Permission from biological father needed to enter USA?

[pilotdude 1]

Hi everyone,

My fiance and her six year old daughter have their K-1 /2VISAs to leave Russia and come to USA next week. The biological father of the six year old has refused to give my fiance written permission to remove the child from Russia. My fiance is scared that a Custom's Official may deny them entrance to USA without written permission. Any thoughts? thanks!

[Enigma11561 336]

I am a bit surprised that she got the K-2 visa without the fathers permission in the first place. But she did. I will stand corrected by others, but once you have a visa, that should be it. I have not heard of people checking for permission at the POE. The issue may be more leaving Russia than arriving in the US.

[baron555 934]

Hi everyone,

My fiance and her six year old daughter have their K-1 /2VISAs to leave Russia and come to USA next week. The biological father of the six year old has refused to give my fiance written permission to remove the child from Russia. My fiance is scared that a Custom's Official may deny them entrance to USA without written permission. Any thoughts? thanks!

If she has her visa, then she is good to go. That is all she needs to enter the US; the Embassy would have been the one that may have required that but since then issued a visa, then all is fine.

Stop on by the RUB regional forum and meet some very nice folks who like to share our tales of life in the US.

[pilotdude 1]

Thanks for you quick replies. The father is deadbeat, and hasn't been involved in the child's life since birth. Still, he managed to recently sue her successfully to cover half his gambling debts incurred during their marriage. Ah, the benefits of marriage!

Edited January 10, 2012 by pilotdude

[b_fowler 0]

My wife had to deal with the same issue when she left Russia, she ended up telling the father (He wasn't in her life either, until maybe the year before they left, and even then it wasn't much) that he could take responsibility for the child then. It was difficult, but generally they only want to give them problems, the father may be looking for a payout (a way to get money) to agree to let the child go. This is really a difficult subject, but you fiance should know what kind of guy he is and what he really wants to let the child leave the country. I can only tell you of my experiences and what my wife and I had to deal with.

- After my wife pressed him to take our daughter, he relented, because he didn't really want the responsibility of a child. (If he does want it then this may not work, of course).

After he relented, my wife went to a notary and had a document drawn up giving her permission to take her daughter out of the country and had him sign - to cover herself.

Hope this helps!!

Edited January 10, 2012 by b_fowler

[pilotdude 1]

Congratulations! Did any Customs Agents request to see that document when she traveled?

Edited January 10, 2012 by pilotdude

[baron555 934]

Congratulations! Did any Customs Agents request to see that document when she traveled?

You know, folks in similar situation have to present it at the Ukraine border before being allowed to leave the country, every time. Russia may be the same. I'll have the mods move this to the RUb regional forum where you'll get the straight answers from people in the know.

My son doesn't have a father and so no letter required.

[Penguin_ie 5,992]

*** Moving from K1 to RUB forum for country specific info ****

[Enigma11561 336]

My wife was given full custody of her son when she got divorced. Her son was only a few years old and his father lived in another country. I sent that in with our original filing but was never asked again. But he was over 18 when he came here so maybe age was an issue.

[SMR 368]

Законодательно вопросы выезда детей за границу и въезда в иностранные государства регулируются федеральным законом Российской Федерации от 15 августа 1996 г. N 114-ФЗ "О порядке выезда из Российской Федерации и въезда в Российскую Федерацию" и законами стран, куда дети едут отдыхать самостоятельно или с одним из родителей.

Выезду детей за границу посвящены статья 20, статья 21 закона "О порядке выезда из Российской Федерации и въезда в Российскую Федерацию:

Статья 20. Несовершеннолетний гражданин Российской Федерации, как правило, выезжает из Российской Федерации совместно хотя бы с одним из родителей, усыновителей, опекунов или попечителей.

В случае, если несовершеннолетний гражданин Российской Федерации выезжает из Российской Федерации без сопровождения, он должен иметь при себе кроме паспорта нотариально оформленное согласие названных лиц на выезд несовершеннолетнего гражданина Российской Федерации с указанием срока выезда и государства (государств), которое (которые) он намерен посетить.

Статья 21. В случае, если один из родителей, усыновителей, опекунов или попечителей заявит о своем несогласии на выезд из Российской Федерации несовершеннолетнего гражданина Российской Федерации, вопрос о возможности его выезда из Российской Федерации разрешается в судебном порядке.

Порядок подачи заявления о несогласии на выезд из Российской Федерации несовершеннолетнего гражданина Российской Федерации устанавливается Правительством Российской Федерации.

Basically, as long as one parent is with the child, no permission is required from the other parent. However, either parent can file with the government to prevent the other parent from removing the child from the country. In this case, the disagreement may go to court to determine whether or not the child can be removed. In short, you don't need his permission as long as he doesn't give his anti-permission to the government.

This is the law. That doesn't mean it is exactly what will happen on the border. Does the child have his own international passport or is he written into the mother's passport? If he is written into the mother's passport, I strongly doubt you will have an issue. Even otherwise, I wouldn't be too worried. Bring evidence that the mother is in fact the mother (birth certificate, etc.). Print out a copy of the law, just in case.

It's implied, of course, that he doesn't understand that he would actually need to place a hold on the child's departure for his dispute to mean anything. Just not giving permission is insufficient.

[james&olya 1,121]

My son doesn't have a father and so no letter required.

He does now, right?!!

[baron555 934]

He does now, right?!!

Yes but not officially. Only his mother is listed on his BC.

Just to update those who may not know/remember/cared at the time: Alla was granted official guardianship over Leonid when he was 6 months old after his real mother (her good friend) was killed in an auto accident. The real father signed away all his rights before he was even born. Alla then formally adopted him within the Russian system, and had to, prior to both being given visas to the US (she had to be listed as his mother before they would grant him a K-2). That process was the determining factor if we ever got together and could live out our dream to be together. After three continuances and numerous documents and medical poking and prodding, the final decision came down to one judge to grant the adoption; and the lady judge kept trying to convince my wife not to do it. If the judge ever found out that she was going to take him out of the country, she wouldn't have granted it. Our relationship was severely tried during these periods.....the entire visa process was a walk in the park compared. I'll always look up to my wife for her fortitude and persistence with this.....in majority part, just to be with me.

But yes, I am the only Papa he knows ....and needs.

Edited January 10, 2012 by baron555

[james&olya 1,121]

Законодательно вопросы выезда детей за границу и въезда в иностранные государства регулируются федеральным законом Российской Федерации от 15 августа 1996 г. N 114-ФЗ "О порядке выезда из Российской Федерации и въезда в Российскую Федерацию" и законами стран, куда дети едут отдыхать самостоятельно или с одним из родителей.

Выезду детей за границу посвящены статья 20, статья 21 закона "О порядке выезда из Российской Федерации и въезда в Российскую Федерацию:

Статья 20. Несовершеннолетний гражданин Российской Федерации, как правило, выезжает из Российской Федерации совместно хотя бы с одним из родителей, усыновителей, опекунов или попечителей.

В случае, если несовершеннолетний гражданин Российской Федерации выезжает из Российской Федерации без сопровождения, он должен иметь при себе кроме паспорта нотариально оформленное согласие названных лиц на выезд несовершеннолетнего гражданина Российской Федерации с указанием срока выезда и государства (государств), которое (которые) он намерен посетить.

Статья 21. В случае, если один из родителей, усыновителей, опекунов или попечителей заявит о своем несогласии на выезд из Российской Федерации несовершеннолетнего гражданина Российской Федерации, вопрос о возможности его выезда из Российской Федерации разрешается в судебном порядке.

Порядок подачи заявления о несогласии на выезд из Российской Федерации несовершеннолетнего гражданина Российской Федерации устанавливается Правительством Российской Федерации.

Basically, as long as one parent is with the child, no permission is required from the other parent. However, either parent can file with the government to prevent the other parent from removing the child from the country. In this case, the disagreement may go to court to determine whether or not the child can be removed. In short, you don't need his permission as long as he doesn't give his anti-permission to the government.

This is the law. That doesn't mean it is exactly what will happen on the border. Does the child have his own international passport or is he written into the mother's passport? If he is written into the mother's passport, I strongly doubt you will have an issue. Even otherwise, I wouldn't be too worried. Bring evidence that the mother is in fact the mother (birth certificate, etc.). Print out a copy of the law, just in case.

It's implied, of course, that he doesn't understand that he would actually need to place a hold on the child's departure for his dispute to mean anything. Just not giving permission is insufficient.

Very helpful information here! When we were at that stage of the process we could not find such a definitive answer and so we got a letter from my step-son's biologic father. Now I realize we didn't need it. It would be nice if this information was posted in a prominenet place in the guides for all of us that have had this question. Thank you SMR!

[Gary and Alla 3,694]

I am a bit surprised that she got the K-2 visa without the fathers permission in the first place. But she did. I will stand corrected by others, but once you have a visa, that should be it. I have not heard of people checking for permission at the POE. The issue may be more leaving Russia than arriving in the US.

I am also surprised they got the visa, however they need to go through passport control before leaving. It is not a matter of whether the US will allow them IN it is a matter of whether Russia allows them to LEAVE

In Ukraine you need the letter not ONLY to get the visa but each time a child under age 16 leaves the country, we had to show our letter for Pssha each time we left Ukraine until this year when he turned 16.

Russia has similar but not exactly the same rules.

Very helpful information here! When we were at that stage of the process we could not find such a definitive answer and so we got a letter from my step-son's biologic father. Now I realize we didn't need it. It would be nice if this information was posted in a prominenet place in the guides for all of us that have had this question. Thank you SMR!

And SMR has posted the differences which may make all the difference in your case. Thanks for the info SMR!

Edited January 10, 2012 by Gary and Alla

[Gene & Milena 0]

My wife has 11 year old daughter and we worried about that also. We went to embassy and I asked about that and was told by 2 different agents from homeland security on 2 diffent occations that the US doesn't require it but leaving the airport in Russia they my ask. In our case the father isn't in the girls life and is 3 years behind on child support so my wife told him she is coming to America to study so he signed the paper and I think he was happy to have them far from him. Unfortunitly its been 6 months and we still havn't gotten approval of our petition.