Child Custody for a K-2 Visa in Ukraine

[sniknuh 0]

I have just started the K-1 process. My fiance has a 7 year old from a previous marriage. She divorced right after he was born and the child has lived with her his entire life. The ex husband lives out of the country and has only visited his son sporadically. She was never specificallly granted sole custody. My questions are:

1. Does the father have to agree and sign documentation allowing the immigration or is it her right by default as she has been the sole custodial parent?

2. What recourse do I have if he chooses to be difficult?

3. Do we have to do anything as I have read other posts stating that this topic might not even be addressed in the interview?

Any help is much appreciated!

Edited July 2, 2015 by sniknuh

[irina_frank 3]

I have just started the K-1 process. My fiance has a 7 year old from a previous marriage. She divorced right after he was born and the child has lived with her his entire life. The ex husband lives out of the country and has only visited his son sporadically. She was never specificallly granted sole custody. My questions are:

1. Does the father have to agree and sign documentation allowing the immigration or is it her right by default as she has been the sole custodial parent?

2. What recourse do I have if he chooses to be difficult?

3. Do we have to do anything as I have read other posts stating that this topic might not even be addressed in the interview?

Any help is much appreciated!

If her ex husband is in her son's Birth Certificate then yes, she needs notarized document with his signature that he allows his kid to go abroad. If he doesn't agree she has to go to the court and get full custody for the kid. It can take long time-- about 5-6 months in a better case. So it's better that he agrees, it will be faster. Maybe he will want some money for that. You will pay and get the needed papers.

These papers are in the list of required things at the interview.