JAJ

I am NOT a "pro" as someone else stated but often people speak with great confidence on things like the "Hague Convention" without knowing anything about it.

The Hague Convention (or this particular one, there are many of them dealing with other subjects) rests upon the legal position of the child's "home country". Also, it does not apply to those aged 16 or 17.

http://www.hcch.net/index_en.php?act...display&tid=21

katektt

Thank you for your responses , Have had sad news today regarding a friend so not replied earlier .
Both my son and i are born in England and he is 10 . I guess the only option i have is to get married but dont want to rush into things . Will know more details after next week when i return from my trip to the states to talk things out with my BF

ian-mstm

Getting married will not make it any easier to remove your son from UK jurisdiction. You will still need permission - either from the boy's father or via a court order.

Indeed, you should not get married until after you know for sure whether or not you'll be able to remove your son from the UK. You might find yourself in a situation where your son is not allowed to leave the UK but your husband is in the US. It does happen... it has happened - and we know of at least one woman who genuinely considered leaving her child behind to run off with her American squeeze!

Ian

scrubbedexpat099

He could always move to the UK.

But the thread question is answered.

JAJ

Son is aged 10 (we're told) so was born before 1 December 2003. Assuming this relates to England & Wales, an unmarried father does not have any parental responsibility unless granted same by a court order or agreement.

So permission should not be needed, as far as UK law is concerned (because there's no-one to ask) - although it probably wouldn't hurt to have documentation that there is no parental responsibility agreement or order on file. The family court system should be able to provide this. Any competent England & Wales family law solicitor should be able to deal with this kind of situation.

Unclear what the USA will require, but normally countries have agreed to recognize each other's custody laws.

katektt

Have spoken with 2 solicitors and a charity who deals with the removal of kids have all said the same thing I need his fathers permission regardless of age If he will not give it I need to go to a judge . Have apt with solicitor to sort this out in a few weeks .

JAJ

Interesting. Did these solicitors and charities put their advice in writing? If so, what exactly did they say?

The law in England and Wales isn't really a secret - it's explained in many places, including:
http://www.direct.gov.uk/en/Parents/...hts/DG_4002954

If you choose a solicitor, make sure you choose a good one. Levels of experience in this area vary enormously.

Bob

Well the US embassy will want to see permission in writing so it's kind of regardless.

JAJ

Is that something you know for sure or is it simply repeating from website?
I'd expect London consular officers to know at least something about UK child custody law. A competent US immigration attorney should be able to hold them to account if necessary.

Tony67

You have to be very careful with US Immigration and do everything by the book, or you will be in very big trouble.

My wife is American and we're married and living in the US now. The 'easiest' way to go about things is to get married. You get your fiance to sponsor a K-1 visa for you while you're in the UK. Once you get the visa in your passport (can take up to 6 months), you have 3 months to enter the US and up to another 3 months to get married. Then you apply for an EAD (employment authorization) and a conditional green card - conditional based on the fact that you're still married. Conditional green cards last for 2 years, after which you can apply for a 10 year green card. Be sure you can prove you were married in those 2 years - keep flight tickets showing you both leaving/returning on the same plane, receipts for things you both co-own (cars, mortgage etc). You will have an interview with an immigration officer. Once you're married for 3 years (I think), you can apply for citizenship.

Don't enter the US and attempt to get married or overstay your welcome once you're here. Immigration do not like this at all.

Noorah101

The K-1 visa (and also the Immigrant Visa, if they choose that route), is valid for 6 months, not 3 months.

They must marry within 90 days of her entry on the K-1 visa. Not 3 months.

Once she's been a PR for 3 years AND married to the same US spouse for 3 years, she can apply for citizenship.

I agree with not overstaying. I do not agree on the "attempt to get married". It is fine and perfectly legal to get married in the USA on a VWP trip. She then returns to the UK to pursue an Immigrant Visa (spouse). She should not try to enter the USA with the intent to marry AND remain in the USA to adjust status to permanent resident.

Rene

Bob

US immigration is Federal, the requirements are pretty much the same. This issue has come about a few times and was a problem for someone early last year.

And why would a consular officer know anything about UK law? They aren't even accountable for mistakes of US law.

JAJ

All hearsay, really. The point being that if there is no impediment under the law of Country X to removing a child, exactly which US immigration law/policy imposes such an impediment?