Fiance (and dependent) visa question

Oooh, will do!

My opinion on this matter is as follows:

-If the father is in the picture, get a letter from him or a court order.

-If you know who he is and he is not in the picture, get a court order

-If you don't know who he is and he has never been in the picture, explain this, and it *should* be okay.  However, you really should show that you have made efforts to locate him or prove that he has never been around.

Vicky

Vicky, I was under the assumption that b/c he wasn't listed on the birth certificate, that it shouldn't matter to the IO.  It didn't matter when I obtained a passport for her. 

You're probably the best judge of character in regards to those who should have access to your daughter. But, I will just reiterate what Vicky said. She an immigration specialist and her opinion is worth more than all us lay persons combined. She will look at your situation just as an Entry Clearance Officer would when they open your application. Please just don't dismiss her because you don't agree with her.

You're probably the best judge of character in regards to those who should have access to your daughter. But, I will just reiterate what Vicky said. She an immigration specialist and her opinion is worth more than all us lay persons combined. She will look at your situation just as an Entry Clearance Officer would when they open your application. Please just don't dismiss her because you don't agree with her.

Thank you.  I am aware of the wealth of knowledge that Vicky possesses and I am very thankful for her opinion on the subject.  I was not dismissing her, so I apologize if it came across that way.  This is very upsetting to me, b/c there would be no way I could obtain a letter from her father, b/c he is not around nor do I have any way to contact him.  I had researched this previously and from my research was under the assumption that I wouldn't need to explain things further as he is not on the birth certificate and has no legal rights to her, nor is he identified as her father on any documentation.  Perhaps I was to quick to think that is the case.

I completely understand...But you're dealing with the Laws of another country that feels it is in the best interests of the child that both parents or the sole legal & custodial parent make an informed decision regarding the child. The last thing that the UK wants to get involved with is an international custody battle.
The best thing you can do is contact the courts to see if you can get a court order showing sole physical and legal custody. They may do this by default if he doesn't show up. If you get in touch with Legal Aid/Family Law Attny/or your local Social Services they can help you with this process.

I completely understand...But you're dealing with the Laws of another country that feels it is in the best interests of the child that both parents or the sole legal & custodial parent make an informed decision regarding the child. The best thing you can do is contact the courts to see if you can get a court order showing sole physical and legal custody. They may do this by default if he doesn't show up. If you get in touch with Legal Aid/Family Law Attny/or your local Social Services they can help you with this process.

This is the point that's been brewing in my brain a bit. If the court can give you the paperwork showing that you have sole legal custody of the child (i.e. if he doesn't show up to court, etc.) it'll be much stronger than just not having a name on the birth certificate. I'm not sure if not having a name listed automatically revokes parental rights--I always assumed it was a much more deliberate action to revoke those rights (i.e. the parent knowingly signing their rights away). Or, that the courts could award sole custody to one parent if they felt the other parent was making no attempt to be involved in the child's life, or was a danger to the child, etc. I'm not entirely sure the UKBA would be satisfied with just your word alone and a blank father line on the birth certificate (not saying you're lying at all), but they need to see that it's all legally sound, I'd imagine before granting any sort of settlement for a child.

Kittenfish - I know in California when you have any type of adoption (including step parent adoption) of a child the biological father must relinquish his rights to the child or have them terminated by the courts or be deceased. This includes any fathers that are known, unknown or alleged. Things I learned from my mother who was an adoptions social worker and I went with her on a few occasions to witness the relinquishment forms being signed by the fathers. No name on the birth certificate meant nothing.

I don't know what UK law is regarding Fathers & their rights. But like Vicky said, the father is known in this case (just not stated on the certificate since in some states he must be present at the birth to sign the paternity declaration) and should be addressed in some manner.

Thanks for the response WebyJ, clears some things up in my head Like I said, I was always under the assumption it had to be deliberate, and not just a result of not having a name on the birth certificate, but I don't know law well enough to say for sure. But, I would always assume that *everything* has to be legally binding to pass the UKBA smell test, and explicitly stated, especially when dealing with children in order to try and keep abuse and misconduct at a minimum.

Thank you everybody for your responses.  My initial question was regarding the fiance visa and what I would need to do, once married.

I do appreciate all the responses regarding dependent visa as I thought I had that squared away.  I don't have the name of the father and therefor no way to contact him.  Could I and would I need a court order explaining I have sole physical and legal custody of him in that circumstance?

BTW, in Texas the father does not have to be present to put his name on the birth certificate.

My family attorney is aware of my situation, so I will consult with him and see what he suggests I do.  I also believe I have a legal document in my will that states I have sole physical and legal custody, so I will be sure to locate that when I get home.

The fact that he is not listed on the birth certificate is not relevent.  The fact that you were able to obtain a passport for your child without his input is.  It sounds as though you would be able to get enough documentation and explaination from your family lawyer to be able to avoid a court order, but obviously I can't say for sure without seeing the available documentation.  But I don't think this is going to be anything you need to worry about.

Vicky

The fact that he is not listed on the birth certificate is not relevent.  The fact that you were able to obtain a passport for your child without his input is.  It sounds as though you would be able to get enough documentation and explaination from your family lawyer to be able to avoid a court order, but obviously I can't say for sure without seeing the available documentation.  But I don't think this is going to be anything you need to worry about.

Vicky

Thanks Vicky. 

Another question.  I am a bit confused about how to apply for the visa for my daughter under both the spousal visa and fiance visa options.  I know that I submit the settlement visa app for myself (VAF4, if I am not mistaken), but what do I submit as the app for my daughter?  Do I submit the settlement app, as well?

You are in the US so it is one on-line form.

Vicky

You are in the US so it is one on-line form.

Vicky

For some reason I convinced myself that I had to do 2 apps.  I do pay double the fee though, right? 

You do two on line forms...one for you, one as if you are your daughter, and you pay two fees.

Vicky

You do two on line forms...one for you, one as if you are your daughter, and you pay two fees.

Vicky

Thank you again.  That is what I initially thought, but wasn't certain what form I would use for my daughter. 

Does it pull up the appropriate form, once you enter the purpose of your visa on-line?

There is only one form.


Vicky