Need father approval to bring son on K-2

[spectec 12]

My fiancée has a three year old son who we are bringing to the USA on a K-2 visa. In the Ukraine consulate section on this site it states:

"TO OBTAIN A VISA FOR A CHILD UNDER 16 ONE OF THESE IS REQUIRED: 1) Physical presence of both biological parents; 2) Court decree giving one parent sole legal custody of the child; 3) Death certificates, in case one of the parents is deceased."

I have read elsewhere that all we need is a notarized letter from the father stating he agrees his son can travel and reside in the USA. Does anyone have experience at the Ukraine consulate with this? Do we need a copy of his passport photo page? Any help is appreciated.

[Gary and Alla 3,694]

My fiancée has a three year old son who we are bringing to the USA on a K-2 visa. In the Ukraine consulate section on this site it states:

"TO OBTAIN A VISA FOR A CHILD UNDER 16 ONE OF THESE IS REQUIRED: 1) Physical presence of both biological parents; 2) Court decree giving one parent sole legal custody of the child; 3) Death certificates, in case one of the parents is deceased."

I have read elsewhere that all we need is a notarized letter from the father stating he agrees his son can travel and reside in the USA. Does anyone have experience at the Ukraine consulate with this? Do we need a copy of his passport photo page? Any help is appreciated.

If you continue reading you will see that there is an exception to "1" if you have a notarized letter from the father, with English translation, AND a copy of his passport photo and signature page (internal passport will work) Keep copies of these thing swith you when you travel ALWAYS

The letter MUST specify that the children have permission to relocate to the UNITED STATES on a PERMANENT basis and I strongly suggest that you word the letter for future visits as well. You will need this letter EACH TIME the children visit and leave Ukraine, even after they have green cards, until age 16. If they are over age 16 you do not need this letter BUT you do need a police certificate for them.

Even if the father were willing to appear at the interview you would still need the letter for ach time you degart Ukraine with the children

There are no exceptions to this. They must have one of those three things or they will not issue a visa.

Our youngest turned 16 this year...

[Gary and Alla 3,694]

Disclaimer...I will also note that my answer is KIEV specific and other countries and consulates may have different rules, check with the consulate you will use.

The OP is using the Kiev consulate, we used the Kiev consulate. My answer is not necessarily applicable to others.

I also suggest that you get the necessary letters BEFORE filing the petition. If there is any problem with getting them it is MUCH better to negotiate from a position of strength and not from a position of "Please, we need this for Tuesday!" Yeah, good luck with a Ukrainian ex-husband with that one.

[spectec 12]

Guess I should have read better. I didn't see the exception. We didn't get it sooner because I thought this type of letter might have an "expiration time". Thanks for your help.

Disclaimer...I will also note that my answer is KIEV specific and other countries and consulates may have different rules, check with the consulate you will use.

The OP is using the Kiev consulate, we used the Kiev consulate. My answer is not necessarily applicable to others.

I also suggest that you get the necessary letters BEFORE filing the petition. If there is any problem with getting them it is MUCH better to negotiate from a position of strength and not from a position of "Please, we need this for Tuesday!" Yeah, good luck with a Ukrainian ex-husband with that one.

Edited December 6, 2011 by spectec

[Gary and Alla 3,694]

Guess I should have read better. I didn't see the exception. We didn't get it sooner because I thought this type of letter might have an "expiration time". Thanks for your help.

No expiration per se, since it must read for PERMANENT relocation. Get it ASAP. It is not unusuale for Ukrainian fathers to be AWOL until they discover their ex-wife is "getting something" and they want something too. I assure you he assumes his ex-wife has hit the jackpot and will be a "rich woman" in the USA. Settle it now.

We had the letter drafted by a Ukrainian attorney (they are quite cheap) and specified that it also covered future travel, just in case. we never had a rpoblem while the boys were under age 16. This year they did not even aks for it.

[spectec 12]

Any chance you will share the wording to this letter you have? We have "leverage" I will call it to get the letter from him so I don't think it will be an issue. My fiancée doesn't want to get it until we get our NOA2 in fear of being laughed at by her ex if we don't get approved. I explained to her it's more likely that we would get denied at the interview if at anytime during this but it's difficult sometimes to change a Ukrainian womans mind or should I say convince. No insult intended.

No expiration per se, since it must read for PERMANENT relocation. Get it ASAP. It is not unusuale for Ukrainian fathers to be AWOL until they discover their ex-wife is "getting something" and they want something too. I assure you he assumes his ex-wife has hit the jackpot and will be a "rich woman" in the USA. Settle it now.

We had the letter drafted by a Ukrainian attorney (they are quite cheap) and specified that it also covered future travel, just in case. we never had a rpoblem while the boys were under age 16. This year they did not even aks for it.

[Gary and Alla 3,694]

Any chance you will share the wording to this letter you have? We have "leverage" I will call it to get the letter from him so I don't think it will be an issue. My fiancée doesn't want to get it until we get our NOA2 in fear of being laughed at by her ex if we don't get approved. I explained to her it's more likely that we would get denied at the interview if at anytime during this but it's difficult sometimes to change a Ukrainian womans mind or should I say convince. No insult intended.

The fact she has ANY fear of her ex's reaction means "get it now" At any rate there is little chance of being denied and there will not be a lot of time between the NOA2 and the interview. Alla was the opposite, she would not take the first step until she knew the children could come

I also wish to correct a mistake. Kiev has dropped the requirement for a translation if the letter is written in Ukrainian or Russian

I will see if I can paraphrase the wording, I will not post the orignal letter as there is a lot of personal information in it.

[spectec 12]

I just spoke with my fiancée and she has agreed to get it now. I told her about our conversation. Thanks so much. I would appreciate a general wording if you get time.

The fact she has ANY fear of her ex's reaction means "get it now" At any rate there is little chance of being denied and there will not be a lot of time between the NOA2 and the interview. Alla was the opposite, she would not take the first step until she knew the children could come

I also wish to correct a mistake. Kiev has dropped the requirement for a translation if the letter is written in Ukrainian or Russian

I will see if I can paraphrase the wording, I will not post the orignal letter as there is a lot of personal information in it.