Permission letter

[Jauque 1]

My fiancee lives in Russia. She has a ten year old son. The father pays child support however has not seen child in six years. When contacted to sign letter of permission for son to leave country he refused. What are our options to argue this situation and do we absolutely need this letter? Very disturbing situation to say the least. Would love to hear from anyone with knowledge on this subject.

Is there a custody or mobility order? If there isn't than I would suggest you get one, this would solve all your problems. Having not seen the in 6 years it would be hard to imagine a judge that would grant even partial custody to the father.

[Richard Webb 0]

i have one for you all. what if mother has had child since birth,full custody.father lives in another country than her or the child?he sends her money each month but its not documented and he only trys to see the child one time a year.child is 13.the mother and child are in philippines,father is in japan.

Is the father's name on the birth certificate?

yes he is listed as father on it.but has no custody and only aknowledged he is father.

Edited June 15, 2009 by rwebb66

[JimVaPhuong 4,863]

i have one for you all. what if mother has had child since birth,full custody.father lives in another country than her or the child?he sends her money each month but its not documented and he only trys to see the child one time a year.child is 13.the mother and child are in philippines,father is in japan.

Is the father's name on the birth certificate?

yes he is listed as father on it.but has no custody and only aknowledged he is father.

Ok, that probably complicates things. If the father's name was not on the birth certificate then they would probably accept that the father is unknown, and would allow you to submit a K2 visa application without his permission.

All US embassies and consulates, as far as I know, require a notarized document from the other parent giving permission for the child to immigrate to the US. This is in compliance with international child abduction laws. They might accept the application without this if you can prove the biological father is dead, or that extraordinary efforts were made to locate him, but those efforts were unsuccessful.

You also have another problem. The government of the Philippines is also going to want you to obtain permission from the biological father before they'll let the child leave the Philippines.

I think your two options are to either get the father to cooperate and give you permission, or wait until the child is 18 and file a petition for a family first preference visa.

[Richard Webb 0]

i have one for you all. what if mother has had child since birth,full custody.father lives in another country than her or the child?he sends her money each month but its not documented and he only trys to see the child one time a year.child is 13.the mother and child are in philippines,father is in japan.

Is the father's name on the birth certificate?

yes he is listed as father on it.but has no custody and only aknowledged he is father.

Ok, that probably complicates things. If the father's name was not on the birth certificate then they would probably accept that the father is unknown, and would allow you to submit a K2 visa application without his permission.

All US embassies and consulates, as far as I know, require a notarized document from the other parent giving permission for the child to immigrate to the US. This is in compliance with international child abduction laws. They might accept the application without this if you can prove the biological father is dead, or that extraordinary efforts were made to locate him, but those efforts were unsuccessful.

You also have another problem. The government of the Philippines is also going to want you to obtain permission from the biological father before they'll let the child leave the Philippines.

I think your two options are to either get the father to cooperate and give you permission, or wait until the child is 18 and file a petition for a family first preference visa.

well turns out it will be more complicated than that.theres also 2 birth certificates for the child.the father was a married man and still is just not to the mother and on one of the birth certificates it says the mother and father are married. ugh

now she is trying to get the other one changed in the nso and show that they were never married cause he was already married at the time...etc etc.

she could just not attempt to bring the child for now until the papers are done in the courts then bring the child later.

if needed though she would ust tell him to sign or she will tell his wife lol and im sure he would sign.

Edited June 16, 2009 by rwebb66

[Gary and Alla 3,694]

i have one for you all. what if mother has had child since birth,full custody.father lives in another country than her or the child?he sends her money each month but its not documented and he only trys to see the child one time a year.child is 13.the mother and child are in philippines,father is in japan.

Is the father's name on the birth certificate?

yes he is listed as father on it.but has no custody and only aknowledged he is father.

Ok, that probably complicates things. If the father's name was not on the birth certificate then they would probably accept that the father is unknown, and would allow you to submit a K2 visa application without his permission.

All US embassies and consulates, as far as I know, require a notarized document from the other parent giving permission for the child to immigrate to the US. This is in compliance with international child abduction laws. They might accept the application without this if you can prove the biological father is dead, or that extraordinary efforts were made to locate him, but those efforts were unsuccessful.

You also have another problem. The government of the Philippines is also going to want you to obtain permission from the biological father before they'll let the child leave the Philippines.

I think your two options are to either get the father to cooperate and give you permission, or wait until the child is 18 and file a petition for a family first preference visa.

well turns out it will be more complicated than that.theres also 2 birth certificates for the child.the father was a married man and still is just not to the mother and on one of the birth certificates it says the mother and father are married. ugh

now she is trying to get the other one changed in the nso and show that they were never married cause he was already married at the time...etc etc.

she could just not attempt to bring the child for now until the papers are done in the courts then bring the child later.

if needed though she would ust tell him to sign or she will tell his wife lol and im sure he would sign.

Sounds like a mess. I do not know the details of Manilla requires, but whatever it is, it will HAVE to be addressed before the child gets a visa. NO, they will not let the child leave and fix it later.

As I stated earlier, in our case I studied the process through to the end (AOS) and we headed off any snags such as this before I sent the petition, even though it isn't necessary, I thought it better to clear the road before you start down it. You need to get this sorted out before you go for her visa. You do not want her to get issued a visa and not her child. Mothers tend not to like that situation and her visa could expire before you get it sorted out. If necessary you can get a delay in the interview until everything is ready.

Post your question separately in the regional forum and get some consulate specific answers

[Richard Webb 0]

i have one for you all. what if mother has had child since birth,full custody.father lives in another country than her or the child?he sends her money each month but its not documented and he only trys to see the child one time a year.child is 13.the mother and child are in philippines,father is in japan.

Is the father's name on the birth certificate?

yes he is listed as father on it.but has no custody and only aknowledged he is father.

Ok, that probably complicates things. If the father's name was not on the birth certificate then they would probably accept that the father is unknown, and would allow you to submit a K2 visa application without his permission.

All US embassies and consulates, as far as I know, require a notarized document from the other parent giving permission for the child to immigrate to the US. This is in compliance with international child abduction laws. They might accept the application without this if you can prove the biological father is dead, or that extraordinary efforts were made to locate him, but those efforts were unsuccessful.

You also have another problem. The government of the Philippines is also going to want you to obtain permission from the biological father before they'll let the child leave the Philippines.

I think your two options are to either get the father to cooperate and give you permission, or wait until the child is 18 and file a petition for a family first preference visa.

well turns out it will be more complicated than that.theres also 2 birth certificates for the child.the father was a married man and still is just not to the mother and on one of the birth certificates it says the mother and father are married. ugh

now she is trying to get the other one changed in the nso and show that they were never married cause he was already married at the time...etc etc.

she could just not attempt to bring the child for now until the papers are done in the courts then bring the child later.

if needed though she would ust tell him to sign or she will tell his wife lol and im sure he would sign.

Sounds like a mess. I do not know the details of Manilla requires, but whatever it is, it will HAVE to be addressed before the child gets a visa. NO, they will not let the child leave and fix it later.

As I stated earlier, in our case I studied the process through to the end (AOS) and we headed off any snags such as this before I sent the petition, even though it isn't necessary, I thought it better to clear the road before you start down it. You need to get this sorted out before you go for her visa. You do not want her to get issued a visa and not her child. Mothers tend not to like that situation and her visa could expire before you get it sorted out. If necessary you can get a delay in the interview until everything is ready.

Post your question separately in the regional forum and get some consulate specific answers

her child is ok with it if that is what has to happen for now and she is ok with it.the child would have all the family there plus my fiances mother and there all in same house so that is not a issue.but she has already been working on fixing the problem so no worries.