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Sole Custody of the child (K2)

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

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GT&RAC Contributor

GT&RAC   13

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

Hi,

My fiance petitioned I-129F for me and we're approved on 9/11. I'm the beneficiary and have a 5 years old son. I've been divorced from his bio father since he was 2. Court granted the sole custody to me and arranged a visitation schedule for the father. Since the divorce, we've never obeyed the visitation schedule cause it wasn't an issue for us, he came and saw him whenever he wanted.

I'll take my son with me to the US and I was wondering if anyone in a similar situation could advise me : Although I have the sole custody, does OP still ask for bio father's affidavit of consent?

I told my ex that we would move to the US and he seems okay with it but when it comes to sign some papers about this, he seems to be not willing.

My ex was German and my son has dual citizenship, both German and Turkish. He has his own German passport. I remember when I applied for a new passport for him, I went to German Consulate to make the application on my own and they didn't even ask for his father when they saw the divorce decree. I don't have German citizenship, btw. Plus, I have traveled with my son to many countries and no one at any country / no immigration officer asked me nothing! We, me and my son, have traveled freely with our own passports.

any advice is much appreciated...

thanks

J saw R for a couple times back in 2012 at neighborhood while visiting her sister but never met in person...
J found R online and became friends : 08/18/2014
Officially couples since : 08/24/2014
1st visit : 10/12/2014. R flies to IZMIR/TURKEY
2nd visit : 12/13/2014. J flies to UT/USA
3rd visit : 03/14/2015. J flies to UT/USA
4th visit : 05/24/2015. R flies to IZMIR/TURKEY
Engaged on : 05/29/2015
Marriage estimation : Feb 2016
Sent I-129 : 06/09/2015
Received at Texas Lockbox : 06/12/2015 - Priority Date 06/16/2015
E-notice NOA1 received on : 06/17/2015 - Sent to CSC
Hardcopy NOA1 received on : 06/23/2015
E-notice RFE received on : 08/22/2015
Hardcopy RFE received on : 08/28/2015
RFE response sent on : 09/03/2015
RFE response received by USCIS on : 09/08/2015
E-notice NOA2 received on : 09/11/2015
Hardcopy NOA2 received on : 09/17/2015
Received at NVC : 10/02/2015
Case number assigned : 10/02/2015
Left NVC in transit to Embassy/Ankara : 10/07/2015
Received at Embassy/Ankara : 10/12/2015
Package 3 received : 10/26/2015
Package 3 sent : 12/14/2015
Medical Appointment in Ankara : 12/22/2015
Package 4 received : 01/05/2016
Interview date : 01/11/2016
Visa status : APPROVED
Visa in hand : 01/18/2016 -- Issued on 01/15/2016
Date of travel to the USA : 01/31/2016
POE : JFK,New York
Marriage : 02/12/2016
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Pitaya Grand Master

Pitaya   2,577

Posted
Filed: Lift. Cond. (apr) Country: China
 Timeline
Posted

You may be asked at the interview for a letter from the child's father allowing his son to immigrate to the US. Likely the last thing the US government would like to do is be involved in an international child custody battle. Gild the lily, and get the notarized letter.

My wife was in a similar situation, sole custody of the child. She obtained a notarized letter from the father, presented it at the interview, had no issues, the son's visa was issued. My stepson is now a senior at the University of Washington.

Good luck on your immigration issue.

Completed: K1/K2 (271 days) - AOS/EAD/AP (134 days) - ROC (279 days)

"Si vis amari, ama" - Seneca

 

 

 

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GT&RAC Contributor

GT&RAC   13

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

You may be asked at the interview for a letter from the child's father allowing his son to immigrate to the US. Likely the last thing the US government would like to do is be involved in an international child custody battle. Gild the lily, and get the notarized letter.

My wife was in a similar situation, sole custody of the child. She obtained a notarized letter from the father, presented it at the interview, had no issues, the son's visa was issued. My stepson is now a senior at the University of Washington.

Good luck on your immigration issue.

It sounds really unlogical to me that they may ask for gis permission although he has no rights on my son's custody. Sole custody means that I have all the rights to decide solely, without asking the biofather, on where my son will live. Law gives me this power to do so, then what? If it is the visitation schedule, it is totally between me and the father and Turkish courts can give a decision about this. So why does us embassy ask for the consent? Don't they recognize the court order of custody?

That totally doesn't make sense to me.

J saw R for a couple times back in 2012 at neighborhood while visiting her sister but never met in person...
J found R online and became friends : 08/18/2014
Officially couples since : 08/24/2014
1st visit : 10/12/2014. R flies to IZMIR/TURKEY
2nd visit : 12/13/2014. J flies to UT/USA
3rd visit : 03/14/2015. J flies to UT/USA
4th visit : 05/24/2015. R flies to IZMIR/TURKEY
Engaged on : 05/29/2015
Marriage estimation : Feb 2016
Sent I-129 : 06/09/2015
Received at Texas Lockbox : 06/12/2015 - Priority Date 06/16/2015
E-notice NOA1 received on : 06/17/2015 - Sent to CSC
Hardcopy NOA1 received on : 06/23/2015
E-notice RFE received on : 08/22/2015
Hardcopy RFE received on : 08/28/2015
RFE response sent on : 09/03/2015
RFE response received by USCIS on : 09/08/2015
E-notice NOA2 received on : 09/11/2015
Hardcopy NOA2 received on : 09/17/2015
Received at NVC : 10/02/2015
Case number assigned : 10/02/2015
Left NVC in transit to Embassy/Ankara : 10/07/2015
Received at Embassy/Ankara : 10/12/2015
Package 3 received : 10/26/2015
Package 3 sent : 12/14/2015
Medical Appointment in Ankara : 12/22/2015
Package 4 received : 01/05/2016
Interview date : 01/11/2016
Visa status : APPROVED
Visa in hand : 01/18/2016 -- Issued on 01/15/2016
Date of travel to the USA : 01/31/2016
POE : JFK,New York
Marriage : 02/12/2016
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MADDEN Enthusiast

MADDEN   40

Posted
Filed: Lift. Cond. (apr) Country: Australia
 Timeline
Posted

I am going through the same thing. If you have legal sole custody papers from the court then you will NOT need a letter from the father.

As I don't have sole custody papers I need a notarized letter from my child's father stating that my child may leave the country, kinda stupid cause my child's father doesn't even live in the same country as us.

Make sure you bring your papers to the interview as you will be requested to present them.

Goodluck.


K1-K2 VISA
FEBRUARY 2015 APPLIED FOR I-129F K1-K2
RECIEVED NOA1
AUGUST 2015 RECIEVED NOA2
SEPTEMBER 2015 SENT TO THE DEPARTMENT OF STATE
RECIEVED SYDNEY CASE NUMBER
CASE SENT TO THE SYDNEY EMBASSY
SEPTEMBER 2015 COMPLETED DS-160 K1-K2
OCTOBER 2015 MEDICAL COMPLETED
INTERVIEW - APPROVED
VISA ISSUED
DECEMBER 2015 ARRIVED INTO THE USA POA DALLAS TX 26TH DECEMBER
JANUARY 2016 MARRIED 29TH JANUARY
FEBRUARY 2016 SSN CARD RECIEVED

ADJUSTMENT OF STATUS
MARCH 2016 SENT AOS PACKAGE K1-K2 21ST MARCH                                                       JUNE 2016 RECIEVED GREEN CARD K1-K2 11TH JUNE
ARRIVED AT THE CHICAGO LOCKBAG FACILITY 23RD MARCH

APRIL 2016 RECIEVED NOA 1 FOR AOS/EAD/AP 5TH APRIL
RECIEVED BIOMETRICS APPOINTMENTS 30TH APRIL
MAY 2016 BIOMETRICS TAKEN 10TH MAY

AP/EAD APPROVED K1 13TH MAY

COMBO CARD ARRIVED 21ST MAY

JUNE 2016 APPROVED AOS (NO INTERVIEW) K1-K2 3RD JUNE

 

 

 











 

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Pitaya Grand Master

Pitaya   2,577

Posted
Filed: Lift. Cond. (apr) Country: China
 Timeline
Posted

I am just telling you what we did in our situation.

BTW, the more you deal with this immigration system, the more it doesn't make sense. B-)

YMMV.

Good luck on your immigration journey.

Completed: K1/K2 (271 days) - AOS/EAD/AP (134 days) - ROC (279 days)

"Si vis amari, ama" - Seneca

 

 

 

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  • 3 months later...
GT&RAC Contributor

GT&RAC   13

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

so we took our interview on Jan.11 at US Embassy in Ankara/Turkey and the CO has never ever mentioned about the consent letter from my son's father. she just checked the custody papers and underlined the sentence on the papers which confirmed I was granted the sole custody.

it may be different in other embassies but thought I should update this tread since I have started it, in case someone searches and finds it helpful in the future...

J saw R for a couple times back in 2012 at neighborhood while visiting her sister but never met in person...
J found R online and became friends : 08/18/2014
Officially couples since : 08/24/2014
1st visit : 10/12/2014. R flies to IZMIR/TURKEY
2nd visit : 12/13/2014. J flies to UT/USA
3rd visit : 03/14/2015. J flies to UT/USA
4th visit : 05/24/2015. R flies to IZMIR/TURKEY
Engaged on : 05/29/2015
Marriage estimation : Feb 2016
Sent I-129 : 06/09/2015
Received at Texas Lockbox : 06/12/2015 - Priority Date 06/16/2015
E-notice NOA1 received on : 06/17/2015 - Sent to CSC
Hardcopy NOA1 received on : 06/23/2015
E-notice RFE received on : 08/22/2015
Hardcopy RFE received on : 08/28/2015
RFE response sent on : 09/03/2015
RFE response received by USCIS on : 09/08/2015
E-notice NOA2 received on : 09/11/2015
Hardcopy NOA2 received on : 09/17/2015
Received at NVC : 10/02/2015
Case number assigned : 10/02/2015
Left NVC in transit to Embassy/Ankara : 10/07/2015
Received at Embassy/Ankara : 10/12/2015
Package 3 received : 10/26/2015
Package 3 sent : 12/14/2015
Medical Appointment in Ankara : 12/22/2015
Package 4 received : 01/05/2016
Interview date : 01/11/2016
Visa status : APPROVED
Visa in hand : 01/18/2016 -- Issued on 01/15/2016
Date of travel to the USA : 01/31/2016
POE : JFK,New York
Marriage : 02/12/2016
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baron555 Veteran

baron555   934

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

Email the Embassy and ask them what you need. They are really there to help you and should be included in your conversations.

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

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

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Pitaya Grand Master

Pitaya   2,577

Posted
Filed: Lift. Cond. (apr) Country: China
 Timeline
Posted

Gad it all turned out okay.

Completed: K1/K2 (271 days) - AOS/EAD/AP (134 days) - ROC (279 days)

"Si vis amari, ama" - Seneca

 

 

 

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