K1 beneficiary : Nervous Mom ..PLS HELP

[Unidentified 2,930]

5 minutes ago, Knome said:

Yes its ready n with me

Now you just need court-ordered full custody and permission to go.

[Unlockable 7,315]

28 minutes ago, JayHouser said:

Everyone is quick to judge in this thread despite not knowing what kind of father this person is or the family situation.. So her choices are not get married and raise her kid in India or leave her kid behind? Have some perspective.

This is not about judging the OP. This is about advising about abiding the local laws. You can't even do this in the US unless it is court authorized. There are US cases where a mother could not even move to another state with her child(ren) without getting approval first.

Edited July 29, 2018 by NuestraUnion

[Unlockable 7,315]

1 hour ago, Knome said:

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

That is not the point. You can claim that your daughter will become a Princess and be in a Royal Family if she goes with you. The point is you need to find out with your countries laws the rights of fathers.

 

Try reversing the position. Imaging if your ex-husband told you he wanted to take your child to Australia while you remain in India.

The mere fact that the father has expressed his concern indicates that he wants to have a say in this. If he was an absent father who doesn't care, the situation may be different.

 

1 hour ago, Yanajill said:

My son was a K2 beneficiary when my fiance/now husband petitioned us, during the interview they didn't asked anything about my son although I prepared a notarized letter, signed by his biological father that he is authorizing me to bring our son to USA under K2 visa. 

I'm from Philippines our law says that if the child is below 7 yrs old , the mother has the full custody. 

 

 

Philippine laws are very different than India's laws. This does not mean the OP will have the same experience.

 

28 minutes ago, Bob & Karla said:

Hi.. I had the same issue with the father my second child. He doesn't want I take my kid with me when I move to USA and I asked for a lawyer and I got a Judge permission for that, and for everything , full custody over my 4 years-old kid. I have my document  with Apostille of Hague for international use so I won't have any problem in any airport around the world and for get any documentation like visa, ID, passport for my son neither and the father can not report you for kidnapping her because you have the judge's order.  So, my suggestion is you need make sure how the laws in your country works regarding this subject and looking for help. That is a problem you need to solve in your country before you move to USA. Success!!

Thanks for this post. This is what we are talking about. There is a right way to do this. Taking a child to another country when the father has expressed he doesn't want this, will open up all kinds of problems. But that does not mean it will never happen. You will just need to take some time and go through the legal route.

[EandH0904 1,184]

1 hour ago, Knome said:

i really was willing to send my daughter to him in evry vacation if he has given agreement...as a mother i hav left with no other options and i cant leave my daughter behind...n like he has already started his new life by getting married...i want to start my life again to...i m feeling dissappointed ...i will go and fight in court..all i can do now

What if you send her to India during a vacation and he does not return her? Will Indian law force him to? 

[Ann&James 179]

May be in addition to speaking to her ex-husband OP can also reach out to ex-husband's new spouse. His spouse might be more understanding and try to convince him to sign the papers for child to accompany her mother to the us.

[debbiedoo 2,339]

probably be easier to have your fiance move to india. 

 

just sayin.

 

and trying to take your kid away from her father is a really low thing to do, ESPECIALLY without his permission. it is not fair to EITHER of them.

 

you need to (ummmsomehow) get him to agree and get it in writing from the court. 

 

or have your fiance move there.

[Diane and Chris 651]

2 hours ago, Knome said:

..i know its not right to do anything illegal thats why i tried to explain it all to her father before hand...i know if i will go to court i will win this argument

Well then, go to court!  

[CEE53147 559]

3 hours ago, Knome said:

I am really thankful to all the ppl out here for sharing thr views ...i know its not right to do anything illegal thats why i tried to explain it all to her father before hand...i know if i will go to court i will win this argument...bt i really wanted to avoid all the drama n complexities it will bring and and also its going to affect my daughter...and idk how long time it will b taking ...here judiciary system is not that fast enough...thts why i was trying to find out other options...i really dnt hav any evil intentions in my head and i really was willing to send my daughter to him in evry vacation if he has given agreement...as a mother i hav left with no other options and i cant leave my daughter behind...n like he has already started his new life by getting married...i want to start my life again to...i m feeling dissappointed ...i will go and fight in court..all i can do now

Choose

 

You just want to go to the US.  Your intended spouse could move to India.

Edited July 29, 2018 by CEE53147

[CEE53147 559]

Why should he believe you would follow through on your promise that she would get to spend time with her FATHER?

[Loren Y 2,756]

I have dealt with the legal system in India, not directly per say, but close enough to the situation to know that there is a high level of corruption in the system, and you can get pretty much anything you want for the right dollar amount.  I am not condoning this, but I think if you have full custody because of the child being 4 years old, and you are sure to win, you can expedite the whole legal process so you can have everything done in time. Our judge order was supposed to take 8 to 12 months, it took us 2 months to have everything we needed. This was more a corporate thing than family oriented, but things are more than likely the same. Just my personal experience, and India is a great country to visit ( Love our exchange rate), but I understand why you would want to give your daughter better opportunities here in the US. I would think your ex would see this also, if just for the educational benefits alone.

[Going through 5,671]

6 hours ago, Knome said:

.i know if i will go to court i will win this argument...bt i really wanted to avoid all the drama n complexities it will bring and and also its going to affect my daughter...and idk how long time it will b taking ...here judiciary system is not that fast enough...thts why i was trying to find out other options...

 

Believe me when I tell you that the "drama n complexities" will be FAR more reaching and will end up affecting your daughter (and you) on a whole other level if you don't do this the legal way. 

[JFH 12,191]

10 hours ago, Knome said:

 

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.

 

 

Thats very very strange that a child so young has the say in where she lives. How can a 4-year-old know what she wants for the long-term? You're not asking her what are wants for dinner tomorrow, but which country and wants to spend the rest of her life. Has she been to the USA before? Does she even understand English? Has she met this man yet?

 

 

8 hours ago, Knome said:

.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 

That's your opinion. A better life is completely subjective. You are thinking of material things only. Are you wanting to come here for a better life also? From the child's perspective it is not a better life if she can't understand the language, is taken to live with a man she has never met before, can't see her father or other family members (grandparents or cousins, etc) whenever she wants. But hey, her stepfather had a nice car and a big house so it's a better life, right? 

[JayHouser 209]

8 hours ago, missileman said:

You can not bring a child into the US without proper legal authority........regardless of "what kind of father this is".......this thread concerns a LEGAL question, nothing else.

This is not the point I'm making. I understand the point of the thread. I am referring to all the comments taking jabs at the OP for asking for advice. I thought this was a judgement free zone.

[Diane and Chris 651]

1 hour ago, Going through said:

 

Believe me when I tell you that the "drama n complexities" will be FAR more reaching and will end up affecting your daughter (and you) on a whole other level if you don't do this the legal way. 

I second that. I wonder what OP’s fiancé has to say about all of this?  It could affect him in ways he’s not ready to deal with.

[Knome 245]

21 minutes ago, JayHouser said:

This is not the point I'm making. I understand the point of the thread. I am referring to all the comments taking jabs at the OP for asking for advice. I thought this was a judgement free zone.

Thnks ...tht was the actual point why i posted here to know all viewpoints...ppl r bit aggressive bt thats fine...i m really thnkful to all anyhow..and thnks alot to u for understanding my point of view..:)