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

[Lenchick 133]

On 3/23/2018 at 4:50 AM, tanderson64 said:

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.

If it works that way, then it makes sense. 

[Jupifer 10]

On 3/22/2018 at 10:50 PM, tanderson64 said:

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.

Just got our NVC case complete today for my Russian 11 year old step-child CR-2 visa without non-custodial father permission letter.  I can now tell my story that can help others with stupid, drunk, obstinate and zombie Russian fathers/ex-husbands (my Russian wife uses the word zombie for her ex-husband).  Consulted with Russian-American family law attorney last year, which costs much more than reading your free and correct advice I am going to quote below.

 

So for Russia: 

1) Mother can prove full-custody by American standards with two very important documents:

1a) Registration document stating that child and mother live together at same residence

1b) Court order showing that the non-custodial father is paying child-support to mother

And

2) Mother wrote a petition document for and received back a "Right to Exit the RF" document from RF Dept of Migration to leave RF with her minor son (this is based on actual RF migration laws) because the father has not filed "a notice in court that they do not want the child to leave the country".  But it is subject to: "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" at any time going forward.

 

The Dept of State NVC accepted these 4 documents in lieu of needing non-custodial father's permission letter for Russian minor child's immigration to the USA with her full-custodial mother.  (Very important to use the wording "full-custody" as opposed to "sole-custody" to describe this method in legal terms).  The US Embassy Moscow will also accept them.  They have before according to my attorney's experience with these situations.

 

Background Info: The mother/my wife stayed away from abusive ex-husband/father and did not ever seek child support.  When time after time, the father refused a permission letter (and after getting attorney's advice), I pressed the mother/my wife to get court order for child support.  The father was none to happy and still would not sign a permission letter.   As far as the father cares, he is preventing his ex-wife from having a new life in the USA (this is more important to him than any monetary graft that would come his way) and now has almost no contact with mother and minor son.  However, the father has no idea that he needs to "easily file a notice in court that they do not want the child to leave the country" before we get the minor child out of Russia.  He is drunk most of the time living and hunting in Siberia.

 

IF the father did "file a notice in court that they do not want the child to leave the country" before we get the minor child out of Russia, then going to Russian court to settle "the disagreement of minor child living in the USA" is a 100% lost cause based on my attorney's advice.  So we have just about two months to go to the interview and I expect success in getting my Russian step-son to the USA.  

 

My Russian wife loves America with passion (has green card) and I fought hard for her and her minor son because of this.  

Edited March 28, 2018 by Jupifer