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K-2 Custody proof (or not)?

K-2 Custody proof (or not)?

Old Sep 27th 2001, 3:38 pm
  #1  
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A nasty issue has cropped up just a week before my (and my K-2 son) interview. Input form one who has also been through this and/or got the inside word would be very welcome right now...

The IV15 (May 2001), form that is the checklist in the UK packet #3 under the section "Children, custody decree" (it's point 13), says:

"If you are applying for a visa for your children by a previous marriage and if a court has previously restricted your custody of these children, 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 United Kingdom."

When my first wife and I divorced, NO COURT ORDER was made directing or restricting custody. In fact at the time, my son did say he wanted to stay with me but he didn't in the end and stayed with my ex.

Until today, I assumed that this was ok and that as no order was made, we would be fine. I happened to query this with my solicitor (as I am winding up things here in the UK), he isn't an immigration specialist but he told me that another of his clients has also assumed this and was told that he actually DID need a court order granting custody before he could take his child and emigrate to the USA.

He also said that this puzzled him as he thought most other countries are happy with a formal letter from the "other parties" solicitors stating that there is no court order and also confirming that their client (my ex-wife in this case), was happy for the child to leave the UK.

To try and resolve this, I called the US Embassy and they were just as puzzled as me. The statement in the IV15 says that in my situation, I don't need an order but the embassy just said "Durrr... we don't know then, but you probably do need a court order granting custody".

I guess it's way to late to get a court order in time for next weeks interview as well

So, HELP!!!!! What DO I need?

Brian.
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Old Sep 27th 2001, 3:49 pm
  #2  
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Too late to get a formal court order but not too late to get a notarized and/or sworn letter from the child's mother stating that she is aware that her son is going to migrate to the US with his father and has her permission to do so.

If the US Consulate still wants a court order, than you can migrate without him at this time and start the petitioning for said order before you leave. He is free to obtain the K-2 at anytime within the year after yours was issued.

Since he is currently residing with his mother (this is what I gleamed from your post), it isn't as if you are making him move from his present home while awaiting the court order.

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Old Sep 27th 2001, 4:06 pm
  #3  
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If it is any help the same query popped up with me regarding the I-212 a year ago. I had to re-apply (successfully thank god) to get back in the US after i was deported on an overstay of the visa waiver. They asked me then for custody decree as i had to re-apply for my son too. All i had was a signed letter from my ex husband stating that i can take my son back with me when i emigrate.

All i have now is the signed letter from my exhusband which has been updated with yesterdays date on it to show that i can take my son with me.

Hopefully this should be enough

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Old Sep 27th 2001, 7:23 pm
  #4  
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>Too late to get a formal court order

Yup - my solicitor says it can take 8 weeks!!!

>but not too late to get a notarized and/or sworn letter
>from the child's mother stating that she is aware that
>her son is going to migrate to the US with his father
>and has her permission to do so.

This has been agreed to for a while now and organised tonight.

(Child... hehe... he is 15 and nearly 6 feet tall)...

>If the US Consulate still wants a court order,
>than you can migrate without him at this time
>and start the petitioning for said order before
>you leave. He is free to obtain the K-2 at
>anytime within the year after yours was issued.

Inded. Just a shame to have to either delay our departure by a few months or for him to follow on so much latter.

>Since he is currently residing with his mother (this
>is what I gleamed from your post), it isn't as if
>you are making him move from his present home
>while awaiting the court order.

Oh indeed. He is very keen to make the change over to the USA with me and his mom (to her credit) knows this and isn't standing in the way of this.

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Old Sep 28th 2001, 1:37 pm
  #5  
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Hi Brian...

I was in exactly the same situation as you, back a few weeks ago..

I entered on a K1 visa and, at that time my 14 year old daughter had a year in which
to follow me... At that time Kim decided to live with her Dad for a few years until
she finished school, but since kids can change their minds any minute, we listed her
on the K1 petition anyway... The one year window expired, and just after Kim came out
for a vacation, loved it here, returned to the UK to my ex, and advised him that she
wanted to follow me and live in the States.. Now, at the time we had our divorce,
there was no custody decree for her, we just agreed mutually that we would both have
unrestricted access... Before her interview in London at the beginning of this month
I called the UK embassy and asked them what I needed since there was no order of
custody. The lady checked with a supervisor and informed me that a noterized letter
from my ex, witnessed by a member of standing and if possible just a solicitors
letter stating that the ex was permitting and giving consent for the child to live
abroad... A letter was drawn up by my ex's solicitor, I replied to the letter,
stating that I agreed with my ex and to allow him indirect contact with her both my
phone and emails, it was signed by the solicitor and then my ex wrote a statement
saying something like " I Mark.....Bla bla.. father of ..... Give my consent for my
daughter .. "full name" to reside in the US.... This was all that the consulate
needed.. If you need a copy of the solicitors letter then I will be happy to send it
to you to give you an idea.. The letter, my reply and his statement was done all in a
matter of a week.... Let me know your email address and I will forward it onto you...

Regards

Dawn
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[usenetquote2]> >but not too late to get a notarized and/or sworn letter from the child's mother[/usenetquote2]
[usenetquote2]> >stating that she is aware that her son is going to migrate to the US with his[/usenetquote2]
[usenetquote2]> >father and has her permission to do so.[/usenetquote2]
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[usenetquote2]> >If the US Consulate still wants a court order, than you can migrate without him at[/usenetquote2]
[usenetquote2]> >this time and start the petitioning for said order before you leave. He is free to[/usenetquote2]
[usenetquote2]> >obtain the K-2 at anytime within the year after yours was issued.[/usenetquote2]
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[usenetquote2]> >Since he is currently residing with his mother (this is what I gleamed from your[/usenetquote2]
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[usenetquote2]> >the court order.[/usenetquote2]
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Old Sep 28th 2001, 7:29 pm
  #6  
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>>
I was in exactly the same situation as you, back a few weeks ago..
>>

Oh no!!!!!

>>
Now, at the time we had our divorce, there was no custody decree for her, we just agreed mutually that we would both have unrestricted access...
>>

Yup - that's about the same situation I have with my ex.

>>
Before her interview in London at the beginning of this month I called the UK embassy and asked them what I needed since there was no order of custody.

The lady checked with a supervisor and informed me that a noterized letter from my ex, witnessed by a member of standing and if possible just a solicitors letter stating that the ex was permitting and giving consent for the child to live abroad...

A letter was drawn up by my ex's solicitor, I replied to the letter, stating that I agreed with my ex and to allow him indirect contact with her both my phone and emails, it was signed by the solicitor and then my ex wrote a statement saying something like " I Mark.....Bla bla..father of..... Give my consent for my daughter.. " full name" to reside in the US.... This was all that the consulate needed..
>>

So why did the (Scottish) lady on the (expensive) enquiry line tell me that they didn't know and that I would need a custody decree? Oh... Sorry... that's not a question you can answer, just me sitting here dumbstruck!

I suppose that it's not the same person that spoke to you who spoke to me... different people and different answers: grrrrrrr.

>>
If you need a copy of the solicitors letter then I will be happy to send it to you to give you an idea..
>>

WOW WOW WOW.... that would be amazing!

My ex has writen to her solicitor today (and posted it) asking for such a letter from them for me. Knowing how slow some of these solicitors can be, if I could have a sample text, I might be able to speed them up?

>>
The letter, my reply and his statement was done all in a matter of a week.... Let me know your email address and I will forward it onto you...
>>

I'll send you an email...

Many thanks for your helpful reply. Most kind of you.

Brian.

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Old Sep 28th 2001, 7:32 pm
  #7  
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>Let me know your email address and I will forward it onto
>you...

Just noticed that there isn't an email option on your message, so just send the text of anything you feel able to to me at [email protected] and it'll get to me.

Many thanks.

Brian.

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Old Sep 29th 2001, 4:26 pm
  #8  
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-->snip!<--
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Don't know if this will help in your case, but in ours the mother went to the US
embassy in person and signed a form indicating that the child was being relinquished
to custody of the father. The other option they gave was to have a notorized
statement from her.
 
Old Sep 30th 2001, 9:38 am
  #9  
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Thanks,

She is indeed going on Monday to her solicitor to have a notarised statement done.

The thing that upsets me about this is that its diffrent from what they say they need in the paperwork THEY (the embassy) send out. I am just trying to ensure we don't get any nasty surprises at the interview and just a week before, to find out that this is ALSO needed was a bit of a surprise. Yeah... what's next?

Will I have to stand on my head all day to get these visas?

Brian.


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