K-2 visa problem: In the birth certificate of my Ukrainian fiancee's son, the name of the father is a fake name.

[rajtheflister 0]

When applying for K-2 visa, I understand that my fiancee will need her son's biological father to sign a statement that gives up his parental right and let the child migrate to the US. When the child was born, the father didn't want to take any responsibility. Taking advice from others, my fiancee made up a fake name for the baby's father on the birth certificate. Now she can still ask the biological father to sign a statement to give up his parental right but his name is not going to match what's on the birth certificate. I am sure this will raise a red flag during the interview with the US Embassy in Kiev. What should we do? I'd greatly appreciate advice from any applicants who have had similar experience.

[baron555 934]

When applying for K-2 visa, I understand that my fiancee will need her son's biological father to sign a statement that gives up his parental right and let the child migrate to the US. When the child was born, the father didn't want to take any responsibility. Taking advice from others, my fiancee made up a fake name for the baby's father on the birth certificate. Now she can still ask the biological father to sign a statement to give up his parental right but his name is not going to match what's on the birth certificate. I am sure this will raise a red flag during the interview with the US Embassy in Kiev. What should we do? I'd greatly appreciate advice from any applicants who have had similar experience.

From my knowledge, it's a deal breaker. You need the father's letter and the only way to cooraborate that the person signing the letter is the true father is via the BC. She needs to get a new BC and THEN you file the petition. DO NOT even bother filing anything yet until this is totally resolved. Money will help the process.

I've asked the MOds to mvoe this to the RUB regional forum since is this is very country specific and there are VERY knowledgeable folks there that will give you the straight honest answer.

This is major.

[Krikit 1,164]

Moving from K-1 Process to RUB regional forum.

[SMR 368]

Baron may be right about this one. However, I might also speculate that since the real father's name is not on the birth certificate, he presently has no parental rights. You might also attempt to adjust the birth certificate to show no father. If no father is stated, you might not need a letter. This is just speculation.

[baron555 934]

Baron may be right about this one. However, I might also speculate that since the real father's name is not on the birth certificate, he presently has no parental rights. You might also attempt to adjust the birth certificate to show no father. If no father is stated, you might not need a letter. This is just speculation.

No it is true that one can have a BC with no father listed.....my wife's son has the same and yes therefore no letter can be obtained since there is no father to sign one.

Gary and Alla will weigh in when Gary can and I am sure they will need to get a new BC, regardless.

DO NOT proceed with any petition filing until this is all vetted out and signed and sealed.

In Ukraine, is there is a father listed, then one must have a document (either the notarized letter or a death cert.)

Also the notarized letter has specific wording that is required, the child will need to show this letter each and every time they wish to leave Ukraine until they are 16, regardless of the US GC in their other hand.

[SMR 368]

No it is true that one can have a BC with no father listed.....my wife's son has the same and yes therefore no letter can be obtained since there is no father to sign one.

That's what I'm getting at. If the father listed is not real, it might be more straightforward to get that changed to no father listed, rather than changing it to the real father and then getting him to sign something. If he's not listed and not married to the mother, he isn't the father legally. If he hasn't been involved in the child's life up until now, why give him the opportunity to rake you over the coals?

If he's a decent guy and the relationship with him is important for the kid then you might try to work with him. Otherwise, it's probably not necessary or worth it.

[1HappyGuy 45]

Gee fake father? Maybe need a fake death certificate.

I guess "Honesty is the best Policy" is not a well known or understood saying.

[Gary and Alla 3,694]

When applying for K-2 visa, I understand that my fiancee will need her son's biological father to sign a statement that gives up his parental right and let the child migrate to the US. When the child was born, the father didn't want to take any responsibility. Taking advice from others, my fiancee made up a fake name for the baby's father on the birth certificate. Now she can still ask the biological father to sign a statement to give up his parental right but his name is not going to match what's on the birth certificate. I am sure this will raise a red flag during the interview with the US Embassy in Kiev. What should we do? I'd greatly appreciate advice from any applicants who have had similar experience.

Go to ZAGS and explain this, it is very common in Ukraine. They will give her a "certificate of no father" (for lack of better translation). Get it translated and present this for the child. Happens very often. Alla has translated many of these documents.

[Gary and Alla 3,694]

No it is true that one can have a BC with no father listed.....my wife's son has the same and yes therefore no letter can be obtained since there is no father to sign one.

Gary and Alla will weigh in when Gary can and I am sure they will need to get a new BC, regardless.

DO NOT proceed with any petition filing until this is all vetted out and signed and sealed.

In Ukraine, is there is a father listed, then one must have a document (either the notarized letter or a death cert.)

Also the notarized letter has specific wording that is required, the child will need to show this letter each and every time they wish to leave Ukraine until they are 16, regardless of the US GC in their other hand.

No new birth certificate needed. Go to ZAGS they will fix it up. Alla has one of these herself as she has "no father" and her mother needed it in order to give permission for all parent things for Alla when she was a young girl. Alla still has it. we actually attached it to the I-129f as we answeered the G-325a with "unknown" for father information. Probably overkill, but who cares?

[Gary and Alla 3,694]

From my knowledge, it's a deal breaker. You need the father's letter and the only way to cooraborate that the person signing the letter is the true father is via the BC. She needs to get a new BC and THEN you file the petition. DO NOT even bother filing anything yet until this is totally resolved. Money will help the process.

I've asked the MOds to mvoe this to the RUB regional forum since is this is very country specific and there are VERY knowledgeable folks there that will give you the straight honest answer.

This is major.

Not a problem in Ukraine. Thsi is very common. Alla's mom did this for Alla. Go to the Ministry of Internal Affairs (ZAGS) they are familiar with this. They usually give the "certificate of no father" they MAY change the birth certificate. Let them make the call. Alla has translated a lot of the "no father" certificates for K visa applicants. It is quite common.

[Phil & Alla 26]

I hope Gary and Alla never leave this site Good info!!!!!!!

[rajtheflister 0]

Thank you so much everyone for your inputs! A big thanks to Gary and Alla. I was really worried for a while.

[Gary and Alla 3,694]

Thank you so much everyone for your inputs! A big thanks to Gary and Alla. I was really worried for a while.

Good luck!

Baron is right though...get this done and then file the petition. Get everything you need,we even got the police certificate, before filing the petition. Best not to start down this road if you do not have everything you need, especially with kids involved! This should be fairly simple.

[jft 12]

My fiance says that her son's father has legally given up his parental rights. Is this sufficient or will she still need him to send a letter? If so is there an example somewhere? By the way what's a "BC"? I'm going to be seeing her soon to and we'll do the G325A paperwork and such but if I can help inform her of upcoming issues like this it would be helpful as the whole process is arcane and mysterious to her.

BTW fiance's birth certificate has a fake name on it. I plan to fill out the G325A with "Unknown" for the father because she says that her mother doesn't know who it was (or at least isn't talking). Any potential issues here?

[Gary and Alla 3,694]

My fiance says that her son's father has legally given up his parental rights. Is this sufficient or will she still need him to send a letter? If so is there an example somewhere? By the way what's a "BC"? I'm going to be seeing her soon to and we'll do the G325A paperwork and such but if I can help inform her of upcoming issues like this it would be helpful as the whole process is arcane and mysterious to her.

BTW fiance's birth certificate has a fake name on it. I plan to fill out the G325A with "Unknown" for the father because she says that her mother doesn't know who it was (or at least isn't talking). Any potential issues here?

It is not sufficient. There needs to be a court document to establish this OR a letter from him giving permission to relocate the child permanently to the USA.

You do not fill out a G-325a for the child. ONLY for the fiancee. On the I-129f you ONLY list the child there is NO other procedure for the child at this point.

If the name on the BC is fake then she needs to get it changed or get a certificate of no father. If the name is fake, there is no "father"

This needs to be settled BEFORE you file the I-129f. Things can take a long time in Russia, there is a child involved, you need to get everything in order before you start this process or you will end up like many people with the documents you need for your fiancee but not for her child. Get it done first. I can tell you I would not consider marrying a woman that did not care about her children first and my wife would not marry a man that did not care about the children first