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

[jft 12]

Ok, finally figured out that "BC" is birth certificate :-). So let me get this straight, if my fiance (not her son) has a fake name on her birth certificate then that is an issue for the I-129F? How does one go about getting a "certificate of no father"? Since my fiance's paperwork is probably going to take several months to process before she'd need to produce her birth certificate is there any risk in filing the I-129F in late December if she requests the "certificate of no father" as soon as possible?

I will ask about the court document for her son and if it exists I will make sure to get a copy when I am there so I can check to make sure it's sufficient. If not then what exactly does the father's letter have to say? I assume it needs to be notarized?

[Gary and Alla 3,694]

Ok, finally figured out that "BC" is birth certificate :-). So let me get this straight, if my fiance (not her son) has a fake name on her birth certificate then that is an issue for the I-129F? How does one go about getting a "certificate of no father"? Since my fiance's paperwork is probably going to take several months to process before she'd need to produce her birth certificate is there any risk in filing the I-129F in late December if she requests the "certificate of no father" as soon as possible?

I will ask about the court document for her son and if it exists I will make sure to get a copy when I am there so I can check to make sure it's sufficient. If not then what exactly does the father's letter have to say? I assume it needs to be notarized?

Who has a fake name on the birth certificate? Your fiancee or her son?

IF it is your fiancee it is no issue at all. My wife has a fake father's name on her birth certificate, so what? She is an adult and does not need anyone's permission to leave the country. Her father's name is not material to whether she gets a visa or not We simply entered "unknown" for the information about her father on the G-325a.

IF your fiancee created a fake father's name for her son on her son's birth certificate, then she needs to get that corrected to "unknown" OR get a "certificate of no father" You get this from ZAGS (ministry of internal affairs) which handles all civil registrations, birth, death, marriage, divorce, etc. Your fiancee or one of her friends will know how to do it, it is quite common.

You cannot get a father letter from someone that is not listed as the father, so your last question is irrelevent according to what you have said.

If she has a court or order of sole custody then you do not need anything else.

[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.

You cannot present a letter from someone that is not the father. Period. The "biological father" is not the father, the fake name is the father, but there is no person with this fake name from which to get a letter. The letter also needs to be presented with the photo and signature page of the father's passport so you cannot just make up a fake letter to go with the fake father.

Correct the birth certificate or get a letter of no father. The letter of no father will state the name on the BC is fake and no permission will be needed beyond that. It is common practice in the FSU for women to make up fake names for BCs.

[jft 12]

You cannot present a letter from someone that is not the father. Period. The "biological father" is not the father, the fake name is the father, but there is no person with this fake name from which to get a letter.

Sorry, I think I am still not quite explaining things correctly. My fiance's son has a birth certificate with his correct father's name on it so I understand that we will need to get a letter and passport photo page copy from the father, this can be done. However my fiance herself has a fake name on her birth certificate. Does she need to get a "certificate of no father" for herself?

[baron555 934]

Sorry, I think I am still not quite explaining things correctly. My fiance's son has a birth certificate with his correct father's name on it so I understand that we will need to get a letter and passport photo page copy from the father, this can be done. However my fiance herself has a fake name on her birth certificate. Does she need to get a "certificate of no father" for herself?

No, she needs nothing since she is an adult.

Read back a bunch here on RUB for exactly what needs to be stated on the letter as it will be used at the interview and every time the child attempts to leave the country.

[Gary and Alla 3,694]

Sorry, I think I am still not quite explaining things correctly. My fiance's son has a birth certificate with his correct father's name on it so I understand that we will need to get a letter and passport photo page copy from the father, this can be done. However my fiance herself has a fake name on her birth certificate. Does she need to get a "certificate of no father" for herself?

No. When you fill out the G-325a for your fiancee, list her father's name as that on the birth certificate of your fiancee. For all other information regarding the father of your fiancee, enter "unknown"

She is an adult, she needs no permission to leave and the name of her father is not material to the issuance of a visa.

There is no template for the letter for the child but it needs to state that the father is aware of and does not object to the child being relocated to the UNITED STATES OF AMERICA for the purpose of PERMANENTLY residing there. I strongly suggest you add the wording that this permission is for the purpose of the issuance of a K-2 visa AND any and all future visits and exits from Russia. In Ukraine you need this letter for EACH time you leave the country until the child is age 16. We used the same letter for our youngest son until he turned 16. Ukraine is VERY STRICT about this.

The letter should be notarized and you need to include a copy of the photo and signature page of the father's passport (internal or international, either one)

Edited November 26, 2012 by Gary and Alla