Russian fiancée has child, but ex wants keep child in Russia

[millefleur 5,047]

Thank you to everyone who has replied. I appreciated your comments, speculation and opinions on ancillary topics, but my question remains: "What permission is needed for her to take their child with her, on our Fiancée Visa?"

You need to call a lawyer. Even if someone on this forum had a similar situation, the laws might've changed since then or there might be some slight difference in your case vs. theirs that would make their advice to you not that useful.

This seems to be out of the realm of "fiance visa" and more in the realm of "family law"....the Embassy in Moscow has a list of lawyers, I'd suggest picking up a copy and making some calls for consultations. While it's great that you are trying to help out your fiancee to get her what she wants (her kid with you in the US), this is a deal under Russian law with her and her ex-husband. So, talk to the lawyer and find out what the options are. It's a really complex situation and a little bit beyond the bounds of the DIY guides on this website.

Edited September 27, 2016 by millefleur

[Boosya 3]

You have filed the K1, so what is the plan if the child can not come, go to the Father?

Our plan is for me to commute to work from Russia each month, spending a week or two there each month. We'll see how things look with permission in six months, when our Visa is nearing approval.

[Unlockable 7,315]

Hi,

Sorry for your situation. You will need the father's written consent for his daughter to migrate to the US. There is any official government document for it. It will most likely be a notarized letter stating the agreement for the child to live with the mother in the US.

I know people are talking about brides and such but I am going to be real. If he is so upset that his ex-wife and child wants to move to the US that he acted the way he did then no amount of bribery will make him change his mind. He has joint custody. This is going to be a long and tedious process. One that might pass the amount of time for the fiance visa to be approved. You and your fiance will have to prepare for the fact that the permission for his daughter to migrate may not come (at least no time soon).

Have her file the complaint for the hit. Seek legal counsel versed in family law. And be prepared.

Good luck to you.

[millefleur 5,047]

Hi,

Sorry for your situation. You will need the father's written consent for his daughter to migrate to the US. There is any official government document for it. It will most likely be a notarized letter stating the agreement for the child to live with the mother in the US.

I know people are talking about brides and such but I am going to be real. If he is so upset that his ex-wife and child wants to move to the US that he acted the way he did then no amount of bribery will make him change his mind. He has joint custody. This is going to be a long and tedious process. One that might pass the amount of time for the fiance visa to be approved. You and your fiance will have to prepare for the fact that the permission for his daughter to migrate may not come (at least no time soon).

Have her file the complaint for the hit. Seek legal counsel versed in family law. And be prepared.

Good luck to you.

Agreed. While Russia is corrupt in many ways, bribes are not always the answer here. You need to have a serious back up plan (or many back up plans) if things don't immediately go your way. Lawyers in Russia can have some power and influence, and that is why it's imperative to find a good and experienced one for your situation.

[gregcrs2 1,778]

You have already received good advice above, about getting legal advice in Russia. A consent letter, if obtainable, should be done thorough legal channels. About your commuting plans, it will be a big help in developing your relationship but can also put you and your fiance in harm's way. His violent behavior could be unpredictable. Plus since relations between our two governments are at such all time lows, everything will be an uphill battle for you. I wish you luck. Please be careful.

[NuZayetsPogodi 117]

Thank you to everyone who has replied. I appreciated your comments, speculation and opinions on ancillary topics, but my question remains: "What permission is needed for her to take their child with her, on our Fiancée Visa?"

Your question was answered multiple times. Just because the answer isn't what you wanted, doesn't make it an non-answer.

Edited September 27, 2016 by NuZayetsPogodi

[Georgia16 2,858]

Thank you to everyone who has replied. I appreciated your comments, speculation and opinions on ancillary topics, but my question remains: "What permission is needed for her to take their child with her, on our Fiancée Visa?"

Child needs it's own visa can't come on "your Fiancé visa" and they will not issue the child a visa if there isn't permission.

You might want to get that before filing for K-1/K-2 so it won't stop the process at the embassy.

[Ash.1101 1,756]

You need the fathers premission, through the legal channels. A document approved by all parties stating that the child can migrate to the US.


This is one reason I didn't move to Canada, as it probably would have been the over all better choice for us, but my daughters father and I have joint custody. I'm the main provider, as her father sees her usually a day or two a week, but there's no way he'd ever let her move out of the country, and I also wouldn't want to keep them apart since he is her father and he hasn't done anything to warrant not seeing her.


And yes, as others are saying, the child will have it's own visa as well. The child can't just hop the airplane because the mother has a visa, the child needs one as well. And as long as there's a father in the picture, your fiance will need his permission legally, to allow the child to gain a visa to migrate.

Edited September 27, 2016 by Ash.1101

[Amy_and_Victor 159]

Thank you to everyone who has replied. I appreciated your comments, speculation and opinions on ancillary topics, but my question remains: "What permission is needed for her to take their child with her, on our Fiancée Visa?"

You've got responses from a few people. You need written child's father consent, better if notarized. Without father's consent in this situation I don't see any way your fiancee can take child with her because father has equal rights to see and be around his growng child, especially if they have joint custody. Simply being a mother doesn't give your fiancee any (legal or moral) rights for a sole decision over child's life or depriving a father right to participate in child's life. You need to find way to try to convince the child's father to give such permit - talk with him all together, bribe, explain that child has better chances for a good future in the US than in Russia... depends on the situation and his relationship with child.

- Victor from Russia

Edited September 28, 2016 by Amy_and_Victor

[Boosya 3]

My fiancee and I thank everyone who has taken time to write these thoughtful replies!

Update: The ex is providing child support only through coercion (money taken out of his paycheck by employer), visits the child occasionally for a few hours on some weekends for fun time at a playground or for pizza, and has yelled loudly at and hit both the child and ex within the past couple months. My fiancee was told by a lawyer that this level of domestic violence is not sufficient to argue for full custody.

My fiancee has spoken with the ex several times recently about signing for travel permission to USA, but to no avail. Despite our offers to pay for flights to/from Russia for the child, so that he could spend summers with her--and also relieving him of financial responsibly--he still refuses. He's happy with the current arrangement of short visits, and no serious parenting when he's in the mood.

We are proceeding with the Fiancee Visa despite that he's made a travel ban (outside of Russia) for the child.

My fiancee wants to interview in Moscow with her 5 year old child, get the Fiancee Visa and K2 visa for her child, then travel to another country with which Russia has a visa-free travel agreement. Then, she would get on a flight with her child from that intermediary country and fly to the USA on the Fiancee and K2 Visas, thereby circuventing the travel ban.

Does anyone see a problem with this strategy such that she would not be able to fly from the intermediary country, or to be admitted into the USA?

Both of us thank the VJ community in advance for your time and expertise!

Sincerely,

David & Vasilisa

[Boiler 45,756]

I thought Child Kidnapping is a Felony.

Other than that, no.

[Unlockable 7,315]

You are asking for a lot of trouble with that plan my friend. You think the father is going to let that go? You think your fiance is untouchable once she hits US soil?

If the father has evidence that he did not agree to his daughter traveling outside of his country and you do it he can legally ask for an investigation be brought against your fiance. Even if she is in the US.

I see it being a huge legal mess. But it sounds like you are gonna do what you want to do anyway. Laws and rights be damned.

Edited November 7, 2016 by NuestraUnion

[Boiler 45,756]

Child has a travel ban so he would not have to prove anything, the act itself is sufficient. Does beg the question also about a passport.

[Dashinka 24,649]

Correct me if I am wrong, but would they even issue a K2 visa for the child without the proper consent from the father?

[Pitaya 2,577]

The OP has received numerous appropriate legal responses to their often-asked question.

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