Is Parental Consent From My Ex Required To Petition For My Child? (K2 Visa)

03 Jan 2019

What’s the probability of the US Embassy requiring some sort of letter of consent from a father of a K2?

The specific requirements and the form of consent expected may vary by country. Generally, if the father’s name is on the birth certificate, a letter of consent will be required. If there’s no father named on the birth certificate, you probably don’t need anything. We’ve seen this exact situation hundreds of times. If you aren’t in touch with the father, that won’t be a good excuse. You will still need to make contact with the father and get their consent in writing. This may prove more difficult if the father is uninvolved with the child’s life and many years estranged.

Sometimes, the estranged father may find out his child is going onto a better life in America and decide to try to get something out of the deal. One strategy many have used to convince such a parent of offering up consent is to notify them that once the child becomes a US citizen in the future, that child may be able to petition for the father to come to the US. Sometimes this “carrot” is enough to cause them to concede. In other cases, an outright bribe was requested. Either way, if your embassy requires this consent, it’s best to get it peacefully rather than end up in a long, windy court case in the country of origin.

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