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Filed: Country: New Zealand
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Posted

I am wondering if anyone has the experience of taking a child with a Guardianship order, day to day care, and a Parenting order,all through the NZ Family Court. His biological mother has absolutely no desire to contact or spend time with him, she can visit with supervision but has never taken that opportunity.

At the moment I have an application before the Family Court to take him with me on a K2 visa, but no-one knows where his mother is to serve the paperwork and Court Documents, she has no intention of being found or give her permission. This has been going on since early February.

What I want to know is: when we are interiewed at the Embassey can the Consulate General look at this case and see that his mother has not offered an alternative or wants to be part of his life and grant his visa to come with me?

He has no-one else here who is willing to bring him up so if he stays he will go into Foster Care. I would never let that happen when he has an opportunity to have a wonderful life with me and my husband-to-be and we both want him with us.

I can`t find indepth info on K2 visa nonbiological parents and Immigration so help is appreciated.

Filed: IR-1/CR-1 Visa Country: Vietnam
Timeline
Posted

There is no grandchild or guardian visa. The child would have to be adopted. And that needs to follow certain international convention guidelines. Not a call that an immigration official can make.

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Filed: Citizen (apr) Country: Ireland
Timeline
Posted

The above is correct. You cannot take a child you have guardianship over with you on a K2.

However, if this child has lived with you and you had legal guardianship for 2 years, and you can adopt the child legally in your home country, then you should be able to get a K2 for him.

Bye: Penguin

Me: Irish/ Swiss citizen, and now naturalised US citizen. Husband: USC; twin babies born Feb 08 in Ireland and a daughter in Feb 2010 in Arkansas who are all joint Irish/ USC. Did DCF (IR1) in 6 weeks via the Dublin, Ireland embassy and now living in Arkansas.

mod penguin.jpg

Filed: Country: New Zealand
Timeline
Posted

The above is correct. You cannot take a child you have guardianship over with you on a K2.

However, if this child has lived with you and you had legal guardianship for 2 years, and you can adopt the child legally in your home country, then you should be able to get a K2 for him.

I`m sure in New Zealand we need his biological mother`s consent to adopt, and she won`t give it. His father is "unknown" so that isn`t an obstacle.

The thing is as a grandparent I can take him on a K2 visa with a written letter of consent, and as she won`t engage in the legal process I`ve applied to the Family Court for permission to relocate to another country.

He`s now 7 years old and he has been with me fulltime since he was 5 weeks old.

I will have to find out whether I`ve been misinformed in the first place regarding the K2 visa and grandchildren.

Thank-you

Filed: Citizen (apr) Country: Australia
Timeline
Posted

I`m sure in New Zealand we need his biological mother`s consent to adopt, and she won`t give it. His father is "unknown" so that isn`t an obstacle.

The thing is as a grandparent I can take him on a K2 visa with a written letter of consent, and as she won`t engage in the legal process I`ve applied to the Family Court for permission to relocate to another country.

He`s now 7 years old and he has been with me fulltime since he was 5 weeks old.

I will have to find out whether I`ve been misinformed in the first place regarding the K2 visa and grandchildren.

Thank-you

You have been misinformed. K2 is for children of fiance/es, not grandchildren. Though you look after him, it simply isn't possible to get it as a K2. I suggest looking into adoption with "abandonment" or something like that as the reason. What about "best interest of the child" adoption? Otherwise you will have to remain in NZ if you plan on keeping the child with you.

 
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