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Immigration with a child

Immigration with a child

Old Jan 9th 2021, 9:47 pm
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Default Immigration with a child

Hi, so I'm hoping someone can help me with this question. I'm marrying my fiancé in Washington state hopefully next year travel permitting! However I have a child from a previous relationship. The biological father is on the birth certificate however he hasn't been seen or heard from for years. He also wouldn't have the capacity to give permission for me to permanently take our daughter to live in the states so how does one go about this process with a child? Does anyone know what the embassy expect to see document wise when applying for a visa for their child?

Thanks!
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Old Jan 9th 2021, 10:00 pm
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Default Re: Immigration with a child

Originally Posted by HalenaBoyd View Post
Hi, so I'm hoping someone can help me with this question. I'm marrying my fiancé in Washington state hopefully next year travel permitting! However I have a child from a previous relationship. The biological father is on the birth certificate however he hasn't been seen or heard from for years. He also wouldn't have the capacity to give permission for me to permanently take our daughter to live in the states so how does one go about this process with a child? Does anyone know what the embassy expect to see document wise when applying for a visa for their child?

Thanks!
Welcome to BE.

If you are unable to get the father’s permission, you will have to a take the matter to court. You probably need legal advice on how to proceed.
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Old Jan 9th 2021, 10:06 pm
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Default Re: Immigration with a child

Originally Posted by Jerseygirl View Post
Welcome to BE.

If you are unable to get the father’s permission, you will have to a take the matter to court. You probably need legal advice on how to proceed.
Thanks Jerseygirl. Yeah I'm going to need to get legal advice but I guess I was hoping to get more info on what the US embassy actually need document wise? As in do they actually demand paperwork showing I can take my child or is it all hypothetical? I know the father wouldn't take me to court if I had moved to the states so would I need to go through the costly court process?
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Old Jan 9th 2021, 10:11 pm
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Default Re: Immigration with a child

Originally Posted by HalenaBoyd View Post
Thanks Jerseygirl. Yeah I'm going to need to get legal advice but I guess I was hoping to get more info on what the US embassy actually need document wise? As in do they actually demand paperwork showing I can take my child or is it all hypothetical? I know the father wouldn't take me to court if I had moved to the states so would I need to go through the costly court process?
You will need legal document from the father giving his permission or from the court, saying you can remove the child from the UK. I am sure someone will be along who can give you more detailed advice.
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Old Jan 9th 2021, 10:18 pm
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Default Re: Immigration with a child

Originally Posted by Jerseygirl View Post
You will need legal document from the father giving his permission or from the court, saying you can remove the child from the UK. I am sure someone will be along who can give you more detailed advice.
Thank you Jerseygirl for replying! I've been researching online for months about this to no evail! Online it always talks about child abduction etc but it never mentions what the US embassy actually require. There was a history of domestic violence so I would never be able to get permission from him. In the UK you can't get soul custody even if the father is no where to be found or mentally incapacitated, if they're on the birth certificate they have shared parental responsibility! Even if they never contribute! I hope someone who has migrated with a child can help soon! Thanks
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Old Jan 9th 2021, 10:22 pm
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Default Re: Immigration with a child

Originally Posted by HalenaBoyd View Post
Thank you Jerseygirl for replying! I've been researching online for months about this to no evail! Online it always talks about child abduction etc but it never mentions what the US embassy actually require. There was a history of domestic violence so I would never be able to get permission from him. In the UK you can't get soul custody even if the father is no where to be found or mentally incapacitated, if they're on the birth certificate they have shared parental responsibility! Even if they never contribute! I hope someone who has migrated with a child can help soon! Thanks
Do you have proof of domestic violence...medical reports, photos etc? You need to prove that you have permission to the UK authorities, before you leave UK soil. If not you could be in legal trouble for child abduction, the child could be taken from you and returned to the UK. I would think the US Imm, officer will want similar proof.

Last edited by Jerseygirl; Jan 9th 2021 at 10:28 pm.
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Old Jan 9th 2021, 10:27 pm
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Default Re: Immigration with a child

Originally Posted by Jerseygirl View Post
Do you have proof of domestic violence...medical reports, photos etc?
Yes I have a restraining order which has probably expired but I have paperwork going back to 2010-2011 of his conviction due to harrasment and attempting to break into my property. He went to jail for a month as a result and social services visited to check we were safe. I do have paperwork and if I took this to court I would probably get a child arrangement order showing my daughter lives with me etc but when it comes to migrating without biological father's written consent I come to a dead-end
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Old Jan 9th 2021, 10:29 pm
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Default Re: Immigration with a child

Originally Posted by HalenaBoyd View Post
Yes I have a restraining order which has probably expired but I have paperwork going back to 2010-2011 of his conviction due to harrasment and attempting to break into my property. He went to jail for a month as a result and social services visited to check we were safe. I do have paperwork and if I took this to court I would probably get a child arrangement order showing my daughter lives with me etc but when it comes to migrating without biological father's written consent I come to a dead-end
Have you sought legal advice? IMO that should be your next step.
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Old Jan 9th 2021, 10:32 pm
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Default Re: Immigration with a child

Originally Posted by Jerseygirl View Post
Have you sought legal advice? IMO that should be your next step.
I did speak with a solicitor but he couldn't comment on the immigration element he only told me it will cost me around £3k to go to court and get a child arrangement order. Which doesn't permit me to take the child but would help when the time came.
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Old Jan 9th 2021, 10:38 pm
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Default Re: Immigration with a child

Originally Posted by HalenaBoyd View Post
I did speak with a solicitor but he couldn't comment on the immigration element he only told me it will cost me around £3k to go to court and get a child arrangement order. Which doesn't permit me to take the child but would help when the time came.

OK thanks. Someone who knows better than I will probably be along to help you. If you are saying there is no way you can get permission from the father or the UK courts for the child to leave the UK, I don’t see how you can proceed further.
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Old Jan 9th 2021, 10:41 pm
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Default Re: Immigration with a child

Originally Posted by Jerseygirl View Post
OK thanks. Someone who knows better than I will probably be along to help you. If you are saying there is no way you can get permission from the father or the UK courts for the child to leave the UK, I don’t see how you can proceed further.
I probably could get the courts permission however I was hoping to avoid the costs and find out what was required of me. I would love to hear from someone with my predicament but it appears my case it quite unique!
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Old Jan 9th 2021, 10:43 pm
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Default Re: Immigration with a child

Originally Posted by HalenaBoyd View Post
I probably could get the courts permission however I was hoping to avoid the costs and find out what was required of me. I would love to hear from someone with my predicament but it appears my case it quite unique!
You will definitely need a legal document from the father or court, giving permission for your daughter to be removed from the UK. AFAIK you cannot get around this. If you do, I mentioned the consequences in a previous post.
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Old Jan 9th 2021, 10:45 pm
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Default Re: Immigration with a child

Originally Posted by Jerseygirl View Post
You will definitely need a legal document from the father or court, giving permission for your daughter to be removed from the UK. AFAIK you cannot get around this. If you do, I mentioned the consequences in a previous post.
Okay thanks for letting me know. I will get some legal advice for sure! Appreciate your help :-)
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Old Jan 9th 2021, 10:59 pm
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Default Re: Immigration with a child

Originally Posted by HalenaBoyd View Post
Okay thanks for letting me know. I will get some legal advice for sure! Appreciate your help :-)
Come back to this thread tomorrow...there may be further advice or someone who has been down a similar path.
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Old Jan 10th 2021, 12:01 am
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Default Re: Immigration with a child

Hi Halena,

I moved your thread into the marriage-based forum, where perhaps more people with children have immigrated. You can also try searching on this forum for the topic.

I haven't looked, but does the US Embassy London website (Immigrant Visa section) specify what documents might be needed? How about the immigrant visa application instructions?

If you can't get the father's permission, I know you will need a court order, but I have no idea what the name of such document is. You'll probably need to get a lawyer involved.

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