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Judith
Judith, Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 28201
Experience:  34 years as practicing immigration attorney, with non-immigrant and immigrant visa experience.
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I filed a K1 Visa Petition fiancée and her

Customer Question

Hello,
I filed a K1 Visa Petition for my fiancée and her daughter on 2/23/16. My fiancée and her daughter are from Belarus. Legally (per her Belarusian divorce decree), my fiancée shares custody of her daughter with her ex-husband. However, my fiancée raises her daughter on her own and receives no financial support from her ex-husband, who is rarely involved in his daughter's life. Given this situation...
1)Will this present any obstacles to my fiancée's daughter obtaining her visa or immigrating to the U.S? Does USCIS or Customs typically inquire about the custody situation of the K1 minor?
2) If so, what will the USCIS require from my fiancée? Proof of full custody, written permission from her ex-husband, etc.? Are there any other options available to us?
3) When must this documentation be provided? Before the embassy interview? At the embassy interview? Upon entering the U.S. under the K1?
4) Does USCIS and Customs always ask for this information or is it requested haphazardly?
5) Do you know of any resources available in regards ***** ***** questions specifically pertaining to Belarus?
Thank you,
Aaron
Submitted: 7 months ago.
Category: Immigration Law
Expert:  Judith replied 7 months ago.
Hello my name is ***** ***** I am delighted to answer your questions today. I have 35 years experience as an immigration lawyer.1)Will this present any obstacles to my fiancée's daughter obtaining her visa or immigrating to the U.S? Does USCIS or Customs typically inquire about the custody situation of the K1 minor?Yes, beyond any doubt the mother will have to present a notarized statement from the biological father giving his consent to his daughter coming to the US.He has on legal grounds, regardless of support or visitation, shared custody. So she needs his consent or she needs to have the court amend the custody order giving her sole physical custody of the child.2) If so, what will the USCIS require from my fiancée? Proof of full custody, written permission from her ex-husband, etc.? Are there any other options available to us?See #1 above3) When must this documentation be provided? Before the embassy interview? At the embassy interview? Upon entering the U.S. under the K1?It must be provided at the time of the visa interview.4) Does USCIS and Customs always ask for this information or is it requested haphazardly?No immigrant visa ( a K1 is technically a immigrant visa) without parental consent from the parent sharing custody. It is not haphazardly enforced, no discretion, it is an absolute requirement. 5) Do you know of any resources available in regards ***** ***** questions specifically pertaining to Belarus?I do not understand this question. There is no special US policy only for Belarus. This is across the board requirement under the Dept of State Foreign Affairs Manual in all such cases in all countries.There are treaties and conventions which countries sign and agree to to avoid child abduction.Of course, I am sure you understand yourpositive rating is very important to me as we are not on salary and that is howwe receive compensation, you choosing a smiley face or 3+ starsIn the future, you may begin your questions with “FOR JUDITH” and I will beyour personal immigration expert.Judith
Expert:  Judith replied 7 months ago.
May I answer anything additional for you to earn you rsatisfaction. I strive to give good customer service and comprehensive answers.I feel I have failed you. Please tell me what additional information would be helpful.Judith