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Posted

Hey,

Currently in the process of form filling and information collecting for k1 and k2(?) It's for me and my 10 year old who shares my surname. But father is on birth certif.

Biological father is fully supportive, we were wondering as to whether he needs to see a solicitor to get a letter written up to state that he agrees to his son moving. If so would I take this to the interview?

 

Many thanks.

Filed: AOS (apr) Country: Philippines
Timeline
Posted
12 minutes ago, Emster said:

Hey,

Currently in the process of form filling and information collecting for k1 and k2(?) It's for me and my 10 year old who shares my surname. But father is on birth certif.

Biological father is fully supportive, we were wondering as to whether he needs to see a solicitor to get a letter written up to state that he agrees to his son moving. If so would I take this to the interview?

 

Many thanks.

Country specific answer...  Where are you going to interview?

YMMV

Filed: IR-1/CR-1 Visa Country: Honduras
Timeline
Posted

Without researching the country-specific law, typically, the non-custodial parent must submit a letter or form granting permission for a child to leave the country.  The exception is a court or official document severing parental rights to that parent.  

Filed: AOS (apr) Country: Philippines
Timeline
Posted
1 minute ago, bakphx1@aol.com said:

Yes you would take it to the interview, and include a copy of it in the submission of the petition.  Don't mail in the original. 

Required for the visa interview, not a requirement for the petition so you do not need to let this delay your petition submission

YMMV

Filed: IR-1/CR-1 Visa Country: Honduras
Timeline
Posted
6 minutes ago, payxibka said:

Required for the visa interview, not a requirement for the petition so you do not need to let this delay your petition submission

True, not required.  I should have clarified it helps to provide this up front and have it on hand rather than scramble when the interview date comes up.  I should also clarify that in some cases you have to specify the travel date, in which case you can't.  That was general advice, but an attorney should be consulted as taking a minor out of the country is always a big deal. 

Filed: AOS (apr) Country: Philippines
Timeline
Posted
2 minutes ago, bakphx1@aol.com said:

True, not required.  I should have clarified it helps to provide this up front and have it on hand rather than scramble when the interview date comes up.  I should also clarify that in some cases you have to specify the travel date, in which case you can't.  That was general advice, but an attorney should be consulted as taking a minor out of the country is always a big deal. 

They will want to see the original not the copy should you submit it with the petition, so no way to avoid the scramble as you say.

Though it is good advice to make sure the non custodian parent will agree otherwise it will be a waste of time to petition if the minor child will be denied the ability to immigrate

 

For my minor child I simply had the child's father sign and notarize a permission to immigrate letter (not a permission to travel so as to avoid specific dates).  No attorney was consulted.

 

It is important documentation and should be very easy to accomplish if you have a cooperative non custodial parent

YMMV

Filed: IR-1/CR-1 Visa Country: Honduras
Timeline
Posted
2 hours ago, payxibka said:

They will want to see the original not the copy should you submit it with the petition, so no way to avoid the scramble as you say.

 

You are absolutely correct.  When I wrote the reply, I kind of keep in mind that there are people who realize the day before the interview that they mailed in their original birth certificates or that their passport is expiring that day or something like that.

 
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