Child Custody docs needed for US fiancee visa

pgbeau1

New member
Feb 14, 2010
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Hi,

My Dominican fiancee for whom I am submitting a US fiancee K-1 visa application has one minor child that she will bring with her to the US. She was never married to the father of the child, but the father IS listed on the child's birth certificate.

There is no formal custody agreement, and the child currently spends time with both of them, mostly out of convenience due to the mother's work hours, otherwise the child would be with her full time.

The father has already said he will allow the child to leave the country to be with her mother.

Is a simple certified/notarized letter by the father signed in the presence of a lawyer stating that he gives permission for the child to leave the country to live with the mother and her fiance, me, all that is needed?

Or does the father have to sign something that says he releases all custody rights as well?

Do we need copy of father's cedula and copies of his birth certificate as well to satisfy Dominican exit customs and US entrance customs?

Or is the notarized permission letter all we need along with the approved K-1 visa docs?
 

TOOBER_SDQ

Bronze
Nov 19, 2008
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Hang in there Beau.

Dr1's resident legal expert Dr. Guzman, frequently reads the posts in the Legal section and makes comments; but not everyday. So hold tight.

I do recall hearing that to do what you are attempting, one of the requirements is putting some type of notice in a local newspaper. Or maybe that is for adoption. Or maybe I misunderstood.
 

bill p

Member
Aug 18, 2003
158
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16
Hi,

My Dominican fiancee for whom I am submitting a US fiancee K-1 visa application has one minor child that she will bring with her to the US. She was never married to the father of the child, but the father IS listed on the child's birth certificate.

There is no formal custody agreement, and the child currently spends time with both of them, mostly out of convenience due to the mother's work hours, otherwise the child would be with her full time.

The father has already said he will allow the child to leave the country to be with her mother.

Is a simple certified/notarized letter by the father signed in the presence of a lawyer stating that he gives permission for the child to leave the country to live with the mother and her fiance, me, all that is needed?

Or does the father have to sign something that says he releases all custody rights as well?

Do we need copy of father's cedula and copies of his birth certificate as well to satisfy Dominican exit customs and US entrance customs?

Or is the notarized permission letter all we need along with the approved K-1 visa docs?

yes , a notarised lettersigned by the father in front of a lawyer. then it has to be stamped at an officeof the goverment. the cost is about 100$ us. just did the same last november. and it is only good for 30 days. so you should do it just before she comes here
 

pgbeau1

New member
Feb 14, 2010
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thank you

Thanks to all who replied, that is a big help.

Billp, to be exact, sorry if this seems like nitpicking: Didn't realize it had to be 30 days or less. Do you mean 30 days before the day we go to the airport to leave the country, or 30 before we go to the consulate for our interview?

If we only need it for the airport to leave the country, then what do we need for the child for our interview at the consulate, only the child's name on the petition, as it currently is?

(Something I read on another site had said just the opposite--they said make sure you get working on it ASAP so it doesn't hold you up at the last minute; to get the father's permission document way ahead of time.)

I guess the scary part is: the father of the child could in fact throw a monkeywrench into the whole thing 30 days or less before we have our planned departure of the country if decides not to do it at the last minute.

Again, thanks for answers.
 

bill p

Member
Aug 18, 2003
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that is 30 days before you leave the country, for the fathers permission slip.the childs name on the petition yes, and 2 photos, passport, birth cert., proof of medical exam, and pay banco popular for childs interview(they dont have to be there), and i think that is it. but the consulate may ask for more. also my fiance had to have a dna test with the 2 children. they didnt tell us that untill 3 months after the visas were aproved, and 3 weeks before thier visas ran out. think they are only good for 4- 5 months. hope this helps you ,but doesnt scare you. good luck.
 

pgbeau1

New member
Feb 14, 2010
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thanks for clarification

Thanks, Bill p, that helps a great deal. DNA tests, too, wow. Birth certificates not good enough, they think you are trying to smuggle children, they think of everything :).

Like all, I'll be glad when we get through this and can actually be together for a "normal" day at my house. :)
 

pgbeau1

New member
Feb 14, 2010
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and

Oh, and , for what it is worth, the plan is to bring the child at the same time as my fiancee, and I intend to bring them as soon as possible once we get the approved visas. That is the plan and the goal for now, unless other things complicate that plan and make it not possible when the time comes.

Sounds like you brought your fiancee and kids later than right after visas were approved, maybe even kids separate and later than your fiancee from what you describe.
 

bill p

Member
Aug 18, 2003
158
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no they all came together. visa was aproved on july 1, but they said bring in the childrens medical records when you could, so every time we said is that all you need , other than what they had, they said yes, and of course every time she went back they told her they needed something else.so in sept i booked flights to the usa for nov 7, needless to say she got her packet on the 9th after i had allready returned to the us.so i rebooked (cost 1300 $ to change) and they said they had to leave the country before nov 18 or the visa will expire and you have to start the whole process over. good old us gov.
 

pgbeau1

New member
Feb 14, 2010
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yikes, what I have to look forward to, thanks again, I can forward the $1300 rebooking fee to USCIS and they pay for it right? ha ha
 

bill p

Member
Aug 18, 2003
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16
Also please be aware of this. If you bring the child back for a visit to the DR, you will need a new permission document to take them back with you when you leave the DR as long as the child is under 18 years of age.

are you sure of this. what if the childs mother has her and the childs green card
 

pgbeau1

New member
Feb 14, 2010
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Ok, thanks for added info, windeguy.

To play it safe sounds like we'll never want to set foot in the DR again with the child until after they are 18. Sad but true, by that regulation the DR government is guaranteeing that the natural father will not see his child again until they are 18. Because I won't risk it, if it is up to me.

I mean, who knows if after allowing the child to leave the first time, the father may suddenly become crazily jealous and refuse to let the child leave in the future. Ironically, I have NO problem with helping the child/father to have occasional visits over the years, I would not want to deny them time together--but now that I know that the child might be detained in the DR in the future if the father suddenly refuses to give permission??? Forget it.

Tricky stuff, thanks for the great info and feedback.

Boy, am I dumb and do I learn many new things every day :).
 

bill p

Member
Aug 18, 2003
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everything you need to know should be on the immigration web site. thats how i got all my info when i went thru my whole process
 

pgbeau1

New member
Feb 14, 2010
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what immigration web site? There is nothing I found about the particular questions I am asking here, which is why I am asking them here.

Believe me, I called the DR embassy in Boston and asked them these questions and THEY blew me off and told me to get a lawyer and ask him. I was astounded they wouldn't help me with basic questions on DR custody. They couldn't be bothered to give me any information or answers, and here I am trying to help two DR citizens to move here, go figure.

Heck, when you get the instructions in hard copy there is nothing that tells you anything about lots of things, for example I am only lucky that i found out through extra research that there is such a thing as the "long form" birth certificate for Dominicans. I knew this was standard now for Americans, had no idea it was required for my fiancee, and it sure DOESN'T mention it in the instructions that you need to get long form from whatever country. That's just one example.