When filing K1/K2

[nygatl15]

When you file K1/K2. Is a passport needed for the child when the petition is initially filed?

 

Also, will the child's father need to submit permission for the child to leave the country? In this case, The father has not had contact or been a part of the child's life since divorce over 11 years ago.

[frank1538]

The child will not need a passport at the time you file the I-129F - just include the child in the application, but I would strongly advise the mother to get the child a passport as soon as possible. There was some speculation that a K-2 child under age 14 (or maybe 16) did not need a passport to travel to the US, but I think GUZ wants everyone to have a passport who will be getting a visa. Maybe others with some first hand experience can she some light on this.

 

Custody/permission turns on a few things. If the child is 18 or older at the time of the interview, I don't think the father's permission is required. If the child is under 18 and the divorce decree gives sole custody to the mother, I don't think the father's permission is required. If the mother is in possession of a sole custody decree (sometimes issued by the court after the divorce), I don't think the father's permission is required.

 

Otherwise, an acknowledge by the father is usually needed. GUZ provided some clarification in http://candleforlove.com/forums/index.php?...ndpost&p=169987

[nygatl15]

An update the child is 14. I don't think he has a passport yet.

[LeeFisher3]

An update the child is 14. I don't think he has a passport yet.

194107[/snapback]

Shouldn't be too difficult to get a passport, my wife's sister took our son for his this week.

[jim_julian]

Frank ... a slight clarification ... the K2 does not need to be 18 at the time of the interview in the case where the other parent objects, they just need to be 18 at the time of issuance of the K2 visa.

 

Example: We believe my Ermei will still be 17 when she interviews with Laopo. The visa will probably not be entered until a few weeks later when she turns 18. (Some of you know the birth father, who technically has custody, demanded a 200,000 RMB bribe to agree to emigration.)

 

Source: USCONGUZ reply

[frank1538]

Frank ... a slight clarification ... the K2 does not need to be 18 at the time of the interview in the case where the other parent objects, they just need to be 18 at the time of issuance of the K2 visa.

 

Example:  We believe my Ermei will still be 17 when she interviews with Laopo.  The visa will probably not be entered until a few weeks later when she turns 18.  (Some of you know the birth father, who technically has custody, demanded a 200,000 RMB bribe to agree to emigration.)

 

Source: USCONGUZ reply

194117[/snapback]

Good point. Thanks for clarifying.

[nygatl15]

When you file K1/K2. Is a passport needed for the child when the petition is initially filed?

 

Also, will the child's father need to submit permission for the child to leave the country?  In this case, The father has not had contact or been a part of the child's life since divorce over 11 years ago.

194015[/snapback]

After asking more questions, I understand she is feeling she would be able to get a letter from her Ex. stating thier son can exit the country. Evidently, he doesn't have any contact with the boy. I don't understand that, but I guess it is not my business.