need help! Russian Girl friend with child

[Boondocks 0]

Hello all need some help,

I have a Russian girl friend (have visted her twice) now we are thinking of filling a K1 Visa. She has a minor child and does not have good relations with her ex-husband. Our question is (I cannot find anything on the USCIS Home page) will we need to get written notarized approval from her ex-husband allowing and approving of the child to be included on the K1 Visa and then of course for the child to immigrate with her to the US.

Can he (ex-husband) by withholding his permission stop the minor child from leaving Russia to be with the minor's mother in the US.

Wanting to get as much information prior to filling the K1 Visa, to hopefully eliminate any problems or lessen there effects before we go thru with filing a Visa. Of course the Mother will not move to the US and leave her child behind in Russia, but she is afraid her ex-husband may not sign the necessary Legal papers (if this is required by the US K1 Visa laws) and I would not ask her to do this either.

Any help or anyone who has gone thru this process and can inform me of the actual laws and requirements by our USA laws will be greatly appreciated.

[payxibka 10,045]

You won't find anything on the USCIS website because the USCIS does NOT issue visas... The American Consulates do which are a part of the Department of State.... The USCIS's role is petition approval not Visa.

Yes, a permission letter from the father will be required. You best get this worked out because without it or some sort of a court order, you are dead in the water.

[Boondocks 0]

You won't find anything on the USCIS website because the USCIS does NOT issue visas... The American Consulates do which are a part of the Department of State.... The USCIS's role is petition approval not Visa.

Yes, a permission letter from the father will be required. You best get this worked out because without it or some sort of a court order, you are dead in the water.

do you have a link to the American Consulate web site. and are you certain about this for Russia, the reason I ask is we were told because she lives in Russia this was not necessary but if she was from the Ukraine then yes we would need the ex-husbands permission. I just want to be 100% positive on how we need to proceed, and is the only reason why I ask this question. also if you can provide the American Consulate web site to see if they say anything specific regarding this in regards to Russia.

Thanks very much

[pushbrk 12,569]

You won't find anything on the USCIS website because the USCIS does NOT issue visas... The American Consulates do which are a part of the Department of State.... The USCIS's role is petition approval not Visa.

Yes, a permission letter from the father will be required. You best get this worked out because without it or some sort of a court order, you are dead in the water.

Court ordered full custody is often sufficient but sometimes a permission letter is needed instead or in addition to. You need a Russia specific answer as to what is needed.

Yes, there is the possibility of the natural father preventing his child from immigrating to the US.

[Kazan' Tiger 1]

Your fiancée needs either a legal court order stating she is the sole parent (father has surrendered all rights) or a letter with apostille stating the father gives 100% permission for his child to emigrate to the US with no guarantee or promise of return.

As others stated, this issue can escalate. There are cases where the father has held his signature hostage in order to extort as much money as he feels he can from the future step-father.

[Boondocks 0]

Your fiancée needs either a legal court order stating she is the sole parent (father has surrendered all rights) or a letter with apostille stating the father gives 100% permission for his child to emigrate to the US with no guarantee or promise of return.

As others stated, this issue can escalate. There are cases where the father has held his signature hostage in order to extort as much money as he feels he can from the future step-father.

If I understand you correctly, If my girl friend has a legal court order from her divorce stating that she has 100% sole custody of the child. Then we would not need further written apostille proof by the father giving his permision? She does have full custody of the child stated in their divorce papers.

I am not sure if you are also stating that even with this full custody, the ex-husband can still hold out his permission and make this process impossible for us, unless we get his consent?

[pushbrk 12,569]

Your fiancée needs either a legal court order stating she is the sole parent (father has surrendered all rights) or a letter with apostille stating the father gives 100% permission for his child to emigrate to the US with no guarantee or promise of return.

As others stated, this issue can escalate. There are cases where the father has held his signature hostage in order to extort as much money as he feels he can from the future step-father.

If I understand you correctly, If my girl friend has a legal court order from her divorce stating that she has 100% sole custody of the child. Then we would not need further written apostille proof by the father giving his permision? She does have full custody of the child stated in their divorce papers.

I am not sure if you are also stating that even with this full custody, the ex-husband can still hold out his permission and make this process impossible for us, unless we get his consent?

You are wise to seek clarification. I don't know exactly what Kazan is intending to convey but "sole parent" and "(father has surrendered all rights) is not the same thing as "full custody". My former wife had full custody of our daughters but I had visitation rights and the ability to get a court order to stop her from removing our daughters from the State, much less the country. Again you need a very clear Russia specific answer that covers all the bases.

[Boondocks 0]

Thanks pushbrk,

I am also asking some of the Immigration Attornies that I have found thru Internet searches, but so far no one has replied back, but in defence to the some of Attornies I have asked, it has only been a couple of days since I started inquiring with them. I am hoping that I can get this information on here, because the first couple of inquires with Attornies that request a consultation fee and would not provide answers unless I did this or retained them.

I just do not want to get my friends hopes up or start paying out fees, if others have been thru this situation "US man-Russian woman with minor child", and they can give me some accurate info and insight into the (possible) problems we are facing. I think if push comes to shove we can get the ex-husbands permission, but want to know for sure if this will be 100% necessary.

[pushbrk 12,569]

Thanks pushbrk,

I am also asking some of the Immigration Attornies that I have found thru Internet searches, but so far no one has replied back, but in defence to the some of Attornies I have asked, it has only been a couple of days since I started inquiring with them. I am hoping that I can get this information on here, because the first couple of inquires with Attornies that request a consultation fee and would not provide answers unless I did this or retained them.

I just do not want to get my friends hopes up or start paying out fees, if others have been thru this situation "US man-Russian woman with minor child", and they can give me some accurate info and insight into the (possible) problems we are facing. I think if push comes to shove we can get the ex-husbands permission, but want to know for sure if this will be 100% necessary.

The appropriate US Consulate will answer your question without charge. That's the clear authority you need. Ask them directly by stating specifically what documentation is currently available, ask if it is sufficient and if not, what is needed. Then take their answer at face value and literally.

You can ask using email. Just check their website for how to do so.

Edited May 6, 2008 by pushbrk

[Boondocks 0]

Thanks pushbrk,

I am also asking some of the Immigration Attornies that I have found thru Internet searches, but so far no one has replied back, but in defence to the some of Attornies I have asked, it has only been a couple of days since I started inquiring with them. I am hoping that I can get this information on here, because the first couple of inquires with Attornies that request a consultation fee and would not provide answers unless I did this or retained them.

I just do not want to get my friends hopes up or start paying out fees, if others have been thru this situation "US man-Russian woman with minor child", and they can give me some accurate info and insight into the (possible) problems we are facing. I think if push comes to shove we can get the ex-husbands permission, but want to know for sure if this will be 100% necessary.

The appropriate US Consulate will answer your question without charge. That's the clear authority you need. Ask them directly by stating specifically what documentation is currently available, ask if it is sufficient and if not, what is needed. Then take their answer at face value and literally.

You can ask using email. Just check their website for how to do so.

do you have a website address I am looking at http://www.usembassy.gov and it gives a list of US embassies world wide, so I clicked on the Moscow, and do not see anywhere to ask specific questions. not sure if I am lloking in the correct spot or if I should be looking somewhere else?

Edited May 6, 2008 by Boondocks

[pushbrk 12,569]

Thanks pushbrk,

I am also asking some of the Immigration Attornies that I have found thru Internet searches, but so far no one has replied back, but in defence to the some of Attornies I have asked, it has only been a couple of days since I started inquiring with them. I am hoping that I can get this information on here, because the first couple of inquires with Attornies that request a consultation fee and would not provide answers unless I did this or retained them.

I just do not want to get my friends hopes up or start paying out fees, if others have been thru this situation "US man-Russian woman with minor child", and they can give me some accurate info and insight into the (possible) problems we are facing. I think if push comes to shove we can get the ex-husbands permission, but want to know for sure if this will be 100% necessary.

The appropriate US Consulate will answer your question without charge. That's the clear authority you need. Ask them directly by stating specifically what documentation is currently available, ask if it is sufficient and if not, what is needed. Then take their answer at face value and literally.

You can ask using email. Just check their website for how to do so.

do you have a website address I am looking at http://www.usembassy.gov and it gives a list of US embassies world wide, so I clicked on the Moscow, and do not see anywhere to ask specific questions. not sure if I am lloking in the correct spot or if I should be looking somewhere else?

http://moscow.usembassy.gov/concont.html

Read this too.

http://moscow.usembassy.gov/immigrant_visa...n-fiancees.html

Edited May 6, 2008 by pushbrk

[rin and john 71]

Start here;

http://www.visajourney.com/consulates/inde...&cty=Moscow

edit: Pushbrk beat me to it. His would be a better one to start with!

Edited May 6, 2008 by rin and john

[Boondocks 0]

Thanks pushbrk,

for the link, I assuming will I need to use their emal address, and ask my questions this way.

We both would like a little piece of mind in knowing one way or the other what is necessary, so we can discuss at lengthy and understand what is needed and base our decisions and where this relationship will go from there.

If anyone has been thru a situation like this or similar with a Russian woman please, post and let me know what is needed, so we both can decide what is best for all parties involved, most importantly what is best for the child.

[Boondocks 0]

Thanks pushbrk,

I am also asking some of the Immigration Attornies that I have found thru Internet searches, but so far no one has replied back, but in defence to the some of Attornies I have asked, it has only been a couple of days since I started inquiring with them. I am hoping that I can get this information on here, because the first couple of inquires with Attornies that request a consultation fee and would not provide answers unless I did this or retained them.

I just do not want to get my friends hopes up or start paying out fees, if others have been thru this situation "US man-Russian woman with minor child", and they can give me some accurate info and insight into the (possible) problems we are facing. I think if push comes to shove we can get the ex-husbands permission, but want to know for sure if this will be 100% necessary.

The appropriate US Consulate will answer your question without charge. That's the clear authority you need. Ask them directly by stating specifically what documentation is currently available, ask if it is sufficient and if not, what is needed. Then take their answer at face value and literally.

You can ask using email. Just check their website for how to do so.

do you have a website address I am looking at http://www.usembassy.gov and it gives a list of US embassies world wide, so I clicked on the Moscow, and do not see anywhere to ask specific questions. not sure if I am lloking in the correct spot or if I should be looking somewhere else?

http://moscow.usembassy.gov/concont.html

Read this too.

http://moscow.usembassy.gov/immigrant_visa...n-fiancees.html

Yes have read the info on the one link before and did again with this post but it does not state anything as far as required doc for the child-- ie if the father needs to sign an affidavit or something similar for the minor child to leave the country., but I definitly appreciate all of your help, and if you do run into something that specificly states info pertaining to my situation I will be even more grateful.

[pushbrk 12,569]

Thanks pushbrk,

I am also asking some of the Immigration Attornies that I have found thru Internet searches, but so far no one has replied back, but in defence to the some of Attornies I have asked, it has only been a couple of days since I started inquiring with them. I am hoping that I can get this information on here, because the first couple of inquires with Attornies that request a consultation fee and would not provide answers unless I did this or retained them.

I just do not want to get my friends hopes up or start paying out fees, if others have been thru this situation "US man-Russian woman with minor child", and they can give me some accurate info and insight into the (possible) problems we are facing. I think if push comes to shove we can get the ex-husbands permission, but want to know for sure if this will be 100% necessary.

The appropriate US Consulate will answer your question without charge. That's the clear authority you need. Ask them directly by stating specifically what documentation is currently available, ask if it is sufficient and if not, what is needed. Then take their answer at face value and literally.

You can ask using email. Just check their website for how to do so.

do you have a website address I am looking at http://www.usembassy.gov and it gives a list of US embassies world wide, so I clicked on the Moscow, and do not see anywhere to ask specific questions. not sure if I am lloking in the correct spot or if I should be looking somewhere else?

http://moscow.usembassy.gov/concont.html

Read this too.

http://moscow.usembassy.gov/immigrant_visa...n-fiancees.html

Yes have read the info on the one link before and did again with this post but it does not state anything as far as required doc for the child-- ie if the father needs to sign an affidavit or something similar for the minor child to leave the country., but I definitly appreciate all of your help, and if you do run into something that specificly states info pertaining to my situation I will be even more grateful.

I did look some more but I think your best bet is a skillfully crafted email.