do i need a agreement from father of my kid,when i want to shift to usa on k1 visa?

[goldie 0]

some say this, some say that. i only know, in switzerland, if u have full custody on the kid, u can go with the kid to leave wherever u want without the agreement of the other parent. but i dont know about the situation with the k1 visa. and the agreements between usa and the country of origin. maybee still the us embassy wants a letter or a agreement of the other parent that he allow the kid to leave the country for good. or does it depends on the law of the country the fiancee reside with the kid and had the divocre? anybody went though this? did embassy question about the kid?thanks alot for all ur help!

[siobhan36 0]

Each country is different and not all have the same rules.

Me personally, I had to go to court to get an order which my x husband had to sign to give his permission for his sons to leave uk.

The embassy in London informed me before i took any action that i had to have written permission from thier father so thats why i did the above.

Good Luck

siobhan

Edited March 5, 2006 by siobhan36

[Cristy 4]

Email your consulate. I was told by Vancouver my custody papers are all I need. It makes sense that the parent with sole custody does not need the non custodial parents permission.

[goldie 0]

Email your consulate. I was told by Vancouver my custody papers are all I need. It makes sense that the parent with sole custody does not need the non custodial parents permission.

thank xyou very much for advice, i only know, fromthe swiss law, that if u got full custody, u can go wherever u want with ur kid. but i dont know if the embassy of usa still wants a agreement of the parent. well, i wrote to them, will see what they reply me. if they need one, i will be anyway in a mess.. i know, the father would never sign any paper, only to let me suffer... even if he doesnt care at all for the child...

[Girona40 0]

I think you will find that the US requires full permission for the child to be given a visa. Also, the country of origin usually needs confirmation from the other parent that there is no objection to "removing the child from the jurisdiction of the court". I don't know about Switzerland, but that is the case in the UK.

My daughter's father would not agree - just out of spite - he had not seen my daughter for 2 years and lived just down the street. He claimed it would "damage their relationship" if I brought her to the US!!

I had to go through a long court battle, which cost tens of thousands of dollars - thankfully I won! Naturally, he hasn't been in touch with my daughter in forever! Yeah, it really damaged their relationship.....not!

I don't know that I would wait for a reply to a letter, I would phone or fax the consulate. I have written letters in the past and never received a reply - you may be lucky, but it would be better not to waste any time just in case you do have problems.

Good Luck.

[Girona40 0]

I think you will find that the US requires full permission for the child to be given a visa. Also, the country of origin usually needs confirmation from the other parent that there is no objection to "removing the child from the jurisdiction of the court". I don't know about Switzerland, but that is the case in the UK.

My daughter's father would not agree - just out of spite - he had not seen my daughter for 2 years and lived just down the street. He claimed it would "damage their relationship" if I brought her to the US!!

I had to go through a long court battle, which cost tens of thousands of dollars - thankfully I won! Naturally, he hasn't been in touch with my daughter in forever! Yeah, it really damaged their relationship.....not!

I don't know that I would wait for a reply to a letter, I would phone or fax the consulate. I have written letters in the past and never received a reply - you may be lucky, but it would be better not to waste any time just in case you do have problems.

Removal of Children You may find this helpful - particularly question 4.

Good Luck.

[kwacka 0]

Yes of course you need approval from the father of your child......its his kid as well and he has every right to stop you from taking his kid out of the country.......it takes two parents to make a child.......and he wants to see his kid again as well so dont be selfish please........!!!!!!!!!!!!!!!!

[siobhan36 0]

[Cristy 4]

Yes of course you need approval from the father of your child......its his kid as well and he has every right to stop you from taking his kid out of the country.......it takes two parents to make a child.......and he wants to see his kid again as well so dont be selfish please........!!!!!!!!!!!!!!!!

Making a child and parenting a child are different things. Full custody means that parent is totally in charge of all decisions. There are usually good reasons for the court to decide this. You do not know what the other parents involvement has been with the child so calling someone selfish is way out of line.

[tmma 467]

This is way too important of an issue to be answered by anyone other than someone who knows the laws from both Switzerland and the US....My suggestion, seek legal advice there in Switzerland.

Make sure you do everything according to the laws there AND the immigration laws HERE. NOT doing so may at the least result in lengthy delays of your visa to come here and may at worse cause a flat out denial, long expensive court battle and maybe the child gets returned.

To try and avoid a long expensive court battle, is there NO WAY you and your Swiss ex can come to some agreement on this?

Best Wishes and Good Luck....My advice, cover yourself and your custodial status by doing EVERYTHING by the book!

Just my humble opinion....

-Michele

[goldie 0]

This is way too important of an issue to be answered by anyone other than someone who knows the laws from both Switzerland and the US....My suggestion, seek legal advice there in Switzerland.

Make sure you do everything according to the laws there AND the immigration laws HERE. NOT doing so may at the least result in lengthy delays of your visa to come here and may at worse cause a flat out denial, long expensive court battle and maybe the child gets returned.

To try and avoid a long expensive court battle, is there NO WAY you and your Swiss ex can come to some agreement on this?

Best Wishes and Good Luck....My advice, cover yourself and your custodial status by doing EVERYTHING by the book!

Just my humble opinion....

-Michele

KWACKA, sorry but u got no clue about the whole situation, so pease dont come on here inside and conclude things! the father had never any intrest about his kid, he just married for getting a work permit here in switzerland. the kid doesnt know even that this person is her father... so, as it was sayed, it is a big diffrence if a father can be called a father or hes just a PRODUCER!. i know, this producer would try everything not to sign anything, just to make us problems. not other reason. but, at least, i got informatioin about the swiss law, and it says, if u got full custody,

This is way too important of an issue to be answered by anyone other than someone who knows the laws from both Switzerland and the US....My suggestion, seek legal advice there in Switzerland.

Make sure you do everything according to the laws there AND the immigration laws HERE. NOT doing so may at the least result in lengthy delays of your visa to come here and may at worse cause a flat out denial, long expensive court battle and maybe the child gets returned.

To try and avoid a long expensive court battle, is there NO WAY you and your Swiss ex can come to some agreement on this?

Best Wishes and Good Luck....My advice, cover yourself and your custodial status by doing EVERYTHING by the book!

Just my humble opinion....

-Michele

KWACKA, sorry but u got no clue about the whole situation, so pease dont come on here inside and conclude things! the father had never any intrest about his kid, he just married for getting a work permit here in switzerland. the kid doesnt know even that this person is her father... so, as it was sayed, it is a big diffrence if a father can be called a father or hes just a PRODUCER!. i know, this producer would try everything not to sign anything, just to make us problems. not other reason. but, at least, i got informatioin about the swiss law, and it says, if u got full custody, u got ALL THE RIGHTS to go with ur kid wherever u want without asking the other parent. and, as far i know about usa law, its the same issue.

CHRISTY, thanks for ur help and advice, as u sayd, it seems in canada u needen nothing else then showing the embasy that u got full custody, no? so i guess, it depends really only the law of the coutry of ur present residency, no? otherwise ther would be not so many diffrent talks and laws mentioned, like example in the uk, where it seems they need as well, togehter with cull custody, a agreement.

i wrote to the embassy here in swiss, and hope to get soon a answer...

[tmma 467]

You quoted MY reply on your response to KWACKA....

Please KNOW that I for one was NOT commenting ON YOU or making a judgement ( far be it from me to do that)-I was just saying COVER YOURSELF and YOUR custody rights...That's all.

I too have had experience with an uninterested dad!

Best Wishes and Good Luck on your journey!

Michele

[motu 6]

Just do the easy thing - email or call the US consulate and ask them what else you need (or don't need - more likely.) Then go with what they suggest. I would assume that the Swiss law will be what the US consulate will want to satisfy (its what they do in Colombia - they satisfy the Colombian law for taking kids out of the country and yes there they need an agreement(a court paper) signed in the social (child welfare) court office if the name of the father is on the birth certificate.) And Good Luck

Edited March 6, 2006 by motu

[goldie 0]

You quoted MY reply on your response to KWACKA....

Please KNOW that I for one was NOT commenting ON YOU or making a judgement ( far be it from me to do that)-I was just saying COVER YOURSELF and YOUR custody rights...That's all.

I too have had experience with an uninterested dad!

Best Wishes and Good Luck on your journey!

Michele

sorry michele, i havent quited u, of course, only this person kwacka.... it makes me mad, if i read so silly comments.. anyway.. i know i cant be the only one going through all this, of course there are many people inside here who will take their kids with them!

i still have big hope, that showing them full custody, will be sufficient, coz its really the law over here who sayes so. will wait now until i get mail from embassy,up to now, i allwasy got quick a friendly reply from them.. thanks alot!

[Cristy 4]

Good luck!