Father will not sign petition for son to leave

[mattnaleja 14]

My fiancé is in Colombia. We have been talking for a year now. I have visited her and she has visited me. K1 was submitted July 21, still waiting on NOA 2. I met her 9 year old son and we talk daily, I also met most of her family and she has met my daughter and some extended family.

 

My fiancé was never married but her son's father is on the birth certificate. Her son's father lives 5 hours away and has lived that far for 5 years. He has only attempted to see his son 2 times in 5 years and both times, he was more concerned with my fiancé than her son, so she was not very appreciative of his antics. He has paid a small child support fairly regularly. But he is not a good parent, he does not have an adequate place for a child to live, has several legal citations (including driving under the influence of alcohol) and he only sees his son when his mother or grandmother takes him back to his hometown (approximately 14 days per year). We have hired a lawyer, I sent official documentation to Colombia verifying my marital status (widowed), my employment, proof of health insurance, proof of home ownership, school districts with ESL plans, I even sent down my daughter's scholarship information that she earned while attending the same schools.

 

We hope to have a court date in early 2018 and hope for permanent permission for her son to stay but if it less than we will file for extensions. He has no plans to make an effort to see his son, he just wants to be difficult. I have offered to pay for every trip that my fiancé and her son will make back to Colombia, including the trips to see his father every summer for 30 days, if his permission is approved.

 

Any advice would be much appreciated...

[Unlockable 7,316]

Sounds like you are heading in the right direction with the court request for permission. The only advice now is to not do anything that would jeopardize that court hearing. As the saying goes, "Keep you nose clean". Keep cordial contact with the father. Maybe he will come to his senses in the near future.

[mattnaleja 14]

Thank you NuestraUnion.

 

That is good advice. We will keep things civil and hopefully fairly uneventful.

 

We really wanted to do this cordially, but he gets very manipulative, especially with his son, so we have decided to stick to the legal route and let them handle it. He has refused to accept several court documents from the postal company and also refuses to speak with our lawyer, so we hope that his behavior is an indicator to the judge that full custody with his mother and a permanent permission to the US would be the best.

 

Thank you Again!!!