Need Immediate help please

[Deletedacct 3]

Hello everyone, 

My fiance and her son have K1 and K2 visa which will expire July 19 , she is having problems getting signature from her son's father for permission to being her son to USA . 

 

We have a couple questions 

Is it possible to get an extension for their visas and I can send her proof that her son will have better life here ( best schools, his room decorated, etc. ) that way she can show a judge that and they can make the father sign the permission .

 

Or if she entered before July 19 without her son, and we get married but she only stays 2 weeks to collect evidence of better life, if she returns to Peru I know we will have to start Visa over and as married couple but will it be easier or harder since she had a Visa before as fiance?

[Ontarkie 14,234]

How did her son get a K2 visa without permission to leave? They don't normally give that without the other parent's consent unless it is the country's laws that the mother has sole custody to begin with. 

[Ben&Zian 4,398]

There are cases of getting the K-1 extended, not often, but has happened, main thing will be about having a valid medical still... also it has to be under good circumstances, so the embassy might not view this as their issue and not want to extend it... If you absolutely need this information to get a signature from the father, I'd do it now and rush and just be done with it instead of trying to get her to enter, marry, and return.. Mean that just seems like a lot.

 

She could always enter on the K-1, marry, then you file for AOS and ask for an AP expedite so she could return home, but that could still takes months, but whathappens with the K-2 then I don't know or how she would bring him here later.

Edited June 14, 2019 by Ben&Zian

[arken 4,197]

17 minutes ago, FiorellaYMalachi said:

Hello everyone, 

My fiance and her son have K1 and K2 visa which will expire July 19 , she is having problems getting signature from her son's father for permission to being her son to USA . 

 

We have a couple questions 

Is it possible to get an extension for their visas and I can send her proof that her son will have better life here ( best schools, his room decorated, etc. ) that way she can show a judge that and they can make the father sign the permission .

Highly unlikely....

 

 

17 minutes ago, FiorellaYMalachi said:

Or if she entered before July 19 without her son, and we get married but she only stays 2 weeks to collect evidence of better life, if she returns to Peru I know we will have to start Visa over and as married couple but will it be easier or harder since she had a Visa before as fiance?

May be the better option in the given timeframe. Pursue CR1 thereafter. Not sure if collecting evidences of better life is realistic or enforceable by the judge though.

[Just Paul 4,595]

OP,

35 minutes ago, FiorellaYMalachi said:

Or if she entered before July 19 without her son, and we get married but she only stays 2 weeks

There is no way that will realistically occur.  You will have to file the AOS packets with a marriage certificate and await the NOA before you can even ask for an expedite. 2 Weeks doubtful, 2 months still pretty doubtful.

 

How did she get the K2 without the father's permission to start with?

[Georgia16 2,858]

If the sons father don’t want to give permission for him to leave why didn’t you wait to have the interview till that was in place? 

 

Doubt a a judge will give permission just because you can give him a decorated home. 

 

How old is the boy? And what is the reason that the father don’t want to give permission? 

[Deletedacct 3]

57 minutes ago, Ontarkie said:

How did her son get a K2 visa without permission to leave? They don't normally give that without the other parent's consent unless it is the country's laws that the mother has sole custody to begin with. 

Well they were never married, and I am not completely sure about Peru's custody laws. But if he was able to get K2 visa, does that mean we need signature for him to come or can she just bring him along and the father can't do anything? 

 

Just Fyi even though he doesn't have custody, the son has his last name on birth certificate 

[Deletedacct 3]

52 minutes ago, Ben&Zian said:

There are cases of getting the K-1 extended, not often, but has happened, main thing will be about having a valid medical still... also it has to be under good circumstances, so the embassy might not view this as their issue and not want to extend it... If you absolutely need this information to get a signature from the father, I'd do it now and rush and just be done with it instead of trying to get her to enter, marry, and return.. Mean that just seems like a lot.

 

She could always enter on the K-1, marry, then you file for AOS and ask for an AP expedite so she could return home, but that could still takes months, but whathappens with the K-2 then I don't know or how she would bring him here later.

Thanks for your reply, and we are not completely sure if this evidence would encourage him to sign or not and even then to get a judge involved would be later than July 19th from what she tells me. 

 

We just don't want her to leave her son behind for months, she barely can do a couple weeks but to get evidence she could use later to a judge might help him signing in the future. 

 

How long do AP expedites normally take?

[Deletedacct 3]

54 minutes ago, arken said:

Highly unlikely....

 

 

May be the better option in the given timeframe. Pursue CR1 thereafter. Not sure if collecting evidences of better life is realistic or enforceable by the judge though.

Thanks for both of your replies, atleast with CR1 she will be my wife and can have some benefits of that

[Deletedacct 3]

39 minutes ago, Paul & Mary said:

OP,

There is no way that will realistically occur.  You will have to file the AOS packets with a marriage certificate and await the NOA before you can even ask for an expedite. 2 Weeks doubtful, 2 months still pretty doubtful.

 

How did she get the K2 without the father's permission to start with?

So with the timeframe you mention she wouldn't be able to handle away from 3 year old son and would look bad for our case of trying to bring him if she left him that long for an expedite.

 

I guess I have no idea how we got the K2 without the father's permission. 

 

He thinks she is trying to come here just to work, he has no idea about me 

[Deletedacct 3]

41 minutes ago, Georgia16 said:

If the sons father don’t want to give permission for him to leave why didn’t you wait to have the interview till that was in place? 

 

Doubt a a judge will give permission just because you can give him a decorated home. 

 

How old is the boy? And what is the reason that the father don’t want to give permission? 

Well it took over 1 year and half from submission to interview 

 

And the son is 3 years old and his father works 30 days away at a time and then 2 weeks at home but he is just giving her hell even though she told him the son could visit for all vacations he want ( I have flight benefits) and sometimes during summer breaks . He just doesn't want her to leave 

[Ontarkie 14,234]

43 minutes ago, FiorellaYMalachi said:

Well they were never married, and I am not completely sure about Peru's custody laws. But if he was able to get K2 visa, does that mean we need signature for him to come or can she just bring him along and the father can't do anything? 

 

Just Fyi even though he doesn't have custody, the son has his last name on birth certificate 

I would never say take the child without his consent without knowing the laws there. You should ask in the Regional forum about custody laws there. Does she have anything stating she has sole custody any type of court order? 

The US never wants to get involved in international custody laws so there must be something there that gives her sole custody or they would not have issued the K2. 

 

 

I'm going to move this thread so you can get answers from members that may have experienced with custody in Peru. 

It would not hurt for her to call a family law attorney there to see if she needs his consent or not. 

 

 

~~Moved to the Regional Forum, from K1 Progress Reports - As the OP's questions is parental consent for a K2~~

[Deletedacct 3]

59 minutes ago, Ontarkie said:

I would never say take the child without his consent without knowing the laws there. You should ask in the Regional forum about custody laws there. Does she have anything stating she has sole custody any type of court order? 

The US never wants to get involved in international custody laws so there must be something there that gives her sole custody or they would not have issued the K2. 

 

 

I'm going to move this thread so you can get answers from members that may have experienced with custody in Peru. 

It would not hurt for her to call a family law attorney there to see if she needs his consent or not. 

 

 

~~Moved to the Regional Forum, from K1 Progress Reports - As the OP's questions is parental consent for a K2~~

Thank you, so you think if they issued K2 then she probably has sole custody . Because she has traveled internationally with child before but they asked for permission for child, but maybe that is just custom and they ask everyone going through. I hope someone knows the Peru custody laws here. In the meantime I will have her contact family law lawyer.

 

Thank you very much 

[Georgia16 2,858]

1 hour ago, FiorellaYMalachi said:

Well it took over 1 year and half from submission to interview 

 

And the son is 3 years old and his father works 30 days away at a time and then 2 weeks at home but he is just giving her hell even though she told him the son could visit for all vacations he want ( I have flight benefits) and sometimes during summer breaks . He just doesn't want her to leave 

I also think you try and contact a lawyer down there to make sure you don’t do anything against the law. 

 

[Pitaya 2,577]

1 hour ago, Ontarkie said:

I would never say take the child without his consent without knowing the laws there. You should ask in the Regional forum about custody laws there. Does she have anything stating she has sole custody any type of court order? 

The US never wants to get involved in international custody laws so there must be something there that gives her sole custody or they would not have issued the K2. 

 

 

I'm going to move this thread so you can get answers from members that may have experienced with custody in Peru. 

It would not hurt for her to call a family law attorney there to see if she needs his consent or not. 

 

 

 

 

Agree, the last thing the US government would want to do is be a party in an international child custody battle. It seems odd that the interviewing embassy/consulate would just issue a K2 visa on a hope and a prayer.

 

There seems to be a piece of the custody battle that wasn't disclosed to the interviewing embassy/consulate, or isn't being disclosed to us.