Legal Child Custody

[Favor]

In a situation where a K1 beneficiary with a child doesn't have a legal child custody; the child's name was included in the petition(I-129F) and the beneficiary indicates that the child will "follow to join" at a later date (probably to allow time to deal with legal child custody).

How does this affect the benefiary viz-a-viz their K1 Visa? Put differently, can that be a ground for K1 Visa refusal?

[frank1538]

In addition, assuming proper legal custody or authorization for the K-2 beneficiary to travel, would you describe the procedures for a "follow to join" K-2 in instances where the K-1 beneficiary resides in China but the K-2 beneficiary resides in another country.

[USCONGUZ]

The issue of child custody has been has been discussed at this thread, http://candleforlove.com/forums/index.php?showtopic=13959.

 

If there is a legal impediment for the child leaving the country (custody issues), the Consulate can refuse the child's visa. This would not affect the K1 beneficiary (assuming there are no problems with any other aspect of the case).

 

If the K2 lives in another country, the K1 visa would first have to be approved. Then, arrangements can be made to have the K2 beneficiary interviewed at the US Embassy or Consulate in the K2's country of residence. This sounds like there would be some case specific issues that would need to be discussed. Please contact the IV Unit by email, fax, or letter for further inquiries about a specific case, or contact USCIS.