Fiance Child Custody Documentation for Interview

[rhs2011 11]

I am anticipating custody/permission documentation will be required for my fiancees children to receive their K-2 visas and leave Mexico. I've read some forums with similar cases. My fiancee has two children from to two previous relationships (never married). No father appears on the birth certificate of her first child and we were able to apply and receive a Mexican passport (which requires both parental consent) since no father was on record it as processed. I am hoping (but do not know) if the American Consulate will not require custody/permission documentation since no father appears on the birth certificate. Does anyone know?

It is the opposite with her second child. The father appears on the birth certificate an we are currently seeking sole custody in the Mexican courts in order to get her child a Mexican passport as well as to have documentation of sole custody when it is time for the interview.

[MADDEN 40]

I have exactly the same issue as your self. One of my children has no father listed on their birth cert and the other does (I was never married either)

Under Australian law I have always been able to obtain a passport easily for the child without the fathers consent as he isn't on the birth cert but when applying for my other child I had to file a form as too why he was unable to sign (long story short he doesn't live in Australia, never paid child support ect)

so basically after a long long wait it was granted as immigration could not locate him either.

I emailed the us embassy in Sydney in regards to this and was simply told what is already stated in the pk 3 requirements , that you need a court order or a notarized letter from the father.

Now as each embassy seems to differ greatly in certain areas this may not be your case, so id suggest emailing them and asking so you have the correct advice.

I wish you well on your journey

[Pitaya 2,577]

~Moved from K1 Process to US Embassies and Consulates Forum~

~At that that stage of the process~

[jstset 0]

I just went thru this issue. Its doesn't matter what your country's law are regarding custody. Example in Asia the mother has custody by default unless contested. The USA requires 1 of 2 things. The father has to write a letter granting full custody and travel rights to the mother i can't remember the exact wording..i think the buzz word is consent... this document will need to to have an official notarized/ legalization stamp. It is better to use a USA notary. As the USA does not recognize every countries processes. The embassy has a notary or a list of official sites. Both people have to appear in person for US notary process. If the father is dead and he is on birth cert. then a death cert will work. Of course these need to be official documents. Option #2 is to petition the court of your country for sole custody. Many countries don't even have a process. If you provide a court document stating custody the Embassy wont have a problem. No matter the circumstance you need this document. Example no father listed birth cert , don't know the father, can't find the father, the father is dead but can't provide death cert. I would suggest contacting someone from your country that can provide country details to how to obtain one of these documents. This is just US travel law even US citizens can not travel abroad with a child with out one of the 2 documents. Technically even if your married and only one parent is traveling you should have a notarized Document stating its ok for the spouse to travel abroad. You might google " international travel with children".