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What does my fiance' have to do to bring his children with him once visa is approved?

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Filed: K-1 Visa Country: Jamaica
Timeline

My fiance' has two children both have different mother's. Both children live with him and one mother is completely absent while the other mother provides little or no assistance with the financial or parental responsibilities with the child however she is not in agreement with the child coming to rhe US to live. Will we need to seek legal counsel of can he bring the child without her consent? The country is Jamaica can anyone give us any advice regarding this situation?

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Filed: Citizen (apr) Country: Hungary
Timeline

He needs either 1) sole custody or 2) statement from the mother that she agrees with the child's immigration to the US. He needs one of these for each child.

Edited by EM_Vandaveer

Entry on VWP to visit then-boyfriend 06/13/2011

Married 06/24/2011

Our first son was born 10/31/2012, our daughter was born 06/30/2014, our second son was born 06/20/2017

AOS Timeline

AOS package mailed 09/06/2011 (Chicago Lockbox)

AOS package signed for by R Mercado 09/07/2011

Priority date for I-485&I-130 09/08/2011

Biometrics done 10/03/2011

Interview letter received 11/18/2011

INTERVIEW DATE!!!! 12/20/2011

Approval e-mail 12/21/2011

Card production e-mail 12/27/2011

GREEN CARD ARRIVED 12/31/2011

Resident since 12/21/2011

ROC Timeline

ROC package mailed to VSC 11/22/2013

NOA1 date 11/26/2013

Biometrics date 12/26/2013

Transfer notice to CSC 03/14/2014

Change of address 03/27/2014

Card production ordered 04/30/2014

10-YEAR GREEN CARD ARRIVED 05/06/2014

N-400 Timeline

N-400 package mailed 09/30/2014

N-400 package delivered 10/01/2014

NOA1 date 10/20/2014

Biometrics date 11/14/2014

Early walk-in biometrics 11/12/2014

In-line for interview 11/23/2014

Interview letter 03/18/2015

Interview date 04/17/2015 ("Decision cannot yet be made.")

In-line for oath scheduling 05/04/2015

Oath ceremony letter dated 05/11/2015

Oath ceremony 06/02/2015

I am a United States citizen!

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Filed: Country: Jamaica
Timeline

He will be required to do a DNA test for both children. In JA, without the mother's consent, they cannot immigrate. That includes permission from the absent mother.

Edited by Pinkrlion

Phase I - IV - Completed the Immigration Journey 

 

 

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Filed: K-1 Visa Country: Jamaica
Timeline

Thank you both for your rapid response. Is the DNA test required even though his name is on the birth certificates?

Thank you both for your rapid response. Is the DNA test required even though his name is on the birth certificates?

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Filed: K-1 Visa Country: Jamaica
Timeline

Okay thanks. Not that its an issue. I just hate the fact that there is so kuch red tape for any single parent's. When the absentee is a dead beat. But I guess I understand as well.

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Filed: Timeline

Yes, he will have DNA tests for both.

There is no requirement for this; it may or may not be requested. USCIS or the consular officer can request it, but it is a last resort for convincing the officer that there is a biological relationship. If his name is on the birth certificate (and it was timely filed) and he can prove he is the primary caregiver, it may not be required.

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Filed: K-1 Visa Country: Jamaica
Timeline

Thank you so much. I will be going to Jamaica next month and we will look into it then. I really appreciate the replies. I don't mind the DNA testing so much I just think its so unfair that a parent and especially a mother can drop a child at the fathers door step and then for two years and the other has been as long as he and I have been together (5 years this oct.) and then they can dictate anything regarding what is best for the child.

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Filed: Country: Jamaica
Timeline

It is common practice in JA that the mother leaves to seek work and leaves the children with family members or fathers for years. It will not be a surprise to CO that this happened.

Phase I - IV - Completed the Immigration Journey 

 

 

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Filed: K-1 Visa Country: Jamaica
Timeline

I wish that was the situation but its not. The oldest child that has not seen nor heard from his mother in 3years and he is disabled and the other mother is just enjoying her life and provides no or minimal assistance. However she does maintain a fancy hairdo, clothing and make up. Is that customary as well? Thank you for the advice Pinkrlion, I will govern my steps with this information in mind.

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Filed: IR-1/CR-1 Visa Country: Jamaica
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I wish that was the situation but its not. The oldest child that has not seen nor heard from his mother in 3years and he is disabled and the other mother is just enjoying her life and provides no or minimal assistance. However she does maintain a fancy hairdo, clothing and make up. Is that customary as well? Thank you for the advice Pinkrlion, I will govern my steps with this information in mind.

DNA is not a up front requirement. I wouldn't advise to do it unless requested because there are specific places that they request DNA tests if its necessary.

Cateogory: CR1

  • NOA1/Notice of receipt: Sept. 15, 2015
  • NOA2/I130 Approved: February 8, 2016 (NO RFE) :)
  • Process slowed down by us
  • Sent documents to NVC: April 11, 2016
  • Scan date: April 14/ May 7th (NVC said both I dont know why)
  • Case Complete: May 31, 2016 (No checklist) :dancing:

August 17, 2016: Visa Approved!!!! :dancing:

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Filed: Timeline

DNA most definately will be requested in JA. the embassy will give specific facility for it to be done.

The absentee mom of the disabled child will not be a problem the guardian will get statements

from school, medical facility, doctors, signed letter by JP re: the MIA mom.

The mom who decided not to let her kid migrate have all the say so (always 2 sides to a story,

hairstlyes really has nothing to do with it) Yes you may be a good heart caring person looking to

give that kid an opportunity , but many Jamaican kids have ended abused even dead after the

mom agree to send them off to dads

Two cases in Canada stands out where the kids under 10 yrs old end up dead, so try to

understandfrom a female point. I suggest you meet & have an objective conversation with the

mom when you visit Jamaica.

I hope you garner good info while there....best wishes

Edited by Jawaree
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  • 2 weeks later...

i would take her to court and file for full custody. I think its all about money, maybe she feel that when he is in the U S and she have the child he will send money to her

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Filed: K-1 Visa Country: Jamaica
Timeline

i would take her to court and file for full custody. I think its all about money, maybe she feel that when he is in the U S and she have the child he will send money to her

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