Fathers permission needed for Child to come to USA..

[Brian & Lena 0]

My fiancee lives in Ukraine and has a 5 year old son from a previous marriage. They split up before the child was born. The Father has never seen or talked to his son even though the boy still carries his last name. We have been trying to locate him unsuccessfully. Last we heard he went somewhere in Russia for work. How do we get consent from someone we can not find? What is the best approach to this matter?

[YuAndDan 153]

What does divorce decree indicate, mother has full custody of child?

If mother has full custody, then I believe no consent needed from a parent that has no custody.

Moving this to the Embassy Consulate forum.. This is not an issue when filing the I-129F petition, it is an issue at the time of visa interview...

[A.S 0]

My fiancee lives in Ukraine and has a 5 year old son from a previous marriage. They split up before the child was born. The Father has never seen or talked to his son even though the boy still carries his last name. We have been trying to locate him unsuccessfully. Last we heard he went somewhere in Russia for work. How do we get consent from someone we can not find? What is the best approach to this matter?

I agree with posting # 2 and Just to be safe, go to the local court or government office and have them issue a letter stating the father has not paid any child support and his residency is unknown? I think this will help you during the interview process. It is better to plan now for your interview and I think you’re on a right path by having all the necessary proofs in hand.

[Gary and Alla 3,694]

My fiancee lives in Ukraine and has a 5 year old son from a previous marriage. They split up before the child was born. The Father has never seen or talked to his son even though the boy still carries his last name. We have been trying to locate him unsuccessfully. Last we heard he went somewhere in Russia for work. How do we get consent from someone we can not find? What is the best approach to this matter?

If the father is listed on the birth certificate then you will NEED to get his permission or you will need to have a court order of sole custody, either in the original divorce or you can file for one now if it is not in the original divorce.

She should speak to her Ukrainian attorney.

You WILL need one or the other or they WILL NOT give the child a visa. This is something we cleared up and had in order before we filed the petition. You will need this permission EACH time she leaves Ukraine with the child in the future, until the child is age 16.

[Gary and Alla 3,694]

I agree with posting # 2 and Just to be safe, go to the local court or government office and have them issue a letter stating the father has not paid any child support and his residency is unknown? I think this will help you during the interview process. It is better to plan now for your interview and I think you’re on a right path by having all the necessary proofs in hand.

In Ukraine IT DOES NOT MATTER if he paid child or ever saw the child, be very clear about this. IF he is the father listed on the birth certificate, you will need either a letter specifically allowing her to move the child to the USA on a PERMANENT basis or a court ORDER allowing her to do so without the permission of the father. Ukrainian courts are VERY reluctant to give this order.

Since they were split up before the child was born there is a chance the father is not listed on the birth certificate, even though the child has his name. If he is not listed as the father, you can get a "certificate of no father" from ZAGS in Ukraine. That is also acceptable.

Otherwise, find him and pay him if necessary to sign the letter.

[leith@Ievgeniia 8]

it is true if there is a father on birth ceritificate you need a release. track him down and offer bengermins! cash works fast in ukraine! and you get it done in few hours or a day. if he does not want to sign the release have his alternative ready, with child support and back pay, and if they put one in jail there for this have him ready to be arrested! make it simple he has one choice. get some dead presidents or have one miserable life going forward!

[misterbigtoe 45]

Had to look this tread up again as it was relevant in our CR1 interview yesterday in Mongolia.

In the interview the consular officer noted that my wifes divorce decree grants her full custody of our 4 year old son by her prior marriage. C.O. asked if the sperm donor has had any contact with our son and my wife truthfully answered that the few times that a visit has been requested she has allowed it. The C.O. asked why and the answer was that our son is old enough to know that there was a different "father" in his past and that he and I are so closely bonded that it can do no harm to our family unity. The consular officer then clarified the progression of custody between my wife and her ex. Again, she answered truthfully that prior to the decree the ex. had maintained custody through threats of kidnapping. The C.O asked if her ex knew that she and our son were immigrating and the answer was no. The C.O. said that though it is not required we should notify him that we are moving to the US "so that you can avoid potential problems down the road"

Not sure what was meant by the last bit, particularly when the ex has made threats to abduct the child from his mothers custody.

Anyway, that was the focus of our interview and the immigrant visas were approved.