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Immigration Law (USA)
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Question

I was wondering whether I need father’s consent to let my minor child come with me to the United States on K-2 visa? I will be coming here as a fiancée of the United States citizen on a K-1 visa. I am getting divorced and will only have temporary custody over my child in May 2012.

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Answer

When you petition for K-1 with USCIS (first step in the process) you do NOT need consent from another parent, but in all other stages: interview in Russia, getting green card in the USA, the issue of consent may arise. Consent is not a requirement but they have the right to ask for one. Therefore, having sole custody or letter of consent would be helpful. Since in May, Alena will only have temporary custody that is not an issue at the first stage of the application process. However, it is best to have sole custody by the time of the interview. Perhaps Karina may help you with this issue.

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