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

[tmma 467]

Goldie .....

I really wish you all the best in this..... ....Seek answers from those that are responsible for the issuance of the visa ( consulate)......Ignore the unhelpful/rude comments ( KWACKA)- and most of all protect YOUR custodial rights too!

I wish you luck-afew hurdles to jump and I am sure that it will work out just fine!

Michele

[goldie 0]

Goldie .....

I really wish you all the best in this..... ....Seek answers from those that are responsible for the issuance of the visa ( consulate)......Ignore the unhelpful/rude comments ( KWACKA)- and most of all protect YOUR custodial rights too!

I wish you luck-afew hurdles to jump and I am sure that it will work out just fine!

Michele

ok, i at least found out by asking my lawyer now, that the law in switzerland says, as long u got full custody, u got as well full residency right. so i am allowed to leave wherever i want. but......... i still dont know, if now the embassy of usa will follow the usa law, or the swiss law over here...

i ve sent a e mail to the embassy, ynd it was allready "replyed"... but, they replyed me not on my actual question, only, that i have to fill the kid into the petition the fiance sends.... ( of course i have done it..) but there was no single word about my question!!

is anybody aware, what law they follow? or should i send them back my e mail and tell them, they havent answered on my question?....

thanks for any help!

[wally 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.

careful here, find out more if you can...I have sole custody, permission granted by their father and endorsed by court for my kids to move. I'm from Ontario and my lawyer advised me that I needed the permission. At the Montreal interview, the officer there wrote on the kids' petition that I had permission to move them. Also, I couldn't get their passports without my ex's signature. That was another court battle.

[GaryC 7]

My situation is somewhat like this that I wanted comments about it. My fiance has a 15 year old son. She left his father when he was 9 months old. His father hasn't seen or tried to see him since. He has also offered no support. Luz got an annullment from him and the court order says "full custody is granted to Luzviminda". However it also says something about reasonable visitation and support. So my question, his father has not offered support. He has not tried to see his son. Her son has a passport. The last kicker is, Luz had not filed her son's birth cert until AFTER she broke up with her ex. She did NOT put her ex down as the father! In the box for fathers name there is N/A.

So, based on all this does anyone think there is any reason to worry here? I know for certain that if her ex's permition is required he will not give it just for spite!

[desert_fox 32]

This is all governed by international treatry, which the US is a signatory. You will find a link somewhere on the Dept of State pages. Basically any child brought here without the permission of both parents will be sent back as an international kidnapping. The other parent can file thru a US Consulate to have his/her kid returned, and it will happen.

[GaryC 7]

This is all governed by international treatry, which the US is a signatory. You will find a link somewhere on the Dept of State pages. Basically any child brought here without the permission of both parents will be sent back as an international kidnapping. The other parent can file thru a US Consulate to have his/her kid returned, and it will happen.

Since the fathers name isn't on his birth cert I am wondering if his father even has a basis to object. One would think he would first have to establish his parenthood. Since that would involve DNA testing and a huge expense and given the fact he is a drunken gutter bum without a job I doubt if he could do anything. My only question is will her son be allowed to leave the Philippines or enter the US under these circumstanses?

[Cristy 4]

This is all governed by international treatry, which the US is a signatory. You will find a link somewhere on the Dept of State pages. Basically any child brought here without the permission of both parents will be sent back as an international kidnapping. The other parent can file thru a US Consulate to have his/her kid returned, and it will happen.

Not exactly true. Even if you are unable to locate the other parent you can go to family court and apply for a variance on the original order, which essentially removes the other parents rights. You can apply to have the court give you a judgment stating you have full authority to take the child into any jurisdiction. I am currently doing this. This also removes any thoughts of parental abduction. I would check with your family court and the consulate you are going through for more specifics on how to achieve this. I received no help from family or immigration lawyers.