EXACT requirement for bringing under 18 child on K1/K2?

[ljb]

So I've been using this site and Visa Journey to help with 129F that is approved and now being sent to Guangzhou. It's been the difference between me doing it the right way or the wrong way, So thanks to all!

 

My question is because I can't seem to find a definite answer searching everywhere. My fiancée has a letter from the court showing she has full custody of her daughter. Getting a letter from her ex may cause trouble even though he divorced her because they had a daughter and not a son. (The daughter is now 10) So is the court order enough to bring the daughter with the mother to the U.S.?

Edited May 4, 2012 by ljb (see edit history)

[Randy W]

So I've been using this site and Visa Journey to help with 129F that is approved and now being sent to Guangzhou. It's been the difference between me doing it the right way or the wrong way, So thanks to all!

 

My question is because I can't seem to find a definite answer searching everywhere. My fiancée has a letter from the court showing she has full custody of her daughter. Getting a letter from her ex may cause trouble even though he divorced her because they had a daughter and not a son. (The daughter is now 10) So is the court order enough to bring the daughter with the mother to the U.S.?

 

The Visa Officer has the final decision, but the decree should be enough. I'm sure some others can tell you what they had.

Edited May 4, 2012 by Randy W (see edit history)

[Randy W]

Google this for some past threads on the subject

 

site:candleforlove.com decree

 

or (if this works)

 

https://www.google.com/search?q=site%3Acandleforlove.com+decree&ie=utf-8&oe=utf-8&aq=t&rls=org.mozilla:en-US:official&client=firefox-a

[metalox]

Here is the answer to that question from the Guangzhou website FAQ's!

 

17. I don’t understand the concept of domicile.

Please check http://travel.state.gov/visa/immigrants/info/info_3183.html#_Domicile for further information about what constitutes a domicile and how domicile requirements can affect immigrant visa applications.

18. I'm divorced and applying for an immigrant visa. Do I need permission from my ex-spouse to take our child to the United States?

The Consulate generally accepts either a notarized copy of the custody agreement currently in effect, or a notarized statement from the ex-spouse giving the child permission to travel. This requirement can vary, however, according to the circumstances of each case, and is ultimately at the discretion of the adjudicating consular officer.

<a name="B19">19. What is a priority date and where can I find more information about it?

For numerically limited visas, petitions are processed in the order of their priority dates. For family-based visas, the priority date is the date when the petition was filed at the relevant USCIS office. For employment-based visas, the priority date is typically the date the labor certification application was received by the U.S. Department of Labor.

You can find current priority date information here.

 

But, like Randy said, it really depends on the interviewing officer. Here is the link to the FAQ's if you want to read them for yourself. http://guangzhou.usembassy-china.org.cn/iv_faqs.html Good Luck

[david_dawei]

Historically, our experience is the court order is enough. She should bring that to the visa interview.

[tsap seui]

Here is the answer to that question from the Guangzhou website FAQ's!

 

18. I'm divorced and applying for an immigrant visa. Do I need permission from my ex-spouse to take our child to the United States?

The Consulate generally accepts either a notarized copy of the custody agreement currently in effect, or a notarized statement from the ex-spouse giving the child permission to travel. This requirement can vary, however, according to the circumstances of each case, and is ultimately at the discretion of the adjudicating consular officer.

 

But, like Randy said, it really depends on the interviewing officer. Here is the link to the FAQ's if you want to read them for yourself. http://guangzhou.use...cn/iv_faqs.html Good Luck

 

Nice post Metalox.

 

ljb, yes, your divorce and settlement decrees with the child's custody included in it "should" be enough...for any rational and logical person who looked at them. As you can see in the red gibberish spoken out of both sides of their State Department's mouth above, it is a toss up and luck of the draw when your woman walks up to an interview window.

 

I had to laugh at State's answer to that question. It was like a white politician talking to the Indians with his forked tongue....my laugh was a bitter one.

 

A lil' history for ya, well back to late 2006 when I got involved in the State Department's 'chase your tail and hope you pick the correct lucky ducky out of the rotating pond at your interview". In the early years permission from the father wasn't much of an issue at all and the custody decree was usually enough. In 2010 and 2011 the father's permission became an issue....people were getting blue slips for a notorized copy of the father's permission.

 

What's going on in 2012? I honestly don't know. I take many showers each day trying to wash the State Department's grime and stench off my body and get on with my life, but the good news is I haven't seen a single post that said anyone got a blue slip for not having dad's permission documents.

 

If your beautiful woman has no relationship to her ignorant ex then I'd say just cross your fingers and go with what you have to the interview. Chances are it will not be an issue. The worst thing that can happen is they would give her a temporary denial (blue slip) and ask for the permission documents. You can work with that and it's not too long of a State Department induced delay into your bona fide relationship with this woman.

 

My feeling is you will be okay. If, they blue slip you....remember this. it's China, you can get the man's approval if you need it.

 

Good luck, I will keep my fingers crossed for when your woman steps up to the lucky ducky pond draw at what the State Department calls her interview.

 

tsap seui

 

Divorced her because she had a girl instead of a boy.....LOL I'm losing sight of why a Chinese woman even bothers to talk to or acknowledge a Chinese man. Mother nature's draw to procreate must REALLY be a strong pull.....shrug

[ljb]

Thank you all! I missed that FAQ on GZ website because it said "immigrant visa". She has her English translated/notarized divorce decree showing full custody and the English/notarized divorce booklet.

 

What was strange is the letter from Vermont says the paperwork will be sent to the listed consulate. No consulate is listed on the letter. Now I gotta get a phone card here in China to call and make sure it went to Guangzhou. Can't see how it could go anywhere else though.

[dnoblett]

K1/K2 are in essence immigrant visas, they get handled by the immigrant visa unit of consulate, so the immigrant visa section of the consulate website is where you look.