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What would concern me, if I were in your shoes is this. You and your fiance were unprepared for the custody issue. If you have other ommissions, documentation missing or preparation issue, they too will stand on their own merits.

 

If you're confident you are otherwise prepared then I would go in with a positive attitude and hope the VO does not ask for proof of custody.

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Thanks. I got everything I need except for proof of legal custody of my children. My fiance has visited 3 times, I got enough to prove that we have an on going relationship.

The only "but" is child custody which I did't pay attention to until I became a member on this site a couple of days ago. And the embassy is aware that my children are not with me.

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Guest pushbrk

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What would concern me, if I were in your shoes is this. You and your fiance were unprepared for the custody issue. If you have other ommissions, documentation missing or preparation issue, they too will stand on their own merits.

 

If you're confident you are otherwise prepared then I would go in with a positive attitude and hope the VO does not ask for proof of custody.

215986[/snapback]

Thanks. I got everything I need except for proof of legal custody of my children. My fiance has visited 3 times, I got enough to prove that we have an on going relationship.

The only "but" is child custody which I did't pay attention to until I became a member on this site a couple of days ago. And the embassy is aware that my children are not with me.

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Please do report back on how they deal with the issue of children residing in another Country and not present for the interview.

 

I'm very curious just how they would get a visa in their passports without their passports being at the consulate that approved the visas. Assuming the children AND their passports are absent, there must be a way to handle it. Maybe they send the paperwork to the children's resident country where the passports are eventually presented at a Consulate there to obtain the actual visa. If the children ARE blue slipped, where is the overcome information (custody papers you later obtain) presented?

 

If needed, these are questions you can ask at Window #30 before you leave the interview room at the Guangzhou Consulate.

Edited by pushbrk (see edit history)
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As Pushbrk says, you are not very clear about the facts.

 

What country are you from? Are you a legal resident or citizen of China.

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I'm a legal residence in China. I got 3 years residency. And I got all the necessary documents I need for my interview including a Police Certificate. I just wanted to know the effect custody issues have on my KI Visa interview.

I'm silent about my country because I'm aware of the fact that this site is for wifes and fiance/fiancee(Chinese) of American citizens.

Thanks.

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The K-2 visa will require confirmation that you have permission for the Children to come to the US with you either by custody or writen permission from your ex.

 

Since they are living in another country their visa interview will more than likely be there, unless you have the ability to get them to China for an interview. You may wish to discuss this with the VO at your interview so they can help forward the paperwork to the proper place.

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The children may follow to join up to one year after the interview. My understanding is that the consulate will leave this as an open issue, and that you will have to prove custody and bring them in for an interview (up to one year later). This has no effect on your application, since the issue is left open even if you say that no they will not follow to join.

 

If they are scheduled for an interview, however, it might be best to inform the consulate in advance that they will not attend.

 

I don't think the follow to join will work from another country, but I hope something works out for you.

Edited by Randy W (see edit history)
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The children may follow to join up to one year after the interview. My understanding is that the consulate will leave this as an open issue, and that you will have to prove custody and bring them in for an interview (up to one year later). This has no effect on your application, since the issue is left open even if you say that no they will not follow to join.

 

If they are scheduled for an interview, however, it might be best to inform the consulate in advance that they will not attend.

 

I don't think the follow to join will work from another country, but I hope something works out for you.

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Many thanks to you all.

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