visa hold up due to court process

[Aus2US 1]

Hi

My situation just got complicated - my fiance and I had begun the visa process with the verbal understanding and agreement of my daughter's father that I move our daughter to the US on K2 visa. He now refuses to sign a document just when I am about to get an interview date with the consulate in Sydney, and subsequently I have to go through a court process. My lawyer believes I will have no problem obtaining court consent due to his lack of engagement with my daughter, but our existing court order states that while I take care of her every day needs, he still has weekend visitation rights and the right to make decisions on her overall welfare (although he has not exercised these in years). The court process is expected to take a year.

Has anyone had experience in this kind of hold up in their visa process? how does the consulate view this? Can our petition expire?

Thanks for your help.

L

[Georgia16 2,858]

They might be able to extend the NOA2 for up to a year but you'll both need a new medical. That's what I think I have read about it so not totally sure.

I would contact the embassy and aks about your options since it's already there

[aaron2020 11,651]

Contact the US Embassy and ask to delay your interview since you are resolving custody for your child whom you wish to bring with you to the US.