Father Not to be Found - K2

[iliad5000 0]

My fiancee, Natasha, is from Ukraine. She has a six year old daughter. Her father is no longer in contact with them, and has not been since birth.

Does anyone have any tips or info, as I doubt w will be able to reach him.

Is Ukraine similar to US, where if the father is not on the birth certificate then they in essence have no rights?

I would actually be interested in using an attorney on this part, as I have a suspicion it might get tricky.

Any tips?

[Phil & Alla 26]

The first question-- is there a father listed on the birth certificate? If no one is, there is no problem.

If the father is listed on the birth certificate, you will have to have a letter of consent (which has to be notarized with a copy of his passport information page) from the father allowing the child to leave the Ukraine. The easiest way is going to be to track down the father. If he will not consent then comes the challenge, pressure from family and friends sometimes works, but also money can in some cases. If he has not paid any child support to her, he is liable for the amount since separation --a good ploy is to re-leave him of this and any future child support if he consents. She can go to court but if the father contests it in any way it will be a long, costly battle that will most likely never be won, the Ukrainian law is way different than here when it comes to child custody.

As far as a lawyer, I would make every attempt to resolve this yourself, I met with my wife's ex and jumped through a lot of hoops, it took 6 months but we got him to sign the letter.

[C-ma'am 684]

I moved your post to the RUB forum (Russia, Ukraine & Belarus) because this sort of question is country specific and it will be best addressed here.

I have also deleted the double post that was created on the K1 forum.

[baron555 934]

My fiancee, Natasha, is from Ukraine. She has a six year old daughter. Her father is no longer in contact with them, and has not been since birth.

Does anyone have any tips or info, as I doubt w will be able to reach him.

Is Ukraine similar to US, where if the father is not on the birth certificate then they in essence have no rights?

I would actually be interested in using an attorney on this part, as I have a suspicion it might get tricky.

Any tips?

Search back a few pages on this forum as we just recently discussed this in explicit detail. If there is no father listed, then you're good to go. If a father is listed, then you need to get him unlisted or get a notarized letter from him with exact wording. This can be a big deal but no lawyer is needed. Search back and then ask questions, if you have any after your research.

[iliad5000 0]

Search back a few pages on this forum as we just recently discussed this in explicit detail. If there is no father listed, then you're good to go. If a father is listed, then you need to get him unlisted or get a notarized letter from him with exact wording. This can be a big deal but no lawyer is needed. Search back and then ask questions, if you have any after your research.

I did search back, so thanks for the obvious. Perhaps the wrong forum, but regardless, didn't get the results. Besides, it's nice to have "dialogue" .;..

[Phil & Alla 26]

I think this is the thread Baron was talking about, http://www.visajourney.com/forums/topic/396217-k-2-visa-problem-in-the-birth-certificate-of-my-ukrainian-fiancees-son-the-name-of-the-father-is-a-fake-name/page__p__5777878__fromsearch__1#entry5777878, But this is if there was no one listed on the birth certificate.

If the father is listed, let me know and I can try to help you a bit better

Edited December 12, 2012 by Phil & Alla

[Martyshk 137]

I did search back, so thanks for the obvious. Perhaps the wrong forum, but regardless, didn't get the results. Besides, it's nice to have "dialogue" .;..

Not for nothing, but you won't get better answers on any other forum on VJ. This IS the place for it.

Also, the thread was on page 2 of the forums, as Phil pointed out. Read it.

Another point - you gave half a story with your question and still has not elaborated to the problem. Advice will be given, don't worry about it, but people here need to hear the whole thing (i.e. father on bc or no father on bc)

[baron555 934]

Here's a couple of threads, listed subject may not match but the discussion is the same. Read.

Father & BC link

Another Father on BC link

[Phil & Alla 26]

This is from the K1 Instructions from the Embassy'd website, http://photos.state.gov/libraries/ukraine/895/pdf/k_instructions.pdf

TO OBTAIN A VISA FOR A CHILD UNDER 16 ONE OF THESE IS REQUIRED:

- Court decree granting sole custody to the parent applying for a U.S. visa; OR

- Notarized consent letter from the left-behind parent permitting the permanent residency of the child in the U.S. WITH a photocopy of left-behind parent’s passport ID page (to confirm identity and signature of the person granting permission); OR

- Death certificate, if the other parent is deceased; OR

- The left-behind parent may appear in person to sign the consent statement.

Personal appearance of the non-immigrating parent is, however, an option for those families who wish to choose it.

If the left-behind parent is not in Ukraine, s/he should have his/her consent letter notarized at the nearest Ukrainian or U.S. Embassy/consulate in the country where s/he is located, and then submit that notarized statement with a photo-copy of his/her passport ID page. The parent should send the documents to the visa applicant.

If the immigrating parent cannot locate the other parent (e.g., if they have been estranged for many years), then s/he should obtain a Ukrainian court decree establishing that s/he has custody/control of the child or a court decree pronouncing the other parent missing.

[baron555 934]

it's nice to have "dialogue" .;..

You'll get that....welcome to the RUB forum. Please tell us about you guys !!

[Gary and Alla 3,694]

My fiancee, Natasha, is from Ukraine. She has a six year old daughter. Her father is no longer in contact with them, and has not been since birth.

Does anyone have any tips or info, as I doubt w will be able to reach him.

Is Ukraine similar to US, where if the father is not on the birth certificate then they in essence have no rights?

I would actually be interested in using an attorney on this part, as I have a suspicion it might get tricky.

Any tips?

If his name is not on the birth certificate, no worries. Proceeed.

If his name IS on the birth certificate then get a family pracitce or general practice attorney in Ukraine to file a petition for sole custody with the court that granted the divorce.

That's the law. Now for the "tips"

You are the man. The man is the head of the family. He is responsibe to protect the family and if the Ukrainian woman is a Ukrainian woman worth marrying then her child is MOST important. You will have to settle for being number 2 (number 3 if she has a dog)

It is YOUR job to protect her child.

That means you do NOT file the I-129f until she has in her hand all the documents she needs to proceed through immigration until the end and make her child a US citizen.

If that is a birth certificate with no father's name, go for it now! If his name IS on the BC, wait until you get the court document you need.

YES, it will delay you being together for a few weeks, months, whatever.

So what?