Father from Mexico abandoned children, petitioning for them....

[yenom34 1]

This is all of the required documentation I see on the USCIS Website:

Required Documentation

You, the foreign-citizen spouse, (and eligible children applying for K-4 visas) will be required to bring the following forms and documents to the visa interview:

• Two (2) Nonimmigrant Visa Applications, Form DS-156 (prepared in duplicate.) NOTE: K-3/K-4 visa applicants should not fill in Form DS-160, Online Nonimmigrant Visa Application
• One (1) Application For Immigrant Visa and Alien Registration, Form DS-230, Part I (You are not required to complete Part II.)

K Visa applicants applying at U.S. Consulate General Montreal and U.S. Consulate General Ciudad Juarez have different application form requirements. Review information on the U.S. Consulate General Montreal or U.S. Consulate General Ciudad Juarez website to learn which forms you must complete.

• A passport valid for travel to the United States and with a validity date at least six months beyond your intended period of stay in the U.S. (unless country-specific agreements provide exemptions)
• Birth certificate
• Marriage certificate for the marriage to the U.S. citizen spouse
• Divorce or death certificate(s) of any previous spouse(s)
• Police certificates from your present country of residence and all countries where you have lived for 6 months or more since age 16. (Police certificates are also required for accompanying children age 16 or older.)
• Medical examination (vaccinations are optional, see below)
• Evidence of financial support (Form I-134, Affidavit of Support may be requested)
• Two (2) 2x2 photographs. See the required photo format explained in Photograph Requirements
• Evidence of relationship with your U.S. citizen spouse
• Payment of fees, as explained below

Note: The Consular Officer may ask for additional information, such as wedding photographs and other proof that the marriage to your U.S. citizen spouse is genuine. Documents in foreign languages, other than the language of the country in which the application takes place, should be translated. Applicants should take to the visa interview clear, legible photocopies of civil documents and translations, such as birth and marriage certificates. Original documents and translations will be returned.

This is it......

Standing by

[Rostel 4]

This is all of the required documentation I see on the USCIS Website:

Required Documentation

You, the foreign-citizen spouse, (and eligible children applying for K-4 visas) will be required to bring the following forms and documents to the visa interview:

• Two (2) Nonimmigrant Visa Applications, Form DS-156 (prepared in duplicate.) NOTE: K-3/K-4 visa applicants should not fill in Form DS-160, Online Nonimmigrant Visa Application
• One (1) Application For Immigrant Visa and Alien Registration, Form DS-230, Part I (You are not required to complete Part II.)

K Visa applicants applying at U.S. Consulate General Montreal and U.S. Consulate General Ciudad Juarez have different application form requirements. Review information on the U.S. Consulate General Montreal or U.S. Consulate General Ciudad Juarez website to learn which forms you must complete.

• A passport valid for travel to the United States and with a validity date at least six months beyond your intended period of stay in the U.S. (unless country-specific agreements provide exemptions)
• Birth certificate
• Marriage certificate for the marriage to the U.S. citizen spouse
• Divorce or death certificate(s) of any previous spouse(s)
• Police certificates from your present country of residence and all countries where you have lived for 6 months or more since age 16. (Police certificates are also required for accompanying children age 16 or older.)
• Medical examination (vaccinations are optional, see below)
• Evidence of financial support (Form I-134, Affidavit of Support may be requested)
• Two (2) 2x2 photographs. See the required photo format explained in Photograph Requirements
• Evidence of relationship with your U.S. citizen spouse
• Payment of fees, as explained below

Note: The Consular Officer may ask for additional information, such as wedding photographs and other proof that the marriage to your U.S. citizen spouse is genuine. Documents in foreign languages, other than the language of the country in which the application takes place, should be translated. Applicants should take to the visa interview clear, legible photocopies of civil documents and translations, such as birth and marriage certificates. Original documents and translations will be returned.

This is it......

Standing by

I'm curious about what you said with the lawyers being "bought out" by your step children's biological father when you said he has abandoned them for 2 years. What do you mean by that?

You may also want to check on Mexico's policy/requirements with regards to minors travelling abroad specially with your case. US immigration may not ask for it but Mexico's probably will.

[Harpa Timsah 13,258]

OP: You are not applying for K3/K4 visas. You are reading the wrong thing.

[Darnell 8,479]

I suggest you not pay attention to any K-visa instructions - as you are seeking CR-1 or IR-1 for your wife, and CR-2 or IR-2 for the children.

[Sweetcheeksss 91]

I can personally tell you that, when we immigrated to the US (I'm a Canadian citizen as is my son) we absolutely had to prove to the immigration officer who interviewed us, that I had sole custody of my son AND that his bio father had NO parental rights.

And his father hadn't paid one dime of child support (even though it had been court ordered) and my son hadn't seen or had any contact with his bio father in 16 years. My son was 16 when we interviewed and the officer could have asked my son if his father had ever been a part of his life - still that didn't matter to the officer. I had to legally prove to him that I could leave Canada with my son.

Of course, this could be different for Mexico, I'm just giving you my personal experience. Good luck.

Edited August 30, 2013 by Sweetcheeksss

[perfect 39]

Different country I know - but my experience was - even though the father of my child had not seen his child for 14 years and even though he NEVER paid child support I still had to prove I was authorised to remove him from the country. As it was, the father still decided to try and stop him leaving and he was aged 15½ at the time.

This may be helpful to Mexico - states that it must be demonstrated who is the legal guardian AND prove that person has the legal right to unilaterally relocate the child or that the other parent consents http://globaljusticeinitiative.files.wordpress.com/2010/06/alanen-parental-consent-for-child-visa-issuance.pdf

I think the lawyer may be affirming that those are the requirements for receiving a child passport anyway so he is thinking that in this case they would already be fulfilled if the child has a passport. (see text of Title 8, Chapter 1, Article 411-424 of Mexican Federal Civicl Code)

[aaron2020 11,651]

The requirement for a passport will not satisfy the requirement for sole custody papers or the father's permission.

My wife and I both had to consent for my 12 years old son to get a US passport. I am consenting to him traveling internationally and returning to the US. I am not consenting for his mother to unilaterally get an immigration visa from foreign country and have my son immigrate there permanently.

Unless there are additional paperwork showing mom has unilateral authority to move the child, the US cannot issue a visa for that child.