Jump to content
JohninAZ

K2 question and childs family name upon moving to the US

By JohninAZ in K-1 Fiance(e) Visa Process & Procedures

 Share

9 posts in this topic

Recommended Posts

JohninAZ Rookie

JohninAZ   0

Posted
Filed: K-1 Visa Country: China
 Timeline
Posted

So my fiancé and her daughter were approved and will be coming to the US May 16th (yeah!). So my fiancé was divorced, the child has the fathers family name. He signed off for her to come here and there is no support paid ever by him. I have to be able to support both of them when they come here but I am curious if because of the K2 the daughter will assume my family name. If not is this then considered an adoption and I will have to go through that process ?

Anyone with any experience in this I would greatly appreciate your input.

TIA

Met online 10/7/2012smile.png
Skype/Yahoo 10/10/2012content.gif
Met in China 6/14/2013wow.gif
Dinner with family 6/19/2013, accepted with blessingeb0dfafc.gif
Hired immigration attorney 7/5/2013good.gif
Should be filing all initial docs by 9/30/2013 or soonerkicking.gif
Returning to China 12/21/2013 for 3 weeks dancin5hr.gif
Skip ahead, interview 4/10/14 approved !!!!! :dancing:
Passports in hand, 4/19/14 :content:

Airline tickets to LA POE, 5/16/14 :thumbs:
Party till the sun comes up 5/17/14 :jest:

Married 7/12/14 :dancing:

AOS mailed 9/18/14

AOS received 9/19/14

Link to comment
Share on other sites
Ontarkie Grand Master

Ontarkie   14,226

Posted
Filed: Citizen (apr) Country: Canada
 Timeline
Posted

She will not get your last name or would this (k2) be an adoption you will become her stepfather that's all.

Spoiler

Met Playing Everquest in 2005
Engaged 9-15-2006
K-1 & 4 K-2'S
Filed 05-09-07
Interview 03-12-08
Visa received 04-21-08
Entry 05-06-08
Married 06-21-08
AOS X5
Filed 07-08-08
Cards Received01-22-09
Roc X5
Filed 10-17-10
Cards Received02-22-11
Citizenship
Filed 10-17-11
Interview 01-12-12
Oath 06-29-12

Citizenship for older 2 boys

Filed 03/08/2014

NOA/fee waiver 03/19/2014

Biometrics 04/15/14

Interview 05/29/14

In line for Oath 06/20/14

Oath 09/19/2014 We are all done! All USC no more USCIS

 

Link to comment
Share on other sites
baron555 Veteran

baron555   934

Posted
Filed: AOS (apr) Country: Kenya
 Timeline
Posted

You'd have to go through a formal adoption process for the child to take your name.

Phil (Lockport, near Chicago) and Alla (Lobnya, near Moscow)

As of Dec 7, 2009, now Zero miles apart (literally)!

Link to comment
Share on other sites
aaron2020 Grand Master

aaron2020   11,651

Posted
Filed: Country: Vietnam (no flag)
 Timeline
Posted

There is no legal basis for the child to assume your name.

You are a step-father.

Petitioning a visa for the child does not make this an adoption.

If you want to change the child's name, then you need a court order. You will also need the father's consent.

If you want to adopt the child, then you need a court order. You will also need the father's consent since the adoption would permanently and legally sever his ties to his child.

Link to comment
Share on other sites
JohninAZ Rookie

JohninAZ   0

Posted
Filed: K-1 Visa Country: China
 Timeline
  • Author
Posted

That's what I thought so thank you all for the information. The father hasn't had contact with the child in 10 years (shes 12) and signed the consent to move to the US form without even asking about the child so I am sure he will sign whatever is needed to completely divide himself from her even more and allow me to adopt her. I just don't understand how some parents can disown there children so easily. Happens in the US all the time also. I despise my EX but never once turned my back on my kids. Oh well...... this will all workout as it should also.

Met online 10/7/2012smile.png
Skype/Yahoo 10/10/2012content.gif
Met in China 6/14/2013wow.gif
Dinner with family 6/19/2013, accepted with blessingeb0dfafc.gif
Hired immigration attorney 7/5/2013good.gif
Should be filing all initial docs by 9/30/2013 or soonerkicking.gif
Returning to China 12/21/2013 for 3 weeks dancin5hr.gif
Skip ahead, interview 4/10/14 approved !!!!! :dancing:
Passports in hand, 4/19/14 :content:

Airline tickets to LA POE, 5/16/14 :thumbs:
Party till the sun comes up 5/17/14 :jest:

Married 7/12/14 :dancing:

AOS mailed 9/18/14

AOS received 9/19/14

Link to comment
Share on other sites
aaron2020 Grand Master

aaron2020   11,651

Posted
Filed: Country: Vietnam (no flag)
 Timeline
Posted

That's what I thought so thank you all for the information. The father hasn't had contact with the child in 10 years (shes 12) and signed the consent to move to the US form without even asking about the child so I am sure he will sign whatever is needed to completely divide himself from her even more and allow me to adopt her. I just don't understand how some parents can disown there children so easily. Happens in the US all the time also. I despise my EX but never once turned my back on my kids. Oh well...... this will all workout as it should also.

It does not matter that he has not been involved. He is still the legal father. You will need his consent for the adoption.

Link to comment
Share on other sites
  • 4 months later...
zinger143 Explorer

zinger143   3

Posted
Filed: K-1 Visa Country: Bolivia
 Timeline
Posted

JohninAZ, just wondering what happened with your situation? I am sure adoption procedures are different from state to state, but what type of documentation would be accepted internationally as recognition that the parent is giving up their rights so you the US citizen may adopt that child. I will want to adopt my step daughter when she comes, but I have no idea what type of paperwork the US would accept. I would have to go through an official translator, and it would have to be notarized, but you don't want to do all that paperwork and spend all that money only to have them not accept it. So I was just wondering if you had followed through with this and if so what type of paperwork you had to submit?

Link to comment
Share on other sites
  • 4 months later...
guitarman7 Contributor

guitarman7   2

Posted
Filed: K-1 Visa Country: Ukraine
 Timeline
Posted

I'm also interested in this topic. I would like to adopt her two young sons. Her divorce was fairly 'friendly', so I would assure her ex, that I would certainly allow communication between him and his sons. I would speak with him about this before going forward with the adoptions. We definitely do not want to severe all connections between them.

2/14/2015 Sent I-129f package to TX lockbox. Happy Valentine's Day!

2/26/2015 NOA1 received, dated 2/19/2015

3/24/15 NOA2 received, dated 3/19/15

early April(approximate): at NVC ..delay?

4/08/15 Case created. Got case #,

5/16/15 NVC status: 'In Transit'

5/18/15 visa status: 'Ready' for interview

7/3/15 setup medical and visa interview appointments for

7/22/15 and 7/27/15 via Kyiv's 'call center'

7/27/15 visas approved!! ...but pending medical tests for 6 year-old

9/21/15 visa package received, and medical resolved!

Link to comment
Share on other sites
aaron2020 Grand Master

aaron2020   11,651

Posted
Filed: Country: Vietnam (no flag)
 Timeline
Posted

I'm also interested in this topic. I would like to adopt her two young sons. Her divorce was fairly 'friendly', so I would assure her ex, that I would certainly allow communication between him and his sons. I would speak with him about this before going forward with the adoptions. We definitely do not want to severe all connections between them.

The adoption would sever all legal ties between them.

A child can have only one legal father. You or him.

If you adopt them, they can never petition their father since there would be no legal familial ties between them.

Link to comment
Share on other sites
 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
 Share
Go to topic listing
- Back to Top -

Important Disclaimer: Please read carefully the Visajourney.com Terms of Service. If you do not agree to the Terms of Service you should not access or view any page (including this page) on VisaJourney.com. Answers and comments provided on Visajourney.com Forums are general information, and are not intended to substitute for informed professional medical, psychiatric, psychological, tax, legal, investment, accounting, or other professional advice. Visajourney.com does not endorse, and expressly disclaims liability for any product, manufacturer, distributor, service or service provider mentioned or any opinion expressed in answers or comments. VisaJourney.com does not condone immigration fraud in any way, shape or manner. VisaJourney.com recommends that if any member or user knows directly of someone involved in fraudulent or illegal activity, that they report such activity directly to the Department of Homeland Security, Immigration and Customs Enforcement. You can contact ICE via email at Immigration.Reply@dhs.gov or you can telephone ICE at 1-866-347-2423. All reported threads/posts containing reference to immigration fraud or illegal activities will be removed from this board. If you feel that you have found inappropriate content, please let us know by contacting us here with a url link to that content. Thank you.
×
×
  • Create New...