K1 and bringing children

[dallasguy7 0]

My fiance has two children who will come with her when she comes. One is 20 and I do not expect problems with his father. But the other is 6 and I am worried that his father will try and cause problems for her if she tries to leave. They are coming from Russia and I am looking for any knowledge or advice on this.

Thanks

[michellek1976 0]

I have asked a similar question on VJ before. I was advised by several members that I would need a notorized letter from my daughter's father stating I have custody and outlining the arrangements we have made.

I have no idea of Russian law, but in Australia without the father's permission I would have to apply for a court order. When I did some research on this for Australia, I came to understand that I judge can decide who the child should live with, but they cannot place restrictions on when the parents live.

Perhaps you should contact a family law attorney in Russia?

[raymaga 25]

The children's biological father will have to give his permission for your fiance to remove them from their home country, unless she has "full custody".

If she has joint custody, then she will need to get his permission notarized before she will be able to bring them with her to the U.S. with K-2 Visas.

Good luck.

[Saddle Bronc 124]

On the 20-year-old, a note of caution; due to the time taken for the K-1/K-2, it is possible for him to "age out" (turn 21, and become ineligible for derivative child I-485 petition).

[Chuckles 0]

This is from the Moscow embassy website, and I can confirm this is true and current for Russia.

"Attention! If the immigrating parent does not have a document showing he/she has full legal custody of the child, the child immigrating with the parent may be required to submit the other parent’s notarized statement that he/she gives full permission for the child to leave Russia for the purpose of immigration to the United States meaning the stay is permanent and not temporary.

All original documents must be accompained by photocopies and English translations. If the original documents are in Russian, there is no need to have the translations notarized.

"

http://moscow.usembassy.gov/consular/consu...cord_id=fiancee

[travlnmannn 0]

I just went through this situation with my fiance's son and father as well. With some convincing he finally signed the document that his son is free to immigrate to the US. It's very different in Russia and you shouldn't have a problem with this. Just have your fiance explain to him that it's better for his child. Good luck to you

[Lizzy 0]

I to had to get a statement saying that my daughters father was willing to let her come and live in the US with me.

I had to get a letter drawn up by a lawyer, notorised and signed by her daddy.

Fortunatly i have a real good friendship with her daddy still and it was all ok for me.

[JoeDog 0]

I have a what if for you all...

What if my fiancee, who does not yet have the notarized document from the father, gets her K-1 and comes to the US? I know there will be no K-2 issued.

Say on a return trip, perhaps on advanced parole, we entice the father to create one of these documents. Would the child (3 yrs old) be eligible for follow-on? Would it take my then wife getting her AOS complete and then filing a I-130 ?

Clearly it is best to get these documents before hand.

JoeDog

[1HappyGuy 45]

It is important that you list all children on your I-129F petition. You could have a problem if the time for approval passes the 20 year old child's next birthday. I am trying to fix a foul up in my application because my lawyer left her son off the initial application. Now I'm playing email tag with the embassy in Kiev to find out how we correct this. Regarding the younger child, unfortunately some fathers use this tactic not so much out of concern for their child but more as a way of extorting money from the wife and her soon to be husband. A hundred dollar bribe might work pretty well, but be cautious. Payment is only upon delivery of notarized document. Make sure your fiancee understands this. It is not pretty, but it is a fact of life from the former soviet countries.

I recommend you start working on the paperwork immediately. The notarized affadavit is not needed until such time as the approval out of the USCIS service center is completed. For you, time is of the essence. Also, prepare the oldest one for the possible bad news. If she turns 21 before the visa is issued, she's stuck in Russia for quite a long time.

You might find it beneficial to utilize an attorney to expedite things. But as a practical matter your window of opportunity is shrinking daily. I've been told that the processing time for visas in Russia is now going slower than it was in past years. Don't know why.

[Mew 0]

http://moscow.usembassy.gov/consular/consu...cord_id=fiancee

If the immigrating parent does not have a document showing he/she has full legal custody of the child, the child immigrating with the parent may be required to submit the other parent’s notarized statement that he/she gives full permission for the child to leave Russia for the purpose of immigration to the United States meaning the stay is permanent and not temporary.

Edited September 7, 2006 by Mew

[dallasguy7 0]

Thanks for all the input from you folks. I should have mentioned in the first post that the 20 year old boy is 19 now and will be 20 in February. I expect he will not have any troubles coming. Also my fiance has full custody of the child and this is reflected in the divorce papers.