Biological father refuses to authorize immigration.

[stfiii 33]

Regarding my K1 Visa petition for my Mexican National Fiancee whom resides in Sonora Mexico with her 12 year old daughter, also a Mexican National.

The Biological father of My Fiancee's daughter is a Spanish Citizen and he resides in Spain, his hame is on the child's birth certificate and the child has dual citizenship with Mexico and Spain.

My Fiancee has full custody, but the father has visitation rights, although he's never exercised those rights, and he hasn't seen his child in over 3 years.

Now he is refusing to sign a document that will allow his daughter to immigrate to the US on the K2 Visa, as he stated to my fiancee, he feels cheated as he always hoped that he would get back together with my Fiancee.

Do we have any legal remedies? What will the Juarez Consulate require from my Fiancee to immigrate with her daughter on a K1 and K2 Visa?

I read that the only option is for my Fiancee to sue for full custodial rights and no visitation rights of the father. I can't imagine how that would even be possible. Even convicted pedophiles can retain supervised visitation rights of their biological children.

I think our case is hopeless unless there is another angle we haven't considered.

Trying to Buy off the father isn't an option, he's not rich, but he's not in poverty either. Since the father already lives in a different country other then the country the child lives in, him denying authorization to immigrate is clearly out of spite, and in fact, it would actually be cheaper for the father to fly in and visit his daughter in the US then it would be for him to fly to Sonora. As I understand it, Spanish citizens can travel freely around the world to most countries just as freely as US citizens can, so I don't think he can argue a hardship exist if his daughter moves to the US.

I just don't know. Hoping there is someone on here that can provide some legal advice, I'm pretty sure we'll need to hire an attorney at this point, the question is, do we hire an attorney in Mexico, in Spain, in the US? Obviously whoever we hire needs to understand the American immigration laws, and Mexican Family Law, as well as Spanish Family Law.

[canadian_wife 1,826]

Regardless if his motivations are out of spite, it is still his child and he has rights to that child. Please respect those rights.

No one on here is going to provide you with legal advice. You need to seek out a lawyer for legal advice. We can only offer opinions and share experiences.

Good luck

[Ontarkie 14,346]

~~Moved to the Regional forum from K1 P&P - As custody varies from each country.~~

Edited September 23, 2015 by Ontarkie

[heo luoi 206]

Well I felt your post was clear, concise and rather objective. Which often times doesn't happen on VJ as much as we'd like. However I noticed as this one, these are usually the more complicated and legal ones the community wont be able to offer a whole lot on.

I dont really have much to offer as it seems you already are forward thinking and know you have a difficult long road ahead. As you very clearly are aware you have a litany of different authorities with different scopes to navigate, likely necessitating quality professional legal representation perhaps from a firm with international experience. Too bad she wasn't a bit older and could just be an adult and wouldn't have to worry about bio dad but that would likely slow immigration as an older /adult child.

Good on you for your resolve and good luck.

Edited September 23, 2015 by coldhands

[Ontarkie 14,346]

Get a lawyer in Mexico this is a family law matter.

[JohnR! 5,495]

Your fiancee could - and should - file for sole custody, if the biological father is not providing child support, and it not visiting. I am sure there is accommodation under Mexican law for termination of parental rights under abandonment.

A lawyer in Mexico might be able to file a lawsuit, provided there are grounds, in which case, some greenbacks might expedite the whole process.

Regarding my K1 Visa petition for my Mexican National Fiancee whom resides in Sonora Mexico with her 12 year old daughter, also a Mexican National.

The Biological father of My Fiancee's daughter is a Spanish Citizen and he resides in Spain, his hame is on the child's birth certificate and the child has dual citizenship with Mexico and Spain.

My Fiancee has full custody, but the father has visitation rights, although he's never exercised those rights, and he hasn't seen his child in over 3 years.

Now he is refusing to sign a document that will allow his daughter to immigrate to the US on the K2 Visa, as he stated to my fiancee, he feels cheated as he always hoped that he would get back together with my Fiancee.

Do we have any legal remedies? What will the Juarez Consulate require from my Fiancee to immigrate with her daughter on a K1 and K2 Visa?

I read that the only option is for my Fiancee to sue for full custodial rights and no visitation rights of the father. I can't imagine how that would even be possible. Even convicted pedophiles can retain supervised visitation rights of their biological children.

I think our case is hopeless unless there is another angle we haven't considered.

Trying to Buy off the father isn't an option, he's not rich, but he's not in poverty either. Since the father already lives in a different country other then the country the child lives in, him denying authorization to immigrate is clearly out of spite, and in fact, it would actually be cheaper for the father to fly in and visit his daughter in the US then it would be for him to fly to Sonora. As I understand it, Spanish citizens can travel freely around the world to most countries just as freely as US citizens can, so I don't think he can argue a hardship exist if his daughter moves to the US.

I just don't know. Hoping there is someone on here that can provide some legal advice, I'm pretty sure we'll need to hire an attorney at this point, the question is, do we hire an attorney in Mexico, in Spain, in the US? Obviously whoever we hire needs to understand the American immigration laws, and Mexican Family Law, as well as Spanish Family Law.

[Russ&Caro 1,549]

This is just a thought, but perhaps the bio father has a little concern about allowing his daughter to immigrate to the US ahead of any marriage and/or job offer for the mother. Putting myself in his shoes, I think that might be my biggest concern. Even if I had had no involvement with the child, I would still try to look out for her welfare. Uprooting a kid from her birth country for the possibility that her mother might marry a man from the US, might not be in the best interests of the kid, from one perspective.

[stfiii 33]

My Fiancee spoke with a family law attorney in her hometown. The lawyer advised she believes it would be possible to get a Mexican court to make a ruling allowing my Fiancee to bring her daughter to the US with her under the K2 Visa.

The big question is, if we get this done in the Mexican courts, will the Juarez consulate except this ruling since Mexican Courts have no jurisdiction in the US?

[heo luoi 206]

Seems like a question for that said lawyer?

My Fiancee spoke with a family law attorney in her hometown. The lawyer advised she believes it would be possible to get a Mexican court to make a ruling allowing my Fiancee to bring her daughter to the US with her under the K2 Visa.

The big question is, if we get this done in the Mexican courts, will the Juarez consulate except this ruling since Mexican Courts have no jurisdiction in the US?

[Ontarkie 14,346]

My Fiancee spoke with a family law attorney in her hometown. The lawyer advised she believes it would be possible to get a Mexican court to make a ruling allowing my Fiancee to bring her daughter to the US with her under the K2 Visa.

The big question is, if we get this done in the Mexican courts, will the Juarez consulate except this ruling since Mexican Courts have no jurisdiction in the US?

Yes that is what they want.

[stfiii 33]

Yes that is what they want.

Thank you. We're going to give the father a week to calm down from the shock of the news, try to appeal to him one more time, and if he still say's no, we will proceed the legal route with the attorney in Mexico.

[NickD 203]

In my other response to this same crisis dealing with Colombia, failed to mention we did hire a notary to deal directly with the father and have to find a good one.

You can't leave that child alone, someone has to take car of it. and if not the mother, the father. This option was left open to him, you take care of her. Actually a bluff on our part, that child wanted nothing to do with her dad. But was also a great help in convincing him to sign the release. Plus the threat of paying for child support payments until she reached 18 years of age.

His visitation rights was not violated, he still could come to the US. Another point, his own child would have a much better life, getting out of poverty, and if he has any love for this child, he would not block this once in a life opportunity for his own child.

You may find having an attorney, notary, or lawyer negotiating in your behalf may be far more effective. But unfortunately, you don't know unitl you try. My wife to be had no intention of leaving her child behind, for this, I had great respect for her, and did everything in my power to help her. Known some women to leave their offspring behind, really can't start a good marriage this way.

Reason this marriage was broken up in the first place, this guy liked to play around, ha, would really curtail his activities if stuck at home raising a kid. We knew this and used it. Know what you are going through, this added about 8-9 months to the time we could get married. Didn't want to tie the knot until this was settled. But did prove my wife and I could work together, ha, only to meet the USCIS and had to defend their accusations against us for fraud. Was a long journey.

Oh, he never did take advantage of his visitation rights, just being downright stubborn.