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Filed: Country: United Kingdom
Timeline
Posted

Hello everybody, I'm having a little difficulty getting an answer to my question from the London embassy, it's like banging my head against a brick wall. So I wondered if anyone here might have a similar experience? basically I have 2 children and we're emigrating to be with my husband in the states. he's a US citizen and we're British. My children have different fathers and neither have been on the scene for a very long time. My sons father isn't even on the birth certificate so i know I don't even need permission from anyone to just travel with him. My daughter is 16 and her father has emigrated to Canada, hasn't seen her since she was 18 months old and I have a letter from CSA stating he last paid maintenance in 2002 and they closed the case in 2005. However I have been told that at interview stage I will need to prove the right to take them out of the country, when I asked London what kind of proof they just said something like a letter from a court. So I contacted my local court and after much to-ing and fro-ing they said they don't know what to tell me. In my son's case, there is no-one to take to court. In my daughter's case it could be a case of going to court to get a court order for residency, which is costly, plus when I divorced custody was automatically given to the mother and the absent parent had to fight for it. It wasn't written down unless they took you to court. That only changed if you divorced after 2002. But I don't know where my ex husband lives, apart from Canada. But they won't just give me a letter, only a court case. So, I went back to the Embassy and they said just wait til we call you for interview and we'll tell you what to bring. However, I feel like this is wasting valuable time. If I have to go to court and find my ex husband after 14 years, I would like to use the next few months doing so, not wait til I get to interview and they turn me down for my visa then start that process. my husband is currently in Afghanistan and I would very much like to get to the states in time for his homecoming and and spend some very valuable time with him. not be stuck here fighting for custody of a child I already have. is anyone going through the process with children and absent fathers? If so, what proof of your right to your child do you have or have you been told to get? Just a little glimmer of help in this matter would be greatly appreciated.

Posted (edited)

From SunDrop in an older UK forum post:

A letter from the non-immigrating parent is required to obtain a dependent's visa. It must state that they permit you to relocate with the child to the United States for permanent residence. It must be notarized.

However others have had circumstances where they couldn't get a statement or didn't end up needing one.

Long thread on this topic http://www.visajourney.com/forums/topic/55801-parental-responsibility-info/

An experience from page 6 or so in above thread that will make you happy. She explained her situation and they gave her an affidavit to sign on the spot. Done! http://www.visajourney.com/forums/topic/55801-parental-responsibility-info/page__view__findpost__p__4100905

Claire and Troy's experienceat the interview. http://www.visajourney.com/forums/topic/250067-between-noa2-and-interview-2010/page__view__findpost__p__3851389

Calling embassy in London rarely gives you good information. Come to the UK forum for help with London issues and somebody will likely be able to help you. UK Forum

Edited by Nich-Nick

England.gifENGLAND ---

K-1 Timeline 4 months, 19 days 03-10-08 VSC to 7-29-08 Interview London

10-05-08 Married

AOS Timeline 5 months, 14 days 10-9-08 to 3-23-09 No interview

Removing Conditions Timeline 5 months, 20 days12-27-10 to 06-10-11 No interview

Citizenship Timeline 3 months, 26 days 12-31-11 Dallas to 4-26-12 Interview Houston

05-16-12 Oath ceremony

The journey from Fiancé to US citizenship:

4 years, 2 months, 6 days

243 pages of forms/documents submitted

No RFEs

Filed: Country: United Kingdom
Timeline
Posted

Thank you so much, this really did help me alot. I have called the London embassy and they basically told me I didn't need anything. Which is the stupidest thing I ever heard!!! I have a few avenue's to go down now so I'm armed at interview and hopefully it won't hold up the process.

  • 3 months later...
Posted

We hit this snag. Father has not seen the kids since they were 2 or younger. They don't even know him. We tracked him down and got him to agree that the kids can be taken out of the country. He agreed, we got it witnessed and notarized. We were told that you may or may not need the form based on the persona who dies the interview, but better safe than sorry, and it is easier to get the form signed now before emigration.

If the parent is uable to be found I'd have them charged with abandonment, maybe a public newspaper notice would suffice, but it seems awfully unfair to the child to be a prisoner of an unfound parent's ignorance for 18 years.

K-1 Journey

03-03-2011 - Mailed I-129F application.

03-06-2011 - Packet received in Texas.

03-23-2011 - NOA1 received in mail, dated 03-09-2011.

05-31-2011 - RFE requested. They want better passport pictures of me.

06-06-2011 - Additional passport pics sent.

06-08-2011 - Evidence received and acknowledged. Whew!

06-16-2011 - NOA2 received!

07-20-2011 - Packet 3 Received!

08-01-2011 - Packet 3 returned to Embassy.

08-22-2011 - Packet 4 Received!

09-19-2011 - Interview...APPROVED!

09-23-2011 - Visa in Hand

09-29-2011 - POE LAX

11-11-2011 - Wedding at 11:11pm GMT time.

AOS Journey

12-02-2011 - Mailed in AOS/EAD/AP paperwork.

12-05-2011 - Delivery confirmation per USPS.

12-27-2011 - (3) NOA I-797C received, dated 12-20-2011. Biometrics appt set.

01-10-2012 - Biometrics.

01-20-2012 - Notified of interview appointment for 2-21-2012.

01-31-2012 - EAD and AP approved.

02-08-2012 - EAD/AP card received.

02-21-2012 - AOS interview approved. EAD/AP card confiscated.

03-01-2012 - Green Card in hand!!!

364 days total time!

 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

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