Closing the distance with kids! Help

[Aylab_628]

My SO and I are at the stage we know we want to live together and get married. Just getting our ducks in a row. However a question that has occurred is....(I'm Canadian he's American) would be I moving to the states with my 4 year old. (Bio dad isn't in the picture at all). Do we do a fiancé visa......if so what visa do I request for my son? Or martial and then what do I request. Any help would be sooo appreciated.

He has considered moving here but I think everyone would be happier there. THANK YOU

[Ella85]

You may have to go to court to get permission from your child's biological father... I have a court order stating that i can move with my daughter. You file for a K-1 and then along with the visa petition a K-2 for your child.

[Aylab_628]

So k-1 is for a fiancé visa, my SO would have to file for that over in the states. Does he also file for the k-2 at the same time? Or how does that work.

As for consent it would be a judge saying I could. I already have full custody. That's not really my issue since he's been absent from his life for almost two years straight now.

[Ella85]

I'm not sure how the K-2 works as I've not filed for it myself. My daughter is a US citizen (her biological father is American). However, from what I understand when your fiance files his petition for you, you file your children's names. When you get to the medical part you then do a medical and pay an extra visa fee for your child. If you have full custody it should not be an issue. Have a look on Visa Journey there is a lot more info there that I can't tell you because I don't have the experience/ Knowledge.