ex-husband's permission for child to leave the country?

[isleta521 5]

I do not really have any advice but we are more or less going through the same thing in Brasil - we unfortunately are learning as we go. My fiancee has always had custody, and paid for everything for hr son but we still need his signature. We think he will sign very soon . but if he does not then we will get a lawyer or she will talk to a judge to get his passport, she feels very confident either way.

I think every country and even every case is always different. Hope the best to all of you that are going through this type of hell. Like it is alreaady hard enough.

[lisa71 0]

jaylen_brit is correct in saying that this what US Immigration NEEDS. It doesn't really matter what the law in your fiance's country states. The US Govt. wants to ensure that the K1 Visa holder has the legal right to take a child to reside in the US.

[Chuckles 0]

jaylen_brit is correct in saying that this what US Immigration NEEDS. It doesn't really matter what the law in your fiance's country states. The US Govt. wants to ensure that the K1 Visa holder has the legal right to take a child to reside in the US.

You contridict yourself fairly badly here... You state it doesn't matter what the law is in the fiance's country and then say the US government wants to ensure the Visa holder has the legal right to take the child. They have to have legal rights in their country.

So yah, this really has everything to do with Russia's laws and nothing to do with anywhere else.

[bwaaderant 0]

jaylen_brit is correct in saying that this what US Immigration NEEDS. It doesn't really matter what the law in your fiance's country states. The US Govt. wants to ensure that the K1 Visa holder has the legal right to take a child to reside in the US.

You contridict yourself fairly badly here... You state it doesn't matter what the law is in the fiance's country and then say the US government wants to ensure the Visa holder has the legal right to take the child. They have to have legal rights in their country.

So yah, this really has everything to do with Russia's laws and nothing to do with anywhere else.

[bwaaderant 0]

WOW!! I came home from work and was surprised by the amount of replies. I thank you all from the bottom of my heart for your help, not just with this questions, but with all advice/experiences I've read about on here.

Anyway, she doesn't have a passport for her daughter, her daughter is included on my fiancee's passport. As for her ex, yeah, my finacee and I have discussed the money/bribery thing...lol If it comes to that. But I think he will be happy to not have his wages garnished anymore for the child support and will willingly sign any papers put in front of him. My fiancee is less convinced, and of course she does know him far better than I do.

The funny thing about this question is that until recently she was the manager of a marriage agency and even she doesn't know exactly what the answer is. I've told her to write something up with the help of lawyer friends, and present it too him ASAP. If we don't need it, fine, if we do, well, we will have it available. Also I'd like to know RIGHT NOW if he is going to cause any problems, rather than find out later that he will do all he can to make her life miserable...again

Again, thanks for everyone's advice, and if there is someone with this same experience with a Russian fiancee I would love to hear about your experience. Especially if it was successful!

[PorknBeanz 0]

bwaaderant,

You might want to do a search on www.rwguide.com. It's more focused on FSU issues and I remember reading a few stories about this situation on that site.

[bwaaderant 0]

bwaaderant,

You might want to do a search on www.rwguide.com. It's more focused on FSU issues and I remember reading a few stories about this situation on that site.

Okay, thanx! I will be waking my fiancee in a few hours with her wake up call and she will want to know what I have found out. Did I mention that not only am I her fiance, but I am also her concierge?? lol I'm much more reliable than her alarm clock, and I love listening to her sleepy voice when I wake her up. I miss being with her. :-((

[Cristy 4]

jaylen_brit is correct in saying that this what US Immigration NEEDS. It doesn't really matter what the law in your fiance's country states. The US Govt. wants to ensure that the K1 Visa holder has the legal right to take a child to reside in the US.

Legal right can mean sole custody. In Canada if I have sole custody I require nothing from their father.

[samantha2699 0]

Ive'd read in a book about custody of the minor child. Although the mother is the primary custodian, she must get the written permission from the father so that it can pass through immigration with no problems.

GOOD LUCK..

[goldie 0]

Ive'd read in a book about custody of the minor child. Although the mother is the primary custodian, she must get the written permission from the father so that it can pass through immigration with no problems.

GOOD LUCK..

sorry, but it still depends totaly from wich country the child comes, lived, the embassy of the interview will be. i am from switzerland and i informed myself now completly. the court where i was divorced, 2 diffrent lawyers: IF THE MOTHER OF THE KID HAS SINGLE CUSTODY, IT MEANS AS WELL SINGLE RESIDENTIAL RIGHT, SO SHE CAN GO WITH THE KID WHEREVER SHE WANTS.

i mailed the embassy, and they sayed nothing about agreement from the father. so, finally, it really depends all about the law of the country where the kid, fiancee, father, ect.. comes from. it makes sense, then, if there is a problem, the father ( in my case) will go to the court here in switzerland to get the kid, and the law will count from here.

[dmd01708 3]

Even though I have full custody of my son his father has parental responsability (yeah right aint that supposed to mean he pays child support hahaha), since I had court papers showing I had full custody I did draw up a permission to leave document for my Ex to sign (which he did after a talk with our son) just incase it was needed.

Me saying I wanted childsupport and more access for my son to see his dad seemed to do the trick and he signed as he didnt want any more finacial burden (new family/home etc he has with his fiance)

It was one of the first things that the embassy asked for when I was handing over my sons stuff at our interview.

Donna

[Welshcookie 17]

jaylen_brit is correct in saying that this what US Immigration NEEDS. It doesn't really matter what the law in your fiance's country states. The US Govt. wants to ensure that the K1 Visa holder has the legal right to take a child to reside in the US.

You contridict yourself fairly badly here... You state it doesn't matter what the law is in the fiance's country and then say the US government wants to ensure the Visa holder has the legal right to take the child. They have to have legal rights in their country.

So yah, this really has everything to do with Russia's laws and nothing to do with anywhere else.

I kind of figured it had everything to do with the laws of the country you are trying to enter.....If immigration ask for written permission from the other parent then so be it....

[tmma 467]

In my case, my fiancee's ex-husband had always said he would give permission, but when it came time to sign the papers, he wanted $15,000 cash.

Good luck. I hope it works out for you.

Sheesh That's extortion!

[bwaaderant 0]

I thank you all for you advice, it has given us a lot to think about. I emailed the embassy and ask them if the permission is required. Their reply was that we should get it just in case it's asked for. What kind of answer is that?? There is no requirement for it, but the case officer might ask for it? So it's up to him/her?? My fiancee says that Russian law doesn't require the permission, but they still might ask for it at the point of departure. What???

Jiminy Christmas! No one seems to know, even people who have already gone through the process....lol Some were asked for it, others weren't. Hello, Embassy, can we have a final decision made on this subject?? Anyway, it's seems more people didn't need it as opposed to those who did need it. We've decided, rightly or wrongly, to go through this process and try to get the visa and her on a plane without his permission. She has told me stories about him, and I don't think that he will be too eager to sign any papers. And personally I think she is afraid to ask him, he has already attacked her and her mother once, in front of HIS child. Her mother broke his nose, hee hee, and the police laughed at him when he tried to report it as an assault.

My fiancee's brother and his friends have volunteered to convince her ex to sign the paper, but I don't know anything about that. I'd rather not go that route, I'd rather do things above board and legally. But, hmm, sometimes "ya gotta do, what ya gotta do", I don't mean physical violence or threats, I mean getting her, and her daughter, out of there without his permission. I think he does have a right to know that his daughter has left the country, even if he couldn't care less about her. But if we are successful then we shall send him a letter basically saying "oh, by the way, your daughter now lives in America". That probably means they will never be able to visit Russia again, but my fiancee feels that is no great loss.

Anyway, wish us luck, and if there is anyone who went through the Embassy in Moscow, and your fiancee had a child, I would still like to hear your thoughts and experience. Thanx all!

[PorknBeanz 0]

Bwaaderant

I wish you the best, but I think you’re making a mistake. From what I’ve read, she may not be asked for a permission statement in Russia, but she will almost certainly be asked for a permission statement at the POE. In that case they’ll be denied entry, she’ll have to take a long depressing flight back to Russia and face her ex anyway, you’ll have to file another K1/K2, and wait another 6 months. I just don’t think a 5% chance that US Immigration is going to forget about a permission statement, is worth all the downside.

Like I’ve said before, I got lucky. But when I had problems with my fiancées ex giving permission, I traveled to Ukraine to confront him. He wanted $15,000 and I offered to put $20,000 into a college fund for his son. There was also the implied threat that asking the police to break his legs would only cost a few hundred dollars and if I had to pay for a death certificate (real or fake), I’d still have enough money leftover for a nice vacation with his ex and her son.

I think your lady needs to talk to a Russian lawyer and you should talk to a US immigration lawyer and find out about every conceivable angle to this so you both can make an informed decision. FYI, A Foreign Affair has a link to a US immigration attorney who has also practiced as a lawyer in Russia. She might be able to give you better advice.