okieag

Hello all,

Cheers from USA. My fiancee and I are currently awaiting NOA-2 in regards to the I-129f. As we wait, we have begun preparing items in regards to K1/K2 portion. My fiancee has 2 children, aged 17 and 15. One wishes to come to the USA, the other who turns 18 in a few weeks has chosen to stay back in UK for now.

In regards to the child who will be a K2, we are having a tough time understanding what documentation will be required. The father (loser) has not been in contact with mother or the children in roughly 12 years. There was domestic abuse involved and no contact since then.

My fiancee since then has changed their last names because she has sole parental responsibility (children born prior to '03 and unmarried at time). Father's name is on birth certificate. Would a letter from a solicitor stating her sole responsibility be sufficient for the US embassy in London.

We do not want to get father involved as the last contact with mother was as stated above, a domestic abuse situation.

Thanks for any and all replies.

Noorah101

She will either need permission from the father, or a court order, stating she can remove the child from the UK.

You can try it with a letter from the solicitor, but from what I've seen posted on here, it needs to be court-appointed permission. She could hire that solicitor to help get it done through court.

Rene

civilservant

Agree with Rene, there's no latitude there I'm afraid.

ian-mstm

As the others have noted, she must either have the father's written permission to remove the child from UK jurisdiction, or a court order to that effect. Those are the only two choices.

Ian

okieag

thank you for the replies. Fiancee is going tomorrow to an immigration/family law solicitor for advice. We do know from the internet how to get in touch with him if it comes down to it, especially considering time and money.

Is there any harm towards the court order should we need it if we contact father first asking for permission? We have zero idea what his response to this proposal would be, but given his past we would not be surprised with a really asinine response.

Also, how long does one imagine a court order process to take, and what is involved?

Thank you all for the responses so far, has been very helpful.

ian-mstm

No... if the father can't be found or withholds permission, a court order is the only remedy.


The father is on the birth certificate. He can assert his parental rights at any time whether or not he's shown any previous interest, and whether or not his sole motivation is to screw over your fiancée. Once an abuser, always an abuser... whether physical or emotional. It is one constant that will never change.

For her own protection, all correspondence should be done through her attorney. She should not make contact directly. She should never give out her email address and she should use the attorney's address for all mail.


I'll leave this for others to answer. I don't know.

Ian

sarah2011

The 03 and unmarried only applies if the father is not listed on the birth cert then he has no PR after that the father has the right to be listed even if the mother refuses it I hope it goes well and the hearings go un contested

okieag

thank you for all responses. I unfortunately will not be able to tell you how the court system works......


....as we were able to get in contact with the father, explain the situation, and he has signed documents giving permission.

Noorah101

Yay!

Rene

okieag

yes, were just wanting the NOA2 now!!

ian-mstm

Outstanding!

Ian

BunnyGirl

Wow, hope my ex is as agreeable! Well done

Speedwell

What a relief, excellent news