently in order for a visa to be legally granted.

If I were a CO or part of the brazilian airport authorities, I would not allow your fiancee's daughter to obtain/ travel on a K2 visa, as it becomes an issue of international law if your fiancee does not return the child to her father after 7 months. You don't want a situation where you encounter allegations of child abduction!

If you've got it in writing from them, then lucky you! Personally, I wouldn't take the risk of having the child's visa refused and certainly wouldn't take the risk of turning up at the airport with the child thinking she's moving to the US, only to have the airport authorities refuse to allow her to travel.

Having said all of that, if the child custody arrangements state that the child lives with her mother 7 months of the year and with her father the remaining 5 months, I would amend the letter of consent from her father to state that he is granting permission for the child to reside permanently in the US, but that the current arrangements for access will remain in place, detailing the months specifically. I would also invest in having a lawyer draw it up so that is is accurately legally worded and covers issues like who is responsible for paying for the travel costs, etc.

On the note of can she sign, yes of course. She is the child's legal guardian and the child is too young to have any proper understanding of what she would be signing!

Sundrop, I believe you are spot on on this answer, however is does not matter if it is in writing. If they made a mistake, even in writing, you get no visa. They don't just say "OH, we made a mistake, to heck with the international treaty we signed...you can have your visa" NOPE. The say "we made a mistake, get us that letter and you can hvae your visa"

[Gary and Alla 3,694]

Hi all,

Going to an interview in Rio in a few weeks for our K1.

My fiance has a 5 year old daughter and is divorced from the daughter's father. We have the father's permission to travel to the US for 7 months. The US consulate in Rio has explicitly told us they don't care about the permission to travel, and that that is just between us, him, Brazilian law, and Brazilian airport authorities.

So, can my fiance sign all her daughter's documents? Does she need permission from father or anything to sign the document? Anybody see any problems here?

Sorry to harp on this, but K2s are something I follow quite a bit and something I have a lot of experience with. The response you are telling me you got from the "consulate" is just bizarre. I just do not see it as correct. Also, IF it is just between "you, him, Brazillain law" what exactly is Brazilian law? Also if it is between you and him, he says the child can leave for 7 months! The K2 is for permanent residency! It isd not a matter, as the person from Phillipines suggested, that you do not ahve aletter from a man she is not married to, it is a matter that you have a letter that specifically grants permission for 7 months.

Incidentally, yes, you must also deal with Brazilian law. My wife had to show this letter to leave Ukraine with our 13 year old after her visa was issued and again this summer when we visited and after they are both permanent residents. Until he is age 16 she will have to have that letter to leave the country with him.

[IBLP 1]

Hi all,

Going to an interview in Rio in a few weeks for our K1.

My fiance has a 5 year old daughter and is divorced from the daughter's father. We have the father's permission to travel to the US for 7 months. The US consulate in Rio has explicitly told us they don't care about the permission to travel, and that that is just between us, him, Brazilian law, and Brazilian airport authorities.

So, can my fiance sign all her daughter's documents? Does she need permission from father or anything to sign the document? Anybody see any problems here?

Hello,

I have the same question...the only difference is that my dughter is 18 and according to the Brazilian law she is not a minor anymore therefore she can travel without her father's persmission.

What I read on a chat a while ago with the american consul in Rio is that the responsability is related to the Brazilains authoroties:(part is written in Portuguese)

http://www.embaixada-americana.org.br/inde...mp;itemmenu=163

sirlene arroyo: como faço para que meus filhos possam viajar para fors do pais sem a autorizaçao do pai que nao temos contato a 8 anos ja que reside fora do pais -

NIV Consul: Fathers authorization is related to the federal police of Brazil.

[TerriandEric 4]

I am in agreement with Sundrop on this one. A letter from the biological father stating he gives consent for the move is the only way to go. We obtained that letter for my children for our I129F because we knew that without it there was no chance of them being able to join us there. That said, I now have the letter granting permission for my children & my son is opting to stay in Australia to finish his schooling.

What this has made me wonder after reading Gary's post, do we need an affidavit from my ex husband to grant permission for my children to travel outside of the USA once we go through AOS as well? If so, I better get him to do this ASAP before the packet reaches the consulate in Sydney.

[Bec&Ben 0]

I'm a bit confused after reading this... my fiance in the USA is now in the process of getting some docs together to file the I129F, when is the letter regarding custody needed to be filed? I didn't think we needed a letter regarding my son's custody until at later date?

My son's father lives in the UK, I live in Australia with my son (he's nearly 6) & we have a verbal arrangement in place. He's quite happy to sign an Affidavit for my son to move to the States with me.

As for the "7 month arrangement".. if it's only verbal it can't be proved it was said, and Family Law is one of those things that can get really quite messy. I'd get the Father to put something in writing.. without specifying how long your child can stay in the USA.

[TerriandEric 4]

I'm a bit confused after reading this... my fiance in the USA is now in the process of getting some docs together to file the I129F, when is the letter regarding custody needed to be filed? I didn't think we needed a letter regarding my son's custody until at later date?

My son's father lives in the UK, I live in Australia with my son (he's nearly 6) & we have a verbal arrangement in place. He's quite happy to sign an Affidavit for my son to move to the States with me.

As for the "7 month arrangement".. if it's only verbal it can't be proved it was said, and Family Law is one of those things that can get really quite messy. I'd get the Father to put something in writing.. without specifying how long your child can stay in the USA.

You dont need the letter until the interview stage, but I got mine in advance because my ex is not prompt in returning things to me when I ask....plus he lives over in WA somewhere. I just wanted to be prepared & not have him hold us up.