Belarus: is father permission required for child to permanently leave via K1

[HPPJ 3]

hi.

 

 

 

Question:

 

For Belarus, is a father's 'formal written permission' required for the child of my fiancée to come to America to live 'permanently' when she comes?  We are not sure if that will be asked for at some point in the process.

 

I have found numerous posts that say it depends on the country that the fiancée is coming from, but I do not know how to find that out for Belarus.  I have searched and searched but did not find anything specific to Belarus.

 

 

History:

 

My fiancee  currently has a formal document, signed by the father at the time of the divorce, that allows her to leave the country with her child (currently 13 years old) - but only for a period of time (no specifics as to how long they can be gone).  So, we are thinking that with that document she can come to America once the K1 is approved and bring the child (both are listed on all of the paperwork associated with the K1 application).

 

The child lives with my fiancée:  when she and her ex-husband got divorced it was decided (when they went to court) that the child would live with the mother.  My fiancée says that Belarus has no concepts of joint or shared custody.

 

 

 

 

Why I ask:

 

We do not think the father will stop the child from coming (though he does not know about all of this yet and we do not know for sure what he will think or do - he rarely goes out of his way to visit or ask about the child).    We are more concerned about what we need to have before my fiancée's interview, and before the trip to America via the K1 visa.

 

No mention of a formal document from the father is listed by the Warsaw embassy where she will be going for her interview (their website or the documentation that my fiancée received from the embassy).

 

Thanks in advance!

 

 

Edited January 20, 2018 by HPPJ

[payxibka 10,045]

Russia and Ukraine are both 16 where a letter is no longer required.  My guess is Belarus might be the same

[TBoneTX 45,304]

Try contacting the embassy of Belarus in Washington, DC.  Let us know what you learn.

[Lenchick 133]

14 hours ago, HPPJ said:

hi.

 

 

 

Question:

 

For Belarus, is a father's 'formal written permission' required for the child of my fiancée to come to America to live 'permanently' when she comes?  We are not sure if that will be asked for at some point in the process.

 

I have found numerous posts that say it depends on the country that the fiancée is coming from, but I do not know how to find that out for Belarus.  I have searched and searched but did not find anything specific to Belarus.

 

 

History:

 

My fiancee  currently has a formal document, signed by the father at the time of the divorce, that allows her to leave the country with her child (currently 13 years old) - but only for a period of time (no specifics as to how long they can be gone).  So, we are thinking that with that document she can come to America once the K1 is approved and bring the child (both are listed on all of the paperwork associated with the K1 application).

 

The child lives with my fiancée:  when she and her ex-husband got divorced it was decided (when they went to court) that the child would live with the mother.  My fiancée says that Belarus has no concepts of joint or shared custody.

 

 

 

 

Why I ask:

 

We do not think the father will stop the child from coming (though he does not know about all of this yet and we do not know for sure what he will think or do - he rarely goes out of his way to visit or ask about the child).    We are more concerned about what we need to have before my fiancée's interview, and before the trip to America via the K1 visa.

 

No mention of a formal document from the father is listed by the Warsaw embassy where she will be going for her interview (their website or the documentation that my fiancée received from the embassy).

 

Thanks in advance!

 

 

Yes, every US embassy requires a biological fathers consent for the child to immigrate to the states if there is no court order that the mother has the full custody. Notaries usually do it in the former Soviet countries. We sent it with I-130 petition but it was actually required at the interview. 

[Lenchick 133]

14 hours ago, payxibka said:

Russia and Ukraine are both 16 where a letter is no longer required.  My guess is Belarus might be the same

When was it? 

[Lenchick 133]

16 hours ago, HPPJ said:

hi.

 

 

 

Question:

 

For Belarus, is a father's 'formal written permission' required for the child of my fiancée to come to America to live 'permanently' when she comes?  We are not sure if that will be asked for at some point in the process.

 

I have found numerous posts that say it depends on the country that the fiancée is coming from, but I do not know how to find that out for Belarus.  I have searched and searched but did not find anything specific to Belarus.

 

 

History:

 

My fiancee  currently has a formal document, signed by the father at the time of the divorce, that allows her to leave the country with her child (currently 13 years old) - but only for a period of time (no specifics as to how long they can be gone).  So, we are thinking that with that document she can come to America once the K1 is approved and bring the child (both are listed on all of the paperwork associated with the K1 application).

 

The child lives with my fiancée:  when she and her ex-husband got divorced it was decided (when they went to court) that the child would live with the mother.  My fiancée says that Belarus has no concepts of joint or shared custody.

 

 

 

 

Why I ask:

 

We do not think the father will stop the child from coming (though he does not know about all of this yet and we do not know for sure what he will think or do - he rarely goes out of his way to visit or ask about the child).    We are more concerned about what we need to have before my fiancée's interview, and before the trip to America via the K1 visa.

 

No mention of a formal document from the father is listed by the Warsaw embassy where she will be going for her interview (their website or the documentation that my fiancée received from the embassy).

 

Thanks in advance!

 

 

They probably have this concept but the courts usually never issue the custody orders, because there is usually no arguments and children stay with a mum. I am sure it implies in the law that both parents are responsible for their child. That is how it is in Ukraine. I do not know why someone commented that they don't require the letter any more. Sole custody would be perfect but since in ex Soviet countries divorce certificates most of the time never mention anything about custody, that is why embassies require the parental consent.

I will attach the required documents from US embassy in Kiev. You asked about Belarus. I believe it should be the same requirements. To leave the country for travel, for example. is one thing but to immigrate is quite different. I don't know how the US embassy is going to take this. If it is easy to get that letter of consent from the child's dad, I would get it in case.

 

https://ua.usembassy.gov/wp-content/uploads/sites/151/Interview-checklist-K1.pdf

[payxibka 10,045]

11 minutes ago, Lenchick said:

 I do not know why someone commented that they don't require the letter any more. 

 

https://ua.usembassy.gov/wp-content/uploads/sites/151/Interview-checklist-K1.pdf

Not what I said.  In Ukraine a letter is required up to the age of 16.  A notarized letter of permission was required for my K-2 by Kyiv

Edited January 21, 2018 by payxibka

[Lenchick 133]

1 minute ago, payxibka said:

Not what I said.  In Ukraine a letter is required up to the age of 16 (unless recently changed).  A notarized letter of permission was required for my K-2 by Kyiv

the member said the child is 13. if a child is 16, the child can decide according to the Ukrainian law who she/he wants to live with. For 16 year old children and older they never required the consent.

[HPPJ 3]

thanks for the replies.

 

 

some good news, so far:

 

Today my fiancée in Belarus contacted the 'Belarus Border Control' and asked about my question - explaining the question/situation in detail (K1 visa, etc.).  They told her that the father's written permission is not required, and gave her a url to go to as proof.  Here is the version of that url in English:

 

http://gpk.gov.by/en/informatsiya-dlya-peresekayushhih-granitsu/pravila-peresecheniya-granitsy-s-detmi.php  

 

Here is one section of interest:
 

Quote

 

Attention! If the child travels with one parent member, notarized authorization from the other parent is not required.

 

⇒ without parents upon producing of written consent of both.

 

 

So, as long as the child leaves Belarus with my fiancee, his mother/parent, all is well.  If the child left alone then written approval from both parents is required.

 

 

and then this section (oddly translated maybe, but still clear enough):
 

Quote

 

Children permanently residing outside the Republic of Belarus, depart from the Republic of Belarus on their passports, accompanied by a parent member.

 

 

My fiancee read the Russian language version and said it was the same as the English version as far as substance.   So, from a Belarus perspective, it appears that all is well with the mother and son leaving the county permanently without the father's explicit approval. 

 

 

But, my fiancee is still going to contact the US embassy in Warsaw (where she will go for the interview) to double check if they have an 'other parent approval requirement', or not.   Or if that is needed for any future steps (like 'adjustment of status').  Again, there was no 'other parent approval requirement' listed in the documentation she received from Warsaw, or was referred to by Warsaw. 

 

 

Now, if it was a perfect world, my fiancée would just go to the father and get a notarized letter - and then it would not matter if the letter was ever required.  But, the father rarely sees the child, is behind on child support, and when my fiancée called him to ask him about being behind on child support the father was abusive on the phone - so abusive (yelling) that she hung up.  So, it would be best if we can not depend on him for anything. 

 

I will report back when we hear back from the US embassy in Warsaw.

 

[tanderson64 201]

On 1/21/2018 at 5:10 AM, Lenchick said:

Yes, every US embassy requires a biological fathers consent for the child to immigrate to the states if there is no court order that the mother has the full custody. Notaries usually do it in the former Soviet countries. We sent it with I-130 petition but it was actually required at the interview. 

No not every embassy requires bioligical fathers written consent for child to immigrate to US.

[Lenchick 133]

3 hours ago, tanderson64 said:

No not every embassy requires bioligical fathers written consent for child to immigrate to US.

Unless there is no father, he is deprived of parental rights, the mother has a sole custody or divorce decree specifies the residence of the child and such. 

[HPPJ 3]

UPDATE:

 

I decided to wait until my Fiancee had her Embassy interview to post the 'official' answer from the Embassy since there were conflicting opinions and sources of information regard this subject as it relates to Belarus.

 

My Fiancee had her K1 interview in Warsaw Poland today.  She and her son were approved!  She picks up the passports tomorrow.

 

There was no requirement from the Embassy for a formal document (stating the Father's permission for the son to permanently come to live in America) since my Fianceee and her son are from Belarus.

 

I hope this information is helpful to others.

[TBoneTX 45,304]

This is indeed helpful -- thanks for returning with the information.

The only variable would be if national or consular policy were to change in the future.

 

Edited to add:  Congratulations on the approvals!  You must feel great.

Edited March 5, 2018 by TBoneTX

[Lenchick 133]

4 hours ago, HPPJ said:

UPDATE:

 

I decided to wait until my Fiancee had her Embassy interview to post the 'official' answer from the Embassy since there were conflicting opinions and sources of information regard this subject as it relates to Belarus.

 

My Fiancee had her K1 interview in Warsaw Poland today.  She and her son were approved!  She picks up the passports tomorrow.

 

There was no requirement from the Embassy for a formal document (stating the Father's permission for the son to permanently come to live in America) since my Fianceee and her son are from Belarus.

 

I hope this information is helpful to others.

Wow I'm really surprised. How do they avoid child kidnapping then? If let's say one parent wanted to take the child

abroad for good and another parent  was against it. Would it be that easy to sneakily take a child away?

[tanderson64 201]

On 3/5/2018 at 11:40 AM, Lenchick said:

Wow I'm really surprised. How do they avoid child kidnapping then? If let's say one parent wanted to take the child

abroad for good and another parent  was against it. Would it be that easy to sneakily take a child away?

In Russia, a parent can easily file a notice in court that they do not want the child to leave the country. This is on file with the border patrol, in a database, at all airports and train stations. If the custodial parent attempts to leave with the child (who has a passport), border patrol will see the restriction and not let the child leave.

 

The parents can then settle the disagreement in court.

 

I do not know how other countries do this, but it looks like Belarus is the same.  I have been told the Ukraine requires this letter.

 

However, it is always best to get a letter of immigration from the non-custodial parent, agreeing to allow the child to leave.  Then there are no issues. assuming the other parent does not change their mind.