My K1 and K2 Visa preparation and checklist

[fip & jim 452]

We had our interview for K1 and K2 visa yesterday and got approved. Here's the preparation we did to reach this point:

 

We chose the K1 visa route after exploring how we could be together. Jim was ok with us getting married and applying for a spousal visa but I didn't want to start our married life living separately. We also looked in to Jim moving to the UK but he has a child in the US that he wants to maintain regular contact with. To get the equivalent job in the UK that Jim has in the US would mean commuting to London every day to work in the City and that's a lifestyle neither of us wants. My daughter is in her early twenties and it is unlikely she would return to live at home with us once she finishes her degree. My son has no contact with his father and it looked likely this was to continue as it has for years (father's choice). Once we eliminated certain scenarios we could explore what we could do. We meet the criteria for K1 and K2 and my son and I are willing to move so that's how we ended up deciding this was the route for us to get to be together. 

 

In the UK permission is needed to permanently remove a child from their country and relocate to another, either by all parties with parental responsibility, or by court order in their absence or their objection to the proposal. Permission or the court order to permanently remove a child (Leave to Remove) is needed for the consulate interview or the visa will be denied at that point. I started the court process for getting Leave of Jurisdiction to permanently remove my son from the UK in June 2017. This can take up to 6 months in a straight forward case, longer if there are objections, so we knew this was the first thing we needed to get in order for applying for a visa. Filing cost £215 at the time. Details of how to proceed can be found here: http://www.gov.uk/looking-after-children-divorce/types-of-court-order. It took about 4 weeks for them to process the initial paperwork and a preliminary hearing was scheduled for September 2017. It could have been earlier than that but we had planned to spend time in the US over the summer so my son could see if he liked it and could imagine living there permanently. We do not know where my son's father is living as he does not provide us with contact details. The court traced him and the papers were issued to him with our proposal and the date of the hearing. 

 

When preparing our proposal we stuck to facts and evidence as much as possible, much like the visa petition. It is the applicant's responsibility to show how the proposed relocation is in the best interests of the child. Any objection will need to show that it is not in the best interests of the child to relocate. 

 

This the position statement I prepared for the first court hearing:

 

IN THE FAMILY LAW COURT AT [  ]                                                                     CASE NUMBER [ ]

THE MATTER OF [  ] (child’s name) BORN ON [ ]

BETWEEN THE APPLICANT MOTHER [  ] AND THE RESPONDENT FATHER [  ]

POSITION STATEMENT OF THE APPLICANT [  ] FOR HEARING ON [  ]

 

1. Permission is needed from the court for removal from this jurisdiction. Child's father, Mr [ ], has parental responsibility. [  ]’s birth was registered on [ ]. [ ]’s parents were unmarried and Mr [ ]  is named as [ ]'s father on his birth certificate. Mr [ ] does not exercise parental responsibility.

2. Applicant Mother is in a committed relationship with her fiance, Mr [ ], a citizen of the USA. Applicant Mother [ ] and Mr [ ] (American fiancé) are in the process of applying for a visa for Ms [ ] and Child [ ] to move permanently to the USA. Applicant Mother [ ]  and Mr [ ] (fiancé) will marry within three months of her moving to the USA as part of this process. Child [ ] wishes to move with his mother to the USA and make his home there.

3. Applicant Mother [ ] is a dedicated primary carer for her son [ ]. [ ] currently lives with his mother at their home of [ ] years. Child’s father moved out of the family home in [ ] following his separation with applicant mother [ ].

4. Child [ ] has a diagnosis of ASD (autism) and a language impairment. This presents itself as difficulties with social communication and language, social and emotional interaction, and difficulties with imagination and flexibility of thought. Child [ ] needs the security of a structured environment tailored to his needs to be able to cope with everyday life. Applicant Mother [ ] is a full-time carer for Child [ ]. Child [ ] has made good progress over the years and currently he receives no therapies or support from agencies.

5. There has never been a parenting plan or contact agreement in place. The responsibility of providing for child [ ]’s needs has been shouldered solely by Applicant Mother [ ].

6. Details of breakdown of parent/child relationship.

7. Respondent Father [ ] has moved since he last had contact with Child [ ] in [ ] (date). He has not provided contact details since then. He has not attempted to rectify the situation or exercise his parental responsibility.

8. Details of fiance’s relationship with Child

9. Details of how American fiancé will provide for family

10. Proposed arrangements for relocation                                                                                                                                                           

11. Proposed arrangements for maintaining Child’s relationships in UK, including budget for trips, flight schedules from nearest airport in US to UK, provision for regular contact via phone/video call app with family and friends in UK.

12. If leave is denied Ms [ ] fears for her family's future without the support of her beloved partner. Child [ ] wishes to have the security of the family unit with Mr [ ] (American fiancé) and relocate to the USA.

13. Although Child [ ] may find some aspects of relocation challenging, it is his family's considered opinion that the long-term benefits far outweigh the short-term challenges he may face. With their support and the additional stability that they can provide as a family unit he will thrive in the new situation.

Signature

Date

 

The order was issued at the first hearing (September 2017) as there were no objections from parties with parental responsibility or the judge.

 

We filed our petition for the K1 and K2 visas in August 2017. 

 

Preparation and details of our medical interview can be found here: http://www.visajourney.com/forums/topic/675370-medical-at-knightsbridge-visamedicals/. This was the most difficult part of the process for me as I had to show how my son would not be a public charge if we were granted a visa.

 

For our consulate interview we prepared and took the following:

•              Passports
•              Birth Certificates & copies
•              2 visa sized photos for each applicant (50mmx50mm)
•              My Police Certificate (ACRO) & copy
•              Court Order for Leave of Jurisdiction to permanently remove my son from the UK & copy
•              Print out of DS-160 confirmation pages for each applicant
•              Print out of email confirmation of MRV fee & courier selection
•              Embassy letter & approved I-129F
•              Print out of NOA1, NOA2 & NVC case number email
•              Original signed new affidavit of support from my fiancé, & new I-134 each for myself & son,  also filed with USCIS. 

                         (We decided to do this as we bought a house 3 weeks before so the previous affidavit of support, dated August 2017, wasn’t current)

•              Confirmation of fiance’s bank account letter
•              Confirmation of fiance’s employment letter
•              Fiance’s W2 for 2017
•              Fiance’s IRS Tax Return Transcript for 2017
•              Fiance’s Bank Statements
•              Fiance’s Pay stubs
•              Fiance’s Treasury Bond details
•              Fiance’s Divorce Decree
•              Property Transfer Affadavit of our new house & confirmation of change of address from USCIS
•              Details of fiance’s Health Insurance showing how we will be covered by his policy
•              Copy of RFE & copies of evidence re-submitted in March 2018
•              Evidence of in-person meetings & original letters & correspondence from fiancé & photos of us together

 

At no point have we been asked how we intend to provide for our child's needs educationally or socially, but we have had that information available throughout should the need arise.

 

Since we decided to apply for the visas we have been treading a fine line between preparing my son for a possible move whilst staying realistic about being denied the opportunity to live together. That has been a difficult juggling act for us and even harder for him to deal with the uncertainty, I believe. It has taught him new skills that he will be able to use in the US as he adjusts to his new life. If it had failed we all would have learned something in the process and adjusted our plans. The pressure is magnified on you as a parent trying to maintain a workable life for your special needs child throughout this difficult process. At times I have questioned our ability to do this but now I know we can. I have found reserves of strength and patience I didn't know I was capable of summoning up and we will take what we've learned forward to the next steps. 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Edited June 22, 2018 by fip & jim

[Catherine6 118]

Congratulations and best wishes to all of you.

[fip & jim 452]

5 minutes ago, Catherine6 said:

Congratulations and best wishes to all of you.

Thank you. 

[4A2 76]

Congratulations and thank you for sharing your journey. I am sure it will become very helpful for other people going through the same situation with their kids. 

[fip & jim 452]

6 minutes ago, 4A2 said:

Congratulations and thank you for sharing your journey. I am sure it will become very helpful for other people going through the same situation with their kids. 

Thank you.