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Posted

Yeah, after reading info that people have sent to me, and reading other websites and such, I think you are right that we should get his permission after all. But I will speak to an immigration attorney and have her do the same, I don't want to go playing with fire and do something stupid that will delay this process even more. I want her here yesterday!! lol

  • 3 weeks later...
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Posted
Its the same in the UK - tho really its what the US embassy/immigration NEEDS (which in most cases seems to be a notartised letter stating permission is given, where parents were married) not what the country of origin law is - tho in the case of the UK its the same thing, lol

I guess we have a conclusion............contact the embassy. The London embassy states quite clearly what's needed for the interview in London which includes the permission from the birth Father. You will need whatever the embassy you will interview at is asking for - the US do not want to facilitate kidnapping charges if they allow you to enter without the Father's permission. It's better for all concerned if you dot your i's and cross your t's. Whatever you do, try not to appear desperate to him. Good Luck.

I feel Good...........like the moon is shining just for me!

N-400 Naturalization Timeline

Eligible in November 2012

Posted

I did contact the US Embassy in Moscow, the email I got back from them basically said "Hmm, gee, that's a good question. You should get the permission for her ex just in case the interviewing officer asks for it" That answer tells me that they don't really know, or it's not required unless the interviewing officer asks for it. Straightforwardly vague. It's not listed on the Embassy's website as being a requirement like it is on other US Embassy's in other countries. Russia didn't sign the child abduction treaty and it's not a requirement under Russian law that the ex's permission is required. But they could ask for it at the airport when she tries to leave.

So you can probably see why we're a bit frustrated. Ask 10 different people and get 12 different answers. Ask the Embassy and they just shrug their shoulders. Some people have been asked for this paper giving the ex's permission and others haven't been asked for it. We are 99.999% sure that he won't give his permission if we ask him for it. Not that he has any interest in the child. he would just deny her his permission out of spite. And we are afraid that if we do ask him for it all it will do is tip him off that she is leaving the country and he will just reach into his uncle's deep pockets, run to court, bribe the judge again, and prevent her from leaving.

We are going to talk to an immigration attorney in Russia to see what options we have, but for right now we are planning on trying to get the visa, and get her and her daughter here without his permission. That's kind of a messed up thing to do since he is her father and does have a right to know where she is, etc., but right now there are no other attractive options.

Filed: Timeline
Posted

Can you not see about coming to some sort of compromise with the father? You said it yourself, it's pretty messed up to try to do it behind his back. And you never know what sort of reprocussions this could cause.

I know it's almost an impossible situation, but I hope everything works out for you!

Posted
Can you not see about coming to some sort of compromise with the father? You said it yourself, it's pretty messed up to try to do it behind his back. And you never know what sort of reprocussions this could cause.

I know it's almost an impossible situation, but I hope everything works out for you!

The last time she tried to get him to compromise on something he attacked her, her mother, and their child on the street. Her mother broke his nose and he went to the police station to file assault charges on her, the police laughed at him.

But that was a couple of years ago, and he has a new family now, but my fiancee still seems to think that it is hopeless to try and get his permission. I want her to talk to an attorney, and she is looking for one.

  • 1 month later...
Filed: K-1 Visa Country: Vietnam
Timeline
Posted

I am hoping someone can give me some information that can help me bring my fiancee's son with her when she comes to the US. We are running out of time, and he still hasn't signed the paper. Can she take him to court and the court will decide where the child will live. She has full custody, but he has visitation rights. Her son has lived with her his whole life. She is from Vietnam, and I don't know where to tell her to go for the courts to give her permission. Any advice is appreciated.

I-129F Timeline:

03-10-06 - Sent I-129F to USCIS

03-15-06 - NOA1

03-25-06 - NOA2 Approval

08-28-06 - Interview!!!

11-22-06 - Got the Visa!!!

AOS Timeline:

02-08-07 - I-485 sent

02-14-07 - NOA1 (Sent to Missouri)

03-06-07 - Biometrics Appointment

03-07-07 - Transferred to CSC

05-03-07 - Card Production Ordered Email

05-10-07 - Green Card In Hand

Removal of Conditions Timeline:

03-05-09 - I-751 sent

03-09-09 - NOA1 (1 yr Extension)

04-08-09 - Biometrics

07-09-09 - Card Production Ordered Email

07-17-09 - Green Card In Hand

I-130 Filing for Step-Son

11-30-09 - Received at USCIS

12-04-09 - NOA1

03-01-10 - NOA2

03-05-10 - NVC Case # Assigned

03-09-10 - NVC Mailed DS-3032 and AOS Bill

03-12-10 - Emailed DS-3032 to NVC

03-13-10 - Received Email from NVC stating they received DS-3032 (Also received AOS Fee Bill and DS-3032 in the mail)

03-14-10 - Paid Affidavit of Support Fee and IV Bill online

03-16-10 - NVC Website updated to PAID for both fee's

03-17-10 - Petitioner and Agent received emails to further proceed with case

08-05-10 - NVC Case Completed

10-27-10 - Interview PASSED

10-28-10 - Picked up Visa

Mike (United States) & Huong (Vietnam)

Filed: K-1 Visa Country: Ukraine
Timeline
Posted

We are in the same boat... fiance's ex is in Belarus, fiance in Crimea. It is clear that the US services will not permit child to enter USA without documentation that satisfies their concerns over "kidnapping". I have already asked my fiance to try and obtain a court order that the father has abandoned the child. IMO that is the best route as against trying to "negotiate" an approval from the father.

08-20-2004 First letter from my Princess

01-01-2005 Birthday celebrations in Simferopol

07-23-2005 Return to Crimea - Vacation on the beaches of Yalta & Koktebel with Valentyna

01-01-2006 Celebrate another Birthday of my Princess in Yalta

01-06-2006 Engagement!!

04-20-2006 Send I129F to NSC

04-21-2006 I129F received - NOA1

04-26-2006 touched

06-01-2006 touched (CSC transfer)

06-02-2006 touched

06-03-2006 touched

06-15-2006 touched (another NOA1 receipt date?!)

06-23-2006 RFE issued (according to form notice date)

06-26-2006 touched

06-29-2006 RFE mailed from CSC (according to postmark)

07-07-2006 RFE received in mail

07-15-2006 touched

07-19-2006 RFE response mailed to CSC by USPS Express

07-20-2006 USPS confirms AM delivery of RFE response to CSC

07-27-2006 Official RFE response receipt acknowledged by email

09-01-2006 touched - NOA2 received

09-05-2006 email notice of NOA2 approval

11- -2006 two days of interview concluded - decision withheld

03-31-2007 second interview

07- -2007 K1 received on return to CSC

Filed: K-1 Visa Country: Canada
Timeline
Posted

My experience....

I have custody or my 3 kids. Their father has visitation rights to the oldest one but not to the younger 2. He has never used his right to see him. He has been gone for 10+ yrs. I do not know his location.

I was originally told by Vancouver consulate I only needed to have custody, however I can't apply for a passport without his fathers permission because it has visitation.

I called family court and got information....lawyers were of no help.

I am currently in the process of filing an exparte request for substitutional service. Basically asking the court for permission to serve someone who does know his location to serve him. There is another option if nobody knows his location.

Once that is done and he is served I go to court and ask for a variance to the order, taking the visitation rights off.

I would suggest calling the family court in your area and/or seeing if there is a maintenance or custody variance department who can assist you.

*January 24 2006 - mailed in I129-F petition

*January 25 2006 - I129-F received at CSC

*January 30 2006 - packet returned.....arggggggggg we forgot one signature!!

*January 31 2006 - sent I129-F back to the CSC, hope we did not forget anything else

*February 1 2006 - I129-F received at CSC again

*February 3 2006 - NOA1

*April 20 2006 - NOA2!!!!!

*April 24 2006 - Touched!

*May 15 2006 - NVC received petition today!

*May 17 2006 - Case left NVC today!!

*May 30 2006 - Received Packet 3 from Vancouver!

*May 30 2006 - Faxed back Packet 3!!

*June 6 2006 - Received packet 4!

*June 20 2006 - Medical in Saskatoon

*June 28 2006 - Interview in Vancouver!!

*June 28 2006 - GOT THE VISA!!!*June 30 2006 - Moving day!

*July 3 2006 - Home at last!!

*July 28 2006 - married!

*September 13 2006 - Mailed AOS/EAD package

*September 25 2006 - Received NOA for AOS/EAD

*October 6 2006 - Biometrics appointments

*October 10 2006 - Touched!

*October 19 2006 - Transferred to CSC!

*October 26 2006 - Received by CSC

*October 27 2006 - Touched

*October 28 2006 - Touched again

*October 31 2006 - Touched again

*November 2 2006 - Touched again

*November 3 2006- and another touch

*November 7 2006- touched

*November 7 2006 - My case approved, still waiting for kids!

*November 8 2006 - Touched my case again

*November 13 2006 - Greencard arrived...yeah I can work!

*November 14 2006 - Touched my case again

*January 2007 - RFE for kids Greencard.

*February 2007 - kids medical and sent in RFE

*February 2007 - Received kids greencards

 
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