Tourist visa for child without legal guardianship (merged)

[kimbaljl 10]

I have a fairly specific situation, but am hoping someone may have some insight or experience with a similar situation. My husband is Peruvian and is hoping to have his mom and possibly his dad apply for tourist visas and come visit. The tricky part is he also has a ten-year-old "sister" that he misses very much and would also like to have come. She is distantly related but not actually his sister, but she has been in the care of his family since she was a baby. Her mother passed away when she was born. Her father is still alive and sees her occasionally but has never been the one to actually care for her. My husband's family has some documents showing her dad has given permission for them to care for her but not something that would be considered a "legal guardian."

Our question is what is the best way to approach her tourist visa? Because of her biological father's low income, we feel like he would be denied for a visa. Would we be able to have her apply through my husband's parents? I don't think it would be a problem to get a letter from her biological father saying she has lived with my in-laws her whole life and that he's ok with her visiting the US with them, but would that be enough without some document showing legal guardianship?

I would appreciate any help or insight you have. Thank you.

[kimbaljl 10]

Along with the official letter from the Haitian Government recognizing her as the legal guardian.

Was the letter from the government a letter issued when she first became the legal guardian, or is it something she requested for the visa? If she requested it, do you know what the process was for that?

My husband and I are in a similar situation with his little "sister" who has been under the guardianship of his parents her whole life but they don't have official "legal guardianship" documents, more just permission from her biological father to care for her. We are trying to figure out if there is a way to receive documents showing legal guardianship.

Thank you.

[Penguin_ie 5,993]

****** One post split from a 3 year old thread and merged here. PLease ask questions about your own case in your own thread *****

A notarised letter from the bio father should be enough for her to get a tourist visa

[Unlockable 7,314]

The "sister" can apply for a tourist visa with the help of her guardians. They may ask for the official biological parents permission. This is a tourist visa and like everyone else she must she strong ties to her country. Whether or not her nonofficial guardians can help will be the issue. The girl still has a living parent which USCIS is very strict about.

Her guardians don't have any legal documents. If they way to be official they should start legal adoption immediately (before she gets too old).