spraggy0558

I have just had the immigration office in town review my I-129F before I send it off in the mail and they said I needed to have documentation of proof that my fiancee (Spraggy) has sole custody of his children. My fiancee has had sole custody of the children for the past 10 years but they don't have anything in writing. Is there something particular we need to provide, or will a written statement signed by both parents and put together by an attorney suffice?

The first time I went to the immigration office, they said this wasnt required until the K1 interview, now they are telling me I need it. Any help or experience would be appreciated.

Thanks (Michelle/Spraggy's Fiancee)

meauxna

They'll need it for the visa interview; you'll need to get something formalized.
For the petition, not required.

How old are the children?

spraggy0558

Children are 16 and 14

spraggy0558

Meauxna

Thanx once again for all yr help sorting out a very grey area. Getting something formalized already and at long last our I-129F can get sent and registered I already feel this is gonna be a great day!!

Spraggy

spraggy0558

Hate to be a pest peeps but does Michelle need to file I-134 Affidavit of support with our I-129F? Just read this on visajourney.com and I'm confused

Please help cos I need it help that is!!

Spraggy

Noorah101

No. The I-134 is not due until you attend the visa interview.

Rene

jeepgirluk

Hello Spraggy,

I am in the process of going through Leave to Remove for my 2 year old son. His father initially granted permission but then when it came time to agree a Consent Order with my lawyer he stalled for months. Last November I had to submit an application to the Family Court for Leave to Remove my son from the UK. I hope that your fiance can amicably agree with his children's mother but if it wobbles at all come back to this thread and I'll point in the direction of some LTR reading.

As Meauxna has said, your fiance won't need the LTR documentation until the actual visa interview. My understanding is that having sole custody (or residency as it's called here in the UK) is not enough. Your fiance must show a document which gives express permission for the children to move to the USA. This permission can come from the children's mother or the UK Family Court. As I said, hopefully this will be done amicably and without the need for formal LTR proceedings.

Best of luck and kindest regards.

spraggy0558

JeepGirl - Hi

Actually, my friendship with my ex-wife is usually ok. I've had sole custody for over 10 years now and we were already in discussion about her writing a letter e.g. I (Name) being of sound mind give my fullest permission to (Father) to remove our children from UK permanently for the sole purpose of emigrating to USA - blah blah blah. Is this enough or do I need a court originated document?

Thanx for your help so far, it's really appreciated

traceym

I had Judges ruling giving me sole custody, however our divorce was complicated financially by pensions etc. The bit about custody was one line buried amongst it all on page 3 of 5!

I got ex to do a handwritten letter with his address and telephone number on it also giving consent. I dont know if they looked at the custody document, but when I was handed everything back, the handwritten letter was on the top and the custody document was on the bottom.

If your on good terms maybe a visit to a family lawyer together could get a document drawn up and signed for a one off fee, thats what I would do just for peace of mind.

ian-mstm

If so, then I suggest you stop reading visajourney.com.

Ian

meauxna

It *is* bound to lead to confusion...

TracyTN

In more ways than one.

jeepgirluk

Hi Spraggy - you don't necessarily need a court originated document but as Tracey suggested it would be sensible to have the Letter of Consent for the move drawn up by a Family Lawyer. All you need is a document that leaves no doubt in the mind of the US Embassy that you have permission for the children to move with you. It sounds like you have it all under control.

spraggy0558

To all of you that have contributed

Thanx all of you for yr help and advice, we really do appreciate it. Just spoke to my ex-wife and she's seen a solicitor about drawing up a 'Letter of Consent' giving me her fullest permission to take the squids abroad, which he's gladly going to raise but as usual he'll charge me an arm and a leg for!!! Wot the hell, if it gets me wot I want then he can charge what he likes - the facist pig (Just hope he's not an anonymous poster on here )

Anyways, Michelle and I would like to thank you all from the Heart of my Bottom

Spraggy n Michelle

clarissageo

Oooooh, my favorite subject!

The letter of consent may be enough for immigration, but you might want to check about the schools - I have LTR (after the battle from hell with my ex) and sometimes the terminology of 'residency' in the document causes furrowed brows at school. School may want to actually see something from a court that states you have custody.

If your relationship is amicable it should be really fast, quick appearance in front of a judge and a formal document made up.

I'm in the process of trying to find someone over here that can put my UK order into a US format - ie translate that 'residency' in UK terms = Custody in US terms so there is no more confusion.... not having much luck right now.

You are so so lucky that you have a decent ex - there is a really long thread in the NZ forums 'Stepchildren'.... you should read some of the nightmares in there