Supporting docs for L2 visa for children

[horiba 0]

I’m waiting for my original documents to send over to make an appointment for L1-A visa. I will register my two kids as L2 visa. However my divorce decree ruled that my wife has the custody for one of my daughter. Do I have to obtain her consent to allow that daughter to move with me? She’s been going through difficult time after divorce and I’m afraid she would cause trouble for me if I asked for her consent. I’ve been struggling with the option asking her or checking from legal requirements whether I need that consent?

[Vickys_Mom 225]

Your ex-wife has legal custody and you plan to move *her* child out of the country.

 

Yes, you need your ex-wife's consent to do this.  Don't muck up your visa paperwork with a parental kidnapping charge.

 

The embassy *should* ask for a copy of your divorce decree, and they *should* confirm who has custody of any child you're listing for visas.  They might not.  It might not ever come up.  But if it does, it becomes bad.

 

You either have a civil conversation with her and convince her the child will have a better life with you in the U.S., or you go to court and have the custody reassigned.

 

Regards,

Vicky's Mom

[horiba 0]

1 minute ago, Vickys_Mom said:

Your ex-wife has legal custody and you plan to move *her* child out of the country.

 

Yes, you need your ex-wife's consent to do this.  Don't muck up your visa paperwork with a parental kidnapping charge.

 

The embassy *should* ask for a copy of your divorce decree, and they *should* confirm who has custody of any child you're listing for visas.  They might not.  It might not ever come up.  But if it does, it becomes bad.

 

You either have a civil conversation with her and convince her the child will have a better life with you in the U.S., or you go to court and have the custody reassigned.

 

Regards,

Vicky's Mom

Thanks a lot Vicky's Mom.

 

That's what I'm worried. However dealing with her now is really frustrating. I even could imagine only 1% success rate that she would agree.  

[Boiler 45,451]

It would be unusual for a Court to allow a child out of their jurisdiction if one Parent objects, especially a mother, even more so a Mother with custody.

 

Anyway something you need to discuss with your Family Lawyer