Father refuses to consent for child to immigrate (split)

[mattnaleja 14]

We are 90 days into the K1 process. Still waiting on NOA2. My fiancé is in Colombia with her son. Her son's father will not sign the letter of permission for his son to leave Colombia with his mother. They were not married, but he is on the birth certificate, so we all know that equals parental rights. He does not live in the same city as his son and his son's mother. He lives 5 hours way and has lived that far for 5 years. He has only attempted to see his son, twice in the last 5 years and both times he was more concerned with my fiancé than his son, so she was not very appreciative of his antics. He does pay a small amount of child support and has done that fairly consistently. He is not a very good parent, he does not have adequate living conditions for a child to live in and he only sees his son, when my fiancé goes back to her home town to see her parents. So he averages about 14 days a year that he sees his son. He has 3 legal citations, including a DUI. We have hired a lawyer and hope to have a court date by early 2018. I have sent proof of my employment, health insurance, the fact that I have raised a child who is on academic scholarship to college, also a letter of my intentions to marry my fiancé and take care of her and her son. We have also included that I will also pay for my fiancé and her son to return to Colombia for a month every summer, so her son can see his whole family including his father, if he so chooses. 

[JeanF 32]

How old is the son?

[mattnaleja 14]

Her son is almost 10

Edited November 21, 2017 by mattnaleja

[Boiler 45,769]

let us know how it goes.

[mattnaleja 14]

I will let you all know how it goes, as well as any advice for future reference.

 

Cheers!