No permission from BIO Father for minor daughter - options?

[stfiii 33]

As the Title suggested, the Bio Father of the minor daughter will not give permission for the daughter to immigrate. Let me break this down and please if anyone out there knows of any options we may have at our disposal, please don't be shy, please let me know.

Fiancee is Mexican National living in Mexico.

Minor daughter is dual citizen with Spain and Mexico, lives with her mother in Mexico.

Bio father is a Spanish citizen living in Spain, with no Mexican nationality.

Bio Mother has Custody and Guardianship. Bio Father still has parental rights.

Minor Daughter has European Passport from Spain and can pretty much travel freely to the US without the need for a Visa and has done so several times to visit her Uncle and cousins in the USA.

Since Bio Father won't give permission, does anyone out there know what path we can take here?

Here are my thoughts, and clearly, I'm just throwing out some ideas, I don't know if they are viable, the legality of it, and or if these ideas will work or not.

Option 1: Proceed with the K1 Consulate Interview. If they don't give permission for the daughter to come, can we then tell the Consulate the daughter will follow later? Will that work? Then because the daughter has a Spanish Passport, we can just have the daughter come up for 90 days at a time to "Visit us", then we can send her back to grandma and grandpa for a weekend, then have her come back to the states on the tourist visa for 90 days, and just keep repeating this process until she turns 18, then we can file for her citizenship immigration or whatever you call it. Does anyone see a problem or legal issue with this?

Option 2: If the consulate will not allow the minor daughter to come over on the K visa, have the minor daughter apply for a Visa Waiver to study in America for school. that way she can stay with us for longer periods of time before we need to send her home in-between school or however long a visa waiver is good for.

Option 3: If Bio Mom is living here in the states with me as my wife, and she is supposed to have custody of her minor daughter, after the daughter comes to the states to visit us, can the daughter stay here past her 90 Visa entry and can we apply for a hardship exemption to keep the daughter here in the states with us? Does anything like that exist in the annals of our immigration system?

Option 4: Can anyone out there give me a 4th option that is viable?

I know there will be some comments about fraud etc...- this is not my intention. We are not trying to fraud the immigration system. My intention is to find out of anyone knows of ways to circumnavigate the need for the bio fathers permission and just get my family over here to live with me so we can begin our new life together.

[baron555 934]

Email the Embassy and ask for their requirements.

The permission is a deal breaker and that is why it is highly suggested to work that out prior to filing any petition.

Offer the father some monetary consideration; that works a lot of times.

[Ontarkie 14,548]

What Country are the custody papers made in, Mexico or Spain?

If Mexico she can go back to the courts and get a court order to allow her to immigrate to the US.

Plus find out where the custody orders are from and find out if she even needs his permission. Some countries if the mother has sole custody they don' need the bio dad's consent.

[stfiii 33]

Email the Embassy and ask for their requirements.

The permission is a deal breaker and that is why it is highly suggested to work that out prior to filing any petition.

Offer the father some monetary consideration; that works a lot of times.

Who's embassy? The American embassy, Mexican embassy or Spanish embassy?

[tyler007 26]

Fiancee and daughter live in Mexico so the US Embassy in Mexico. That is where the K-1 interview will occur if you selected it.

Tyler

[baron555 934]

Option 1: Proceed with the K1 Consulate Interview. If they don't give permission for the daughter to come, can we then tell the Consulate the daughter will follow later? Will that work? Then because the daughter has a Spanish Passport, we can just have the daughter come up for 90 days at a time to "Visit us", then we can send her back to grandma and grandpa for a weekend, then have her come back to the states on the tourist visa for 90 days, and just keep repeating this process until she turns 18,

Maybe? Border Control will see that the mother has immigrated to the US and could possibly deny entry due to intent to immigrate. Maybe far-fetched but a possibility.

then we can file for her citizenship immigration or whatever you call it. Does anyone see a problem or legal issue with this?

If the mother has obtained her citizenship by then (need to stay married to the K-1 petitioner for three years first, then she could apply for the child, takes about a year. Or, the USC petitoner could apply as step-parent, takes about a year.

Option 2: If the consulate will not allow the minor daughter to come over on the K visa, have the minor daughter apply for a Visa Waiver to study in America for school. that way she can stay with us for longer periods of time before we need to send her home in-between school or however long a visa waiver is good for.

Same possible negative outcome as listed above.

Option 3: If Bio Mom is living here in the states with me as my wife, and she is supposed to have custody of her minor daughter, after the daughter comes to the states to visit us, can the daughter stay here past her 90 Visa entry and can we apply for a hardship exemption to keep the daughter here in the states with us? Does anything like that exist in the annals of our immigration system?

I don't think so. Every person from Central America would be doing the same; many times those folks come over illegally.

Option 4: Can anyone out there give me a 4th option that is viable?

[stfiii 33]

So, someone I've been communicating with on this site, sent me the following link from July 2015 to this post by a member who had a similar situation.

http://www.visajourn...xico/?p=7738658

According to the users post, The Juarez Consulate does not ask about the Bio Father, and since the children has passports already, then we don't need to wait. This seems to good to be true, and I'm taking it with a grain of salt.

Big Question. If we go to Juarez, and they end up asking for letter from father, Do we have to start the process all the way over from the beginning again, or can we try and get the letter from the Mexican court, then make another follow up appointment with the Juarez Consulate?

[baron555 934]

So, someone I've been communicating with on this site, sent me the following link from July 2015 to this post by a member who had a similar situation.

http://www.visajourn...xico/?p=7738658

According to the users post, The Juarez Consulate does not ask about the Bio Father, and since the children has passports already, then we don't need to wait. This seems to good to be true, and I'm taking it with a grain of salt.

Big Question. If we go to Juarez, and they end up asking for letter from father, Do we have to start the process all the way over from the beginning again, or can we try and get the letter from the Mexican court, then make another follow up appointment with the Juarez Consulate?

You'll have some time period to obtain the requested documents.

[baron555 934]

So, someone I've been communicating with on this site, sent me the following link from July 2015 to this post by a member who had a similar situation.

http://www.visajourn...xico/?p=7738658

According to the users post, The Juarez Consulate does not ask about the Bio Father, and since the children has passports already, then we don't need to wait. This seems to good to be true, and I'm taking it with a grain of salt.

Big Question. If we go to Juarez, and they end up asking for letter from father, Do we have to start the process all the way over from the beginning again, or can we try and get the letter from the Mexican court, then make another follow up appointment with the Juarez Consulate?

I wouldn't just use someone else's experience as final guidance. Email the Embassy and ask them directly.

[stfiii 33]

I wouldn't just use someone else's experience as final guidance. Email the Embassy and ask them directly.

When I email the Juarez Embassy, should I use my case number and how should I phrase the question. Should I simply ask

"what documents will my fiancee and her two daughters need to bring to the interview?"

or should I elaborate and ask them

"Does my Fiancee need to bring a letter from the Bio Father for her daughters to join us on the K1 Visa?"

Will volunteering that information raise a red flag for further screening. It seems other people state the Juarez Consulate is pretty lax about Police Clearance Cards and Permission letters.

If they give me a canned response with a link pointing to the website with a list of required docs...- well, that list always seems to ad more confusion then clarification.

[baron555 934]

I would ask the direct question.

No need to give them your case number; I don't believe they will give you a black mark for asking.

[Boiler 46,270]

Why does the Bio Dad object? Makes sense if Father was in Mexico but what difference does it make if he is in Spain?

VWP is for visiting, child will lose the privilege if it is abused.

[stfiii 33]

Why does the Bio Dad object? Makes sense if Father was in Mexico but what difference does it make if he is in Spain?

VWP is for visiting, child will lose the privilege if it is abused.

It's a long story, but probably what it comes down to is typical Machismo BS that he refuses to let her move on, which is the same reason she is back in her home country in Mexico, and why he is alone in Spain, and why his children grow further and further away from him with every selfish action that he takes.

[Boiler 46,270]

It's a long story, but probably what it comes down to is typical Machismo BS that he refuses to let her move on, which is the same reason she is back in her home country in Mexico, and why he is alone in Spain, and why his children grow further and further away from him with every selfish action that he takes.

But he let them leave Spain?

[Avery Cates 1,141]

Option 1: Proceed with the K1 Consulate Interview. If they don't give permission for the daughter to come, can we then tell the Consulate the daughter will follow later? Will that work? Then because the daughter has a Spanish Passport, we can just have the daughter come up for 90 days at a time to "Visit us", then we can send her back to grandma and grandpa for a weekend, then have her come back to the states on the tourist visa for 90 days, and just keep repeating this process until she turns 18, then we can file for her citizenship immigration or whatever you call it. Does anyone see a problem or legal issue with this?

This option right here is an astoundingly good and efficient way to get the daughter's VWP revoked and make her forever ineligible for a B-2.

I know there will be some comments about fraud etc...- this is not my intention.

Intentional or not, roughly 50% of the things you're thinking about are pretty fraudulent.