K-1 (Dependents-- custody)

[meaganissillay 0]

What level of custody is required to include my fiance's 6 year old daughter on our K-1 visa application? When I research this subject, some sources say that full custody is necessary and other sources say that her mother will just need to give us permission (without granting full custody) to take her to the US. I would assume full custody would be needed considering her life would now be here, in the US.

 

Can anyone give me a solid answer? Does the United States have a flat rule across the board (for example, he must have full custody), or will it depend on their native country's custody laws?

Edited August 27, 2018 by meaganissillay

[Amadia 711]

When it comes to custody surrounding kids who are being applied for during immigration processes, the laws of the applicant's country would take precedence over the USA. So your fiance's country's laws would take effect regarding custody. As long as the kids' biological mother is alive, he would need to have paperwork showing that the kid's biological mother gave permission for him to migrate with his daughter. If the bio mom is deceased, he must also show proof of death (death certificate).

If he has no proof that he got permission to migrate with his kid, and the bio mom decides to be nasty, she can claim that he kidnapped the kid....that is one crime that can get him deported and no one wants to be accused of that for failing to go the proper route regarding custody.

[meaganissillay 0]

21 minutes ago, Amadia said:

When it comes to custody surrounding kids who are being applied for during immigration processes, the laws of the applicant's country would take precedence over the USA. So your fiance's country's laws would take effect regarding custody. As long as the kids' biological mother is alive, he would need to have paperwork showing that the kid's biological mother gave permission for him to migrate with his daughter. If the bio mom is deceased, he must also show proof of death (death certificate).

If he has no proof that he got permission to migrate with his kid, and the bio mom decides to be nasty, she can claim that he kidnapped the kid....that is one crime that can get him deported and no one wants to be accused of that for failing to go the proper route regarding custody.

Well, in Nicaragua, a parent can grant signed permission for the other parent or a guardian to travel outside of Nicaragua to another country with the child, however I assumed that for taking his daughter and actually living there, we would need more than just the basic travel permission.

 

So, to confirm, if full custody of a child is not required in Nicaragua to take a child abroad and all we need is a legal document verifying we have permission to travel with the minor, this would be the requirement for including her as a dependent for the K1 visa application? It seems too easy.

Edited August 27, 2018 by meaganissillay

[tamcloud 92]

I believe the documentation would have to specify that the mother is giving permission for the child's emigration, not just travel; the latter would imply permission for the child to visit the U.S., rather than live here.  

Edited August 27, 2018 by tamcloud

[meaganissillay 0]

This makes sense.. I am just wondering how it works if her mother consents and then a year down the road changes her mind and decides she wants her daughter back in Nicaragua.. that's why I assumed we would have to have a more sturdy agreement in place.

[Ontarkie 14,234]

He needs custody and permission to move the child. It can be joint or sole or however custody is granted there. For example for Canada Sole custody or joint custody are not like in the US. They are basically the same in Canada just that the child spends equal time with both parents. In some countries sole custody means the other parents has no rights to the child. No visits no child support and no permission needed from the other parent. 

 

If later he decides he wants to gain USC and the child is under 18 she would be granted it also. But only IF she is in his legal and physical custody. 

 

Most of the time the parent already has custody and only needs permission. Once again this is something that you need to look into for that country. 

 

 

 

 

Edited August 27, 2018 by Ontarkie

[meaganissillay 0]

So joint custody, which they have in place now, would be okay. His daughter is still eligible to be included on the application as a dependant.

 

Do you know of a case where the parent in a foreign country changes their mind and requests for the child to move back?? Right now things are fine and mom is on board with us bringing her, but unfortunately we can't say that later on she won't try to change something.. so before we even apply for the K1 we want to figure out exactly what us required for us to have her with us.

[Ontarkie 14,234]

I do remember one couple having similar issues. I don't remember they ever posted more other then the mother wanted the son back. I don't think anything ever came of it other then her demanding it. 

 The thing is any disputes with the other parent will always be dealt with in the child's birth country's courts system.

 

 

 My lawyer had concerns of this. So she took my consent letter to the judge and had it made into a court order. (My ex was not a good person and liked to play games) So I had a court order to take my kids and if he had a change of mind he would have to take me to court. 

 

So my personal opinion (remember I don't know the laws there) would be get their custody order adjusted to him having primary custody and that he has permission to move the child to the US permanently. 

[Amadia 711]

1 hour ago, meaganissillay said:

So, to confirm, if full custody of a child is not required in Nicaragua to take a child abroad and all we need is a legal document verifying we have permission to travel with the minor, this would be the requirement for including her as a dependent for the K1 visa application? It seems too easy.

Permission to TRAVEL and permission to move/live permanently in another country are two different things. The legal game is not one to play with especially when it involves children of separated parents.

Every country will have their own laws regarding this.