Our Juarez K1 Consular Review - Fiancee and two daughters

[stfiii 33]

I wanted to pass along our experience going to the Juarez Consular in Mexico with my Fiancee and her two daughters.

We were approved to make the appointment back in August of 2015, but we did not make our interview appointment until March 15th 2016. The major factor that contributed to the long delay in our ability to process the K1 visa was the Bio Father of my fiancee's daughters refused to sign permission. We tried every which way under the moon to reason with this man, but he just would not sign permission. This Bio father is not Mexican, does not live in Mexico, he lives in Spain, and he hasn't made any efforts to see his kids in a number of years, so there was no good reason for him not to sign.

We visited with multiple attorneys that each promised us an easy and simple process to get the court to grant permission for the mother to take her daughters to America. However, all the attorneys we spoke with wanted my Fiancee, her children and other family members to tell lies to the judge to get the permission letter from the Mexican Court. We were not willing to lie to get the paper work.

Our last option was to get a Mexican Court to grant sole custody to the mother so that she could make all decisions for the kids without the fathers permission. If you are unwilling to tell lies (and I recommend that you don't) then this is your only option. This option also took much longer then we thought it would.

When we finally had the opportunity to make the appointment at Juarez, we were on pins and needles as we were really concerned that not having the bio fathers permission would block our ability to complete the process.

I can tell you right now, from my experience, when the consulate sends you the check list of items to bring to your appointment, just bring the items on that check list. Not once during our interview did the consular ever ask about the bio father. His parental rights were never questioned. His name was never mentioned at any time during the interview. At the end, the consular told us we were approved.

I was so mad that we spent the last 7 months paying thousands of dollars to attorneys in Mexico for something that we did not need.

I am especially frustrated that I listened to the advice of people on this forum who told us we would need to have that letter. I don't know why people on this forum tell people that they have to have permission from the Bio Parent to get the K1 Visa. Maybe this is true in some consulate interviews, but here in Mexico, it's not true.

I remember reading a review from someone else on this site who was going to the Juarez Consular, and they delayed their K1 process for the same reason, for one whole year, so they could get a permission letter from the Mexican Court. And when they showed up at Juarez they didn't event want to see the letter. Even when they told the person doing the interview that they had a letter for the kids, the consular said they didn't need it and didn't even want to look at it.

I will tell you this. When you apply for the K1, you fill out a I-129 with a list of the names and ages of everyone that will be joining you. After you get the NOA1 and the NOA2 your file is sent to the Juarez Consulate. The Consular then sends a letter saying you are approved to make an appointment, and now all you need to do is bring the items on the check list that they provide you. If they did not tell you to bring a letter from the bio parent of the kids, then don't. As far as I can tell, and based on other people here who have gone through the same experience, Juarez does not require a letter from the BIO Parent!

I will tell you this, if you can get the letter from a Bio Parent, then get it, but if you can't, make your appointment and go to the consular anyway.

Here's the questions my Fiance and her kids were asked during the interview.

They they asked her two daughters the following questions.
1. Have you ever been in the US?
2. For how long?
3. Have you ever been in the US more then 3 months?
4. what kind of visa did you use to enter when you went to the US?

Then to my fiancee.

1. You're here for the k1 Visa?
2. Have you ever been to the US?
3. If yes, how long ago was it?
4. how long did you stay in the us
5. do you have any tattoos
6. did you ever work in the US
7. Do you have any criminal records, or been in jail?
8. have you ever had any problems with the justice?
9. How did you meet your Fiance?
10. How long have you been in a relationship?
11. Then he asked if I was legally divorced?
12. Then he asked my Fiancee if this would be her first marriage.
12. Then he asked for copy of my divorce certificate
13. Then asked where will you live when you go the US?

Then he said congratulations. I hope that you will enjoy your stay in the United States.

My Fiancee thanked him a million thank you's, and his only response was "I have nothing more to say"

[MariaR323 199]

Congratulations amigo!

[Jawaree 717]

Countries are different even cases that seem alike is not...I understand where you are coming from, but

a DIY forum can give no one legal advise, its always best to check with a countrys consular office or

embassy, someone may go into the same embassy & its requested by another CO.

I am quite sure your info will help others , and glad that your family finally got through, but ppl the FORUM

states it....there are no attys here , it a forum with past experiences told & one can garner some answers to

questions...always seek a reputable attorney for legal advice

[TBoneTX 45,223]

Congratulations on your success.

[ayceman 3]

I went through a similar thing with my Fiancee the Bio father just signed the letter letting his daughter get a passport was your Fiancee's issue obtaining a passport for her daughter? that is the only reason I had to jump over hurdles in the end I paid the father a nice sum to buy his permission go figure. But to clarify and so people who have a Fiancee in Mexico they Will and I repeat will absolutely need the Bio Fathers permission unless the mother has sole custody of the minor child to obtain a passport which is required for the visa. This is what held me up after all how can you obtain the visa without a passport and at the SRE they will make absolutely no exceptions for this. So I am happy for you but please bear in mind that especially if the Bio Father is Mexican (and they usually are) then the children will in no way be granted a passport without their ok.

Edited March 17, 2016 by ayceman

[stfiii 33]

I went through a similar thing with my Fiancee the Bio father just signed the letter letting his daughter get a passport was your Fiancee's issue obtaining a passport for her daughter? that is the only reason I had to jump over hurdles in the end I paid the father a nice sum to buy his permission go figure. But to clarify and so people who have a Fiancee in Mexico they Will and I repeat will absolutely need the Bio Fathers permission unless the mother has sole custody of the minor child to obtain a passport which is required for the visa. This is what held me up after all how can you obtain the visa without a passport and at the SRE they will make absolutely no exceptions for this. So I am happy for you but please bear in mind that especially if the Bio Father is Mexican (and they usually are) then the children will in no way be granted a passport without their ok.

To answer your question about passports. yes, you would need both parents permission to obtain a passport for a child in Mexico, this is probably true in every country. Fortunately we had valid passports for everyone in our petition.

[stfiii 33]

Countries are different even cases that seem alike is not...I understand where you are coming from, but

a DIY forum can give no one legal advise, its always best to check with a countrys consular office or

embassy, someone may go into the same embassy & its requested by another CO.

I am quite sure your info will help others , and glad that your family finally got through, but ppl the FORUM

states it....there are no attys here , it a forum with past experiences told & one can garner some answers to

questions...always seek a reputable attorney for legal advice

Yes, you are right. This forum helped us a ton, and I'm grateful for all the support we received from the community. I know this process would have been 100 times more difficult without this forum and it's members.

One piece of advice I was given by senior members more then once was to call the consulate and ask them the question directly regarding if we needed a permission letter from the Bio Father.

There is a certain fear from my side to make that call to the consular. But in hindsight, it was good advice that I probably should have followed up on.

I am grateful to Visa Journey Forum and all of the members.

Thank You!