K2 Document question

[kylejb 0]

Fiancee finally received the packet from the Embassy today. One of the papers stated she need to bring was written permission from the non-custodial parent (not sure if it said non-custodial, but that is what it meant) that her son would be allowed to immigrate to the US with her. It did not specifically state her son's namel, but just in general, and that this paper be notorized.

Well, my fiancee does have a notorized paper signed by her son's father (who does not live in Russia, and is not Russian) stating that she is his mother, and that she has the right to decide on his health, education, and where he lives and what country. It does not specifically state the word "immigrate" but as I said, it does state that she can decide where he lives. It was signed and notorized. She has had this paper for several years.

So my question is this. Will this document be satisfactory? The father is NOT on speaking terms and would not sign anything else just to spite all of this, so there is no asking him for anything. I think since it states very clearly that she gives her permission to decide where her son lives, that this would be ok.

Any thoughts?

[baron555 934]

Fiancee finally received the packet from the Embassy today. One of the papers stated she need to bring was written permission from the non-custodial parent (not sure if it said non-custodial, but that is what it meant) that her son would be allowed to immigrate to the US with her. It did not specifically state her son's namel, but just in general, and that this paper be notorized.

Well, my fiancee does have a notorized paper signed by her son's father (who does not live in Russia, and is not Russian) stating that she is his mother, and that she has the right to decide on his health, education, and where he lives and what country. It does not specifically state the word "immigrate" but as I said, it does state that she can decide where he lives. It was signed and notorized. She has had this paper for several years.

So my question is this. Will this document be satisfactory? The father is NOT on speaking terms and would not sign anything else just to spite all of this, so there is no asking him for anything. I think since it states very clearly that she gives her permission to decide where her son lives, that this would be ok.

Any thoughts?

Sounds like you're good to go. Bring the original, a copy of the original, and a translation into English.

[kylejb 0]

That is what I thought also, but just wanted someone else's opinon. Thanks!

[1HappyGuy 45]

I agree with Baron555, you should be okay with this. If your fiancee has any other documentation stating the child is her sole custody and that the father is not living in the country that will help to strengthen your position. It should not be a problem, but it is good to be prepared.

[Brad and Vika 129]

Based on what I have read here on VJ, you have all you need. Good luck!

[kylejb 0]

Here is what my fiancee translated from the Russian Document:

Hereby I give the consent that (Fiancee name) the mother of our minor son (Fiancee Son name) takes the responsibility for life and health of our child and carries out all the urgent decisions on defending the rights and legal interests of the child, including the matters of residence, education, medical interference in case of need, and puts in any applications and gets any necessary documents.

I also agree to our minor child’s (childs name again) travels from the Russian Federation to any country in the world, including the countries of Schengen Agreement, during the period from May, 14 2006 until his full age, accompanied by his mother (fiancee name again)

City of Moscow.

Date of doucment - 12th of May 2006.

The text of the consent is read out loud.

The text of the consent is translated verbally from Russian to English by an interpreter XXXX.

Signature of interpreter_____________________________signature

____________________________________________________________signature of father

City of Moscow.

Date of Signature - 12th of May 2006.

This consent is certified by me, a notary of Moscow …..

The consent is signed by the XX (country for where father is from) citizen (fathers name) in my presence. The identity is established. Capability is verified.

The authenticity of the signature of the interpreter who translated the text of this agreement verbally from Russian to English is witnessed. Interpreter’s identity is established.

Registered under number XXXXXX

[slim 1,525]

Is this her second K-1?

[kylejb 0]

Nope.. first and only.

[slim 1,525]

So she has a kid with an English-speaking father but wasn't able to make it out of Russia on that go-round???

Not trying to accuse her of anything, just stating the obvious that this is a HUGE red flag. I don't know your relationship and I don't know her or her motivations... just saying, make sure you're thinking with the right head and make sure this is the only red flag you see.

If she had a kid with a guy a while back and that guy happened to be from another country, so what. But, if she had a kid to try to get to another country and it didn't work out but now you're stepping in to "save them" from their horrible life.... you see where I'm going with this. Once again, not saying that's what's really going on, just saying be careful to rule out the possibility that it isn't.

[1HappyGuy 45]

Whoa Slim, That's a big assumption on your part. If Kylejb is willing to accept this woman with a child born out of wedlock that's a great step for him. It sounds more like the father is willing to do anything to distance himself from this woman and the child he fathered. Not exactly a ringing endorsement for that guy who decided he had enough fun and it was time to leave.

Hang in there Kylejb.

[baron555 934]

They are an OK couple, I can vouch for that.

They are only motivated to be with each other forever.

I believe you have all the bases covered, no problem.

[kylejb 0]

So she has a kid with an English-speaking father but wasn't able to make it out of Russia on that go-round???

Not trying to accuse her of anything, just stating the obvious that this is a HUGE red flag. I don't know your relationship and I don't know her or her motivations... just saying, make sure you're thinking with the right head and make sure this is the only red flag you see.

If she had a kid with a guy a while back and that guy happened to be from another country, so what. But, if she had a kid to try to get to another country and it didn't work out but now you're stepping in to "save them" from their horrible life.... you see where I'm going with this. Once again, not saying that's what's really going on, just saying be careful to rule out the possibility that it isn't.

WOW! Why do people always ASSUME the worst??? Listen, not that I should have to explain, but the GUY HAS NOTHING TO DO WITH THE BOY. HE IS A JERK. She tried with him and wanted a family. He was/is not interested. Was always pushing it off. Alot of people can father a child, but it takes a MAN to be a REAL FATHER. One who wants a commitment and the challenges of raising children. I raised 2 boys from the ages of 3 and 5 ALL BY MYSELF. Mother did not want anything to do with them.

The boys father never wanted to commit. Always would find an excuse. So, what was she to do? Continue to waste time on him? She tried, for 12 years with him. They never filed anything before.

Now we are together and trying, hoping and praying that all works out with our application. I know her committment level to me, and mine to her.

[visaveteran 1]

I am no expert but I did not read anything that clearly states the boy can immigrate to another country. I read the term "residence" and the term "travels" but nothing clearly about immigration. You may want to consult an immigration lawyer.

There are other issues ahead possibly...like adoption issues if you hope to adopt him at some point which would have advantages for him in the USA. And the real dad could have a change of heart at some point and want to visit his son. I don't know the boy's age but unless he will soon be an adult you need to cover all bases. Loosey goosey paperwork will not do the job when a slick lawyer is involved. Assume nothing. Get it cleared up now.

[kylejb 0]

I am getting to the point where I wish I had never asked this question... GEESZ.

Explain to me how you can establish a RESIDENCE without living somewhere? I did ask our immigration attorney, and she stated that she believed it was fine. Now, will the Embassy see other wise? I don't know. I am not going to draw lines in the sand. There is no point in contacting the BIOLOGICAL father as I have stated, he would NOT sign anything because he is a jerk. He would purposely not do it out of spite. So it is what it is and we will go from there. Not much else I can do.

The BIOLOGICAL father does not even call him. Has nothing to do with him. He is only 3 years old. So I am not worried if he has a change of heart or this or that... Just get them hear, and TOGETHER we will address any other issues that may arise.

[visaveteran 1]

I am getting to the point where I wish I had never asked this question... GEESZ.

Explain to me how you can establish a RESIDENCE without living somewhere? I did ask our immigration attorney, and she stated that she believed it was fine. Now, will the Embassy see other wise? I don't know. I am not going to draw lines in the sand. There is no point in contacting the BIOLOGICAL father as I have stated, he would NOT sign anything because he is a jerk. He would purposely not do it out of spite. So it is what it is and we will go from there. Not much else I can do.

The BIOLOGICAL father does not even call him. Has nothing to do with him. He is only 3 years old. So I am not worried if he has a change of heart or this or that... Just get them hear, and TOGETHER we will address any other issues that may arise.

If you ask for feedback, you'll get it. It's quite simple...take what you need (or want to here) and leave the rest. No sweat.

BTW, the bio father has rights and he does not need to be "dad of the year" to exercise them. You can always have a lawyer contact him and suggest he pay child support, that might stir him to sign some papers.