K1 beneficiary : Nervous Mom ..PLS HELP

[Knome 245]

Dear All,

 

I am a divorced woman from India, and my fiance has applied for my K1 this year in March.

I need some help and information regarding how I can bring my 4 years old daughter with me.

me n my ex husband we haven't filed anything related to sole custody of kid, In divorce petition its mentioned she will live with whomever she wants as per our mutual understanding.

My ex husband got married again , and I want to take my daughter with me but he is not agreeing .

Here in India we have a law that if a minor is below 5 years then mother gets the full custody.

so my question is can i take her with me...will there be any questions during K1 interview . please help me and suggest me what else I can do.

I talked with two lawyers here and they told me I can take my daughter with me without any problem.

[mich923 23]

9 minutes ago, Knome said:

Dear All,

 

I am a divorced woman from India, and my fiance has applied for my K1 this year in March.

I need some help and information regarding how I can bring my 4 years old daughter with me.

me n my ex husband we haven't filed anything related to sole custody of kid, In divorce petition its mentioned she will live with whomever she wants as per our mutual understanding.

My ex husband got married again , and I want to take my daughter with me but he is not agreeing .

Here in India we have a law that if a minor is below 5 years then mother gets the full custody.

so my question is can i take her with me...will there be any questions during K1 interview . please help me and suggest me what else I can do.

I talked with two lawyers here and they told me I can take my daughter with me without any problem.

In the form I129f there will be questions regarding minor children so the petitioner will have to add your child on the application. Once it gets to the embassy, you and your daughter will asked to attend the interview. There you will bring your and her passport.

[Roel 7,193]

I'd be extremely careful and work on proper official documents that allow you to take the kid abroad. I'd say you need the father permission in writing. 

 

You don't want anyone to think that you're kidnapping a child. 

[Crazy Cat 42,035]

That is a legal question regarding law in your country. Bringing your Daughter here without the Father's permission could be seen as kidnapping.  I would get a court order allowing the child to leave the country.

[Knome 245]

he is just not agreeing...what I can do ? taking courts order takes really long time here ...if he interferes in that too then it can take years.

no other options . I am getting really worried

[Unidentified 2,930]

Just now, Knome said:

he is just not agreeing...what I can do ? taking courts order takes really long time here ...if he interferes in that too then it can take years.

no other options . I am getting really worried

Well, he is the father he's got a say too. The chances of him ever seeing his daughter again is pretty slim unless you take your daughter to visit him. And you really don't want the US to think you're kidnapping her. 

 

If the law says that you have full custody, then go to the courts and make that official. 

[Roel 7,193]

9 minutes ago, Knome said:

he is just not agreeing...what I can do ? taking courts order takes really long time here ...if he interferes in that too then it can take years.

no other options . I am getting really worried

Do not take the child abroad without father permission. This is not something that will be treated lightly. 

 

"Check your own country’s law on removing your children if their other parent is staying behind. If you are planning to bring children to the United States who are not the biological children of your fiancé, it will be up to you to comply with your country's custody requirements. Even if the children are legally in your custody, you may need to get written consent from the other parent for you to take the children out of your country"

 

[Lemonslice 4,947]

How often will your daughter fly back home to visit her father? Putting everything in writing might reassure him.

[Unidentified 2,930]

1 minute ago, Lemonslice said:

How often will your daughter fly back home to visit her father? Putting everything in writing might reassure him.

Realistically though? He wouldn't suspect maybe she'll lie and he won't ever see her?

[Lemonslice 4,947]

3 minutes ago, Unidentified said:

Realistically though? He wouldn't suspect maybe she'll lie and he won't ever see her?

Who knows? I hope both parents would respect whatever agreement is put in place.  Friends of mine were visiting their father abroad during the Christmas holidays and for most of the summer. As they got older they changed to spending every other year abroad and visiting their mother over the Holidays and during the summer. 

[Unidentified 2,930]

1 minute ago, Lemonslice said:

Who knows? I hope both parents would respect whatever agreement is put in place.  Friends of mine were visiting their father abroad during the Christmas holidays and for most of the summer. As they got older they changed to spending every other year abroad and visiting their mother over the Holidays and during the summer. 

You can always hope. But if I was the father I'm not sure if I would trust someone promising me that I'll see my kids that live in a country where I probably have 0% chance of getting a visitor visa to.

[PreetiKaren 0]

........

Edited July 29, 2018 by PreetiKaren

[FernandLevi 36]

As a father, why would you take your father's child away from him without his consent? That's pure evil.

[Knome 245]

I tried my level best to explain him all ...i told him our daughter is going to get a better future in US than in India..she is going t be more safe thr in any way and also i tried to talk it out telling him that i will send her back to India in every vacation ( as they have more holidays in schools in USA i.e. atleast 3 months thn in Indian schools) . he knows this very well that I m going to take her best care but idk why i feel he is in revengeful mode by not letting my daughter to go with me

[Knome 245]

1 hour ago, Lemonslice said:

How often will your daughter fly back home to visit her father? Putting everything in writing might reassure him.

I told him that whenever she wants she can come back and i will pay for that even and i will send her back to india in every vacation and breaks from school. how else i shud convince him idk.