K2 Question

[aclassic 0]

My finance is from China and she has a 4 year old daughter. I think that she is finally convinced that she should bring her daughter along when her visa is approved and not wait to bring her at a later date. I have already advised her that her daughter must leave China within the year after the K1 and her daughters K2 are approved. My question is regarding documentation for her daughter. Obviously she will have to obtain a birthcerticate along with the official translation as well as a passport, etc. She claims that she has legal custody so I assume she will have to present the custody papers along with an official translation. Does she still need permission of some sort from her former husband?

[raymaga 25]

If your wife's daughter does not accompany her to the U.S., then the child's K-2 Visa must be obtained within one year of her mother's K-1 Visa. Then, once the K-2 Visa is issued, it is valid for 6 months.

If she has sole custody of the child, then your wife does not need to have permission from the child's father. If she has joint custody, then a notarized letter from the child's father is necessary.

[aclassic 0]

Thanks for your response. She has told me that the father has not seen his daughter for more than seven months now. I think she has sole custody, but I will verify that information with her. Thanks again

If your wife's daughter does not accompany her to the U.S., then the child's K-2 Visa must be obtained within one year of her mother's K-1 Visa. Then, once the K-2 Visa is issued, it is valid for 6 months.

If she has sole custody of the child, then your wife does not need to have permission from the child's father. If she has joint custody, then a notarized letter from the child's father is necessary.