LETTER OF CONSENT

[flea89 31]

hello all. I am going through the k1 process for my fiance in vietnam. her 6 yr old daughter will be coming here as well.

 

my question is will we need a letter of consent from the girl's father? he won't help us if we do. my fiance insists that her divorce decree will be enough.

 

the divorce decree does state that she has sole custody, however i have a feeling that will not be enough . any advice is appreciated . hope to hear from you.

[Going through 5,671]

Presumably the father has visitation rights mentioned in the order even though the mother has sole custody?  If so, she will probably need a consent letter from the father as moving the child out of the country obviously impacts his visitation.

 

Some countries, sole custody is enough---others, not so.  I would have your fiance contact the embassy/consulate in Vietnam and ask what (if anything) is required from the father for the child to move permanently to the USA...alternatively she can ask a lawyer in her home country as well.

[JasonGG 280]

I don't recall a consent letter being requested at the consulate.  We included among sll the other paperwork, so I don't know if they copied it.  Korean Airlines did require it (with birth certificate) before issuing boarding passes in HCM City.  - Jason 

[flea89 31]

3 minutes ago, JasonGG said:

I don't recall a consent letter being requested at the consulate.  We included among sll the other paperwork, so I don't know if they copied it.  Korean Airlines did require it (with birth certificate) before issuing boarding passes in HCM City.  - Jason 

ahh i've read somewhere else that japan ANA did require it and was hoping korea didn't. thanks for your reply. do you think if the father (who is currently in jail btw) is unwilling we could request something from the court?

[JasonGG 280]

2 hours ago, flea89 said:

ahh i've read somewhere else that japan ANA did require it and was hoping korea didn't. thanks for your reply. do you think if the father (who is currently in jail btw) is unwilling we could request something from the court?

I am really uncertain.  Obviously, the best option would be to get the jailed father to sign a letter that can be notarized.  I understand that your fiance doesn't want any contact,  but maybe a 3rd party could contact him.  Perhaps he needs something to make his time in jail more comfortable in exchange for the letter?

 

Otherwise, you probably need to speak to an attorney who can review the court order your fiance has and advise on her options. - Jason

Edited November 11, 2019 by JasonGG

[flea89 31]

1 hour ago, JasonGG said:

I am really uncertain.  Obviously, the best option would be to get the jailed father to sign a letter that can be notarized.  I understand that your fiance doesn't want any contact,  but maybe a 3rd party could contact him.  Perhaps he needs something to make his time in jail more comfortable in exchange for the letter?

 

Otherwise, you probably need to speak to an attorney who can review the court order your fiance has and advise on her options. - Jason

thnx for the advice. i will talk to her. i want to do this the right way

[WandY 430]

Fly American or United, maybe they won't ask - price is very similar to ANA and others. My VN wife says that the ex-husband probably doesn't have any custody. There might not be any custody paperwork. In any case, you can ask the airlines what they need and go accordingly. As long as the child has a passport and visa, you might not have any issues.

[flea89 31]

16 minutes ago, WandY said:

Fly American or United, maybe they won't ask - price is very similar to ANA and others. My VN wife says that the ex-husband probably doesn't have any custody. There might not be any custody paperwork. In any case, you can ask the airlines what they need and go accordingly. As long as the child has a passport and visa, you might not have any issues.

thnx for your reply. You are correct as the ex husband does not have custody. She does have an official divorce decree that states that my fiance has direct custody of her daughter with no monthly support required. However there is a statement on the decree that has me worried:

 

"Both parties have the right to visit and take care of the mutual child, no one is allowed to prevent them from this right." 

Edited November 12, 2019 by flea89

[SmallTownPA 72]

12 hours ago, flea89 said:

thnx for your reply. You are correct as the ex husband does not have custody. She does have an official divorce decree that states that my fiance has direct custody of her daughter with no monthly support required. However there is a statement on the decree that has me worried:

 

"Both parties have the right to visit and take care of the mutual child, no one is allowed to prevent them from this right." 

 

My fiance has a son, and the quote you posted is from the Vietnamese divorce laws.. its basically standard boilerplate.  The consulate is not concerned about the parents rights.  They are there to adjudicate a visa application.

 

USCIS and DoS don't care if you have a travel letter, they do not enforce travel rules, airlines do (or are supposed to).  I've traveled all over Asia and not once have I ever seen a single parent get asked about their kid.  This includes Chinese, Hong Kong, Japanese, US and Canadian airlines.

 

For a K2, on the I-129F you just add the kids name.  The only additional documentation you need is at the interview is the kid needs a passport and birth certificate.

 

What you want is a notorized travel authorization letter.  Google the format, they are pretty basic.  Its really just theater.  If you show up at a Chinese/US airline with a letter in Vietnamese, do you think they are gonna care??

 

 

Edited November 13, 2019 by SmallTownPA

[USS_Voyager 1,972]

I think what it's really about is if someone really has a claim, there is a basic to stop people and start asking for travel authorization. I've traveled all over Asia as well, some of the times with my 3 years old but no one ever asked me anything.