shona66

Ok well i've just received packet 3 and as I have children whom I intend to take with me I need to complete a checklist of documentation for them. Number 13 asks for a court decree from a previous marriage. Despite a ten year relationship we were never actually married. Therefore we never divorced and there was no custody decree. Just wondered if anyone else had been in this situation or if anyone can give me some advice. I'm starting to panic!!!!!!!!!!!!!!!

I know I'll need permission but I can't have this from the children's father until he meets my fiance in the middle of June as he teaches. He will be getting a letter, which I am paying for on May 20th but wont give it to me. Our wedding is supposed to be August 7th. Without this letter I cant send off the checklist to the Embassy which will delay my interview by over a month.


The children's father knew that I wanted to get married and go to the US last Christmas. He knew Jeff was her for Christmas but didnt ask to meet him then. I've given Jeff's phone number and e-mail address websites of Niles , Michigan etc. I dont know what else I can do.


Thanks


Shona

silent-whispers

Question 13 reads that if a court has previously restricted your custody of these children, then you should present proof that you have been awarded custody by the court for the children and that they may be taken out of the country.

So, if there was never a court case where YOU were never restricted access, this will not apply to you I'm sure.

If it never went to court about access and you have always had full access ~ you just need the fathers permission.



Hope this helps.

shona66

Yes I think you are right but I still can't send off the forms can I ?




Shona

silent-whispers

If you're certain he will give you the letter granting permission then you should be fine to send off the forms ~ just check all the boxes and put n/a by the ones that don't apply to you? ~ your interview date will probably be June time ~ so will be after May 20th..

**Just noticed you said middle of June ~ you could explain you need the interview after this date and all should be fine.

If you have problems obtaining the letter the only alternative is to find a solicitor and take it to court ~ could take time and means your interview would have to be delayed.

Good Luck!

Margaret

Hi

I was in the same situation as what you find yourself in.

I was never married to my son's father. We never had anything in
writing as far as custody or child support payments. He was a decent
man, he would visit his son regularly and we agreed upon a set amount
of child support which he paid before the 1st of every month. I never
ever had problems with him.


I went to a lawyer where he drew up a two page document. Stated all
of our names of course, mentioned we were never married. It stated
that I had full custody of my son, that my son's father was giving
permission for his son to immigrate to the U.S.

At the bottom it had both of our signatures plus the signatures of his
lawyer and my lawyer, then stamped and sealed. I presented this to
the Consulate in Montreal and was never questioned on it.

I think it cost me about $130 CAD for the lawyer to draw it up.

I was able to get my son's passport just by having his father appear
at the passport office with me.

shona66 <member19605@british_expats.com> wrote in message news:<[email protected]>...
    > Ok well i've just received packet 3 and as I have children whom I intend
    > to take with me I need to complete a checklist of documentation for
    > them. Number 13 asks for a court decree from a previous marriage.
    > Despite a ten year relationship we were never actually married.
    > Therefore we never divorced and there was no custody decree. Just
    > wondered if anyone else had been in this situation or if anyone can give
    > me some advice. I'm starting to panic!!!!!!!!!!!!!!!
    >
    > I know I'll need
    > permission but I can't have this from the children's father until he
    > meets my fiance in the middle of June as he teaches. He will be getting
    > a letter, which I am paying for on May 20th but wont give it to me. Our
    > wedding is supposed to be August 7th. Without this letter I cant send
    > off the checklist to the Embassy which will delay my interview by over a
    > month.
    >
    >
    > The children's father knew that I wanted to get married and go
    > to the US last Christmas. He knew Jeff was her for Christmas but didnt
    > ask to meet him then. I've given Jeff's phone number and e-mail address
    > websites of Niles , Michigan etc. I dont know what else I can do.
    >
    >
    >
    > Thanks
    >
    >
    > Shona

Margaret

Shona

Sorry I didn't answer your original question.

You should be able to send everything off ok. You were never married,
therefore no divorce decree.

The only part where you need to be concerned is if the father of your
children backs off and states he doesn't want his kids immigrating.
It's at the interview that you have to show that the father is giving
permission for his children to immigrate. That was where I presented
my letter that a lawyer had written up and they were ok with it at the
Consulate in Montreal. The worse scenario as one poster stated is
that you would have to take him to court.


shona66 <member19605@british_expats.com> wrote in message news:<[email protected]>...
    > Ok well i've just received packet 3 and as I have children whom I intend
    > to take with me I need to complete a checklist of documentation for
    > them. Number 13 asks for a court decree from a previous marriage.
    > Despite a ten year relationship we were never actually married.
    > Therefore we never divorced and there was no custody decree. Just
    > wondered if anyone else had been in this situation or if anyone can give
    > me some advice. I'm starting to panic!!!!!!!!!!!!!!!
    >
    > I know I'll need
    > permission but I can't have this from the children's father until he
    > meets my fiance in the middle of June as he teaches. He will be getting
    > a letter, which I am paying for on May 20th but wont give it to me. Our
    > wedding is supposed to be August 7th. Without this letter I cant send
    > off the checklist to the Embassy which will delay my interview by over a
    > month.
    >
    >
    > The children's father knew that I wanted to get married and go
    > to the US last Christmas. He knew Jeff was her for Christmas but didnt
    > ask to meet him then. I've given Jeff's phone number and e-mail address
    > websites of Niles , Michigan etc. I dont know what else I can do.
    >
    >
    >
    > Thanks
    >
    >
    > Shona

shona66

Thanks Margaret, That was a great help. Am I right in thinking you didn't tick the box and just put N/A next to the custody decree part ? Did you have the permission letter before you sent the forms back ? I'm just curious too-did your ex partner insist one meeting your fiance before he would give permission ? Sorry for asking so many questions. It's just that I'm so stressed about it. I have already given in my notice at work as I need to give at least 6 weeks notice . If I hadnt resigned I would be obligated to stay until Christmas (I'm a teacher).

Anyway thanks again


Shona

jeffreyhy

shona,

You might want to check with a UK attorney practising family law to find out what a father's rights are in your situation? Then you can be prepared to give the consulate whatever might be appropriate, if anything at all, to demonstrate that issuing the K2 visa does not violate those rights?

Regards, JEff