Will A K-1 visa allow a her to bring a child?

[Diego A.]

This may be a dumb question but can a colombiana come to the us and bring her child with
a K-1 any stories?   Any one have problems with girls with children with the ex's?
thanks,
D.

[cjweir]

... in response to Will A K-1 visa allow a her to bring a c..., posted by Diego A. on May 30, 2001

you can bring a child with your fiance on a k-1, as a matter of fact you can bring your fiance to the states, and you have one year to bring any children (k-2), just be sure to list them on your k-1 application. there is no permission need from the father as long as the mother has cutody. i have been threw this and feel free to contact me

[Pete Eiguren]

... in response to Re: Will A K-1 visa allow a her to bring..., posted by cjweir on May 31, 2001

See my posts in the archives of 1/5/01 and 1/19/01.
We got stuck in Colombia 11 extra days because my step sons father refused to sign permission for him to leave,even though he had signed the year before.We finally got him out in a manner that cost $.We were told that unless the kid is 18 or has a US passport he needs a current(last 60 days)
permission letter from the father to leave the country,every time .They may have not been as strick but the father called Colombian Immigration and told them not to let the son leave.
My wife has always had custody of her son and she never married or lived with the father nor did he ever pay any support and rarely saw the kid.
There may be a way do get"absolute custody" and not need this.We are working with a lawyer in Cali and thats what my wife is telling me is possible.I would be interested if you have any imformation about this.We wont take the kid back to Colombia untill we know for sure we can get him back out.

Pete

[Ralph]

... in response to Re: Re: Fathers permission for a child t..., posted by Pete Eiguren on May 31, 2001

I think the rules on permission are up to the gevernment in the country involved. I remember the nightmare you had with that issue. It appears the rules are different in the DR.

[Pete Eiguren]

... in response to Re: Re: Fathers permission for a child t..., posted by Pete Eiguren on May 31, 2001

OK,I asked my wife again and had a friend translate.Apparently it is possible to get total legal custody,which I guess is more than she has now,even though her son has always lived with her and then the father can't stop the son from leaving the country.Our attorney in Cali is working on this now.If this can't be completed by the time we go in December we can get a judge to sign a temporary paper allowing him to leave the country.My wife thinks since her lawyers husband is a judge this should be no problem.
We will see.

Pete

[Houndog]

... in response to Re: Re: Re: Fathers permission for a chi..., posted by Pete Eiguren on May 31, 2001

Pete,

That does not change the original fact that Colombian Law requires the fathers permission. Having total and Complete custody is a Legal Adjunct to the existing laws.

So unless several legal issues are addressed and amended with court certification then problems can happen.

The bottom line is....children are an issue that needs thourough investigation to avoid potential problems.

HD

[Pete Eiguren]

... in response to Re: Re: Re: Re: Fathers permission for a..., posted by Houndog on May 31, 2001

HD,
I totally agree if a child is involved you really need to do your homework to discover possible problems.I couldn't believe that some wouldn't have warned us about the fathers permission every time.Not the lawyer my wife hired in Cali before we got married(not the same one we are using now),not the INS,not the embassy,not the Colombian counsolate,nor even any warning here on the board(I hope we have solved that).The child issue also delayed our spousal visa 2 weeks,the embassy wanted a second set of original documents for my step son.
So how do you like being a daddy?How is the child doing?

Pete

[Houndog]

... in response to Re: Re: Fathers permission for a child t..., posted by Pete Eiguren on May 31, 2001

Pete is correct...

COLOMBIAM LAW...states one MUST have the fathers permission for a child to leave Colombia....unless one can prove that there is no father...ie: dead or never on childs BC...as in unknown

HD

[Michael B]

... in response to Will A K-1 visa allow a her to bring a c..., posted by Diego A. on May 30, 2001

The Child will need a K-2 visa. No big deal, just apply for it at the same time, if they grant the woman a K-1 they will automatically grant the child a K-2. However, the child will need the other parent's permission to leave Colombia---check the archives, there have been some 'horror stories' about this posted, especially if the father does not want to cooperate.

[Houndog]

... in response to Re: Will A K-1 visa allow a her to bring..., posted by Michael B on May 30, 2001

...plus the additional income needed....but that's not much of a problem for many guys.

HD

[Brassa]

... in response to Will A K-1 visa allow a her to bring a c..., posted by Diego A. on May 30, 2001

Thats not a dumb question and i am anxious to know myself...A legitimate question like this you shouldnt consider dumb.....what is dumb is the immature carrying on unde the "personal hygiene" post...Absolutely disgraceful behavior from adults.