My girlfriend cannot get permission from her sons father.

[Dave2019 0]

My girlfriend and I have been dating for a few years now. She' has attempted numerous times for a B1 Visitors visa with no avail. We both knew it was a long shot but made 5 attempts. She has a child from a previous relationship whom will be 6 years old soon.  I want to apply for both her and her son. But the situation is this. His father is from UAE, he has not been a part of his son's life since his son was only a few months old.  She has talked with him about attaining letter so that she can apply for the K1 and he refuses. I've read this letter can be asked for my immigration.  Is this something i need to be concerned about? And if so, what can we do to ensure a smooth journey. How can she leave with her child? 

[Crazy Cat 41,985]

Yes, you should be concerned.  She will have to have legal (court) authority to immigrate with the child.  I suggest she seek legal help in her country.

Edited February 26, 2019 by missileman

[Dave2019 0]

I'm hoping to see if there are any attorneys from Ukraine on here that could give me an idea of exactly what we need to be doing.

[Georgia16 2,858]

It will most likely be asked for doing the interview for the K-2. (Some countries it’s fine with just full costody) but most will have the letter of content. If she needs that but the father won’t give it she can also go through the court to see if they wil let the child immigrate with his mom. Might be a good chance since the dad really not is in the picture. 

[Dave2019 0]

1 minute ago, Georgia16 said:

It will most likely be asked for doing the interview for the K-2. (Some countries it’s fine with just full costody) but most will have the letter of content. If she needs that but the father won’t give it she can also go through the court to see if they wil let the child immigrate with his mom. Might be a good chance since the dad really not is in the picture. 

Father has never been to Ukraine the child is 6 years old now. Has not seen his father since he was a few months old.

[Crazy Cat 41,985]

8 minutes ago, Dave2019 said:

I'm hoping to see if there are any attorneys from Ukraine on here that could give me an idea of exactly what we need to be doing.

She will need a court order of some kind.....

Edited February 26, 2019 by missileman

[millefleur 5,047]

9 minutes ago, Dave2019 said:

I'm hoping to see if there are any attorneys from Ukraine on here that could give me an idea of exactly what we need to be doing.

I advise seeking out an attorney. Since this involves a father from a third country (UAE) this is really out of the realm of DIY. Has your girlfriend looked into it in Ukraine? There must be family law firms of some kind who can advise.

[Dave2019 0]

4 minutes ago, millefleur said:

I advise seeking out an attorney. Since this involves a father from a third country (UAE) this is really out of the realm of DIY. Has your girlfriend looked into it in Ukraine? There must be family law firms of some kind who can advise.

She's asked a couple, seems there is no guarantee offered. One attorney told her to find a man from a country that won't ask for this permission. 🙄

[millefleur 5,047]

1 minute ago, Dave2019 said:

She's asked a couple, seems there is no guarantee offered. One attorney told her to find a man from a country that won't ask for this permission. 🙄 

Uh...wow, well, that is discouraging.  I know in Russia that the quality of legal services varies significantly from lawyer to lawyer and from city to city...is she in a big city? I think she needs to find out whomever the top attorney is in the biggest city and see if they have advice...it might cost more of course but they might be able to give better answers than that.

[Dave2019 0]

1 minute ago, millefleur said:

Uh...wow, well, that is discouraging.  I know in Russia that the quality of legal services varies significantly from lawyer to lawyer and from city to city...is she in a big city? I think she needs to find out whomever the top attorney is in the biggest city and see if they have advice...it might cost more of course but they might be able to give better answers than that.

Yea we are both very discouraged.. The boys father already married with his own family and still refuses to help with giving permission. 

[geowrian 22,337]

Time to speak to a professional family law attorney. This isn't so much an immigration matter as it is a family one.

I would assume that she can petition a court and make a good argument as the father is not in their life. But only somebody familiar with local laws would know what is required, the timeline & costs involved, and likelihood of success.

[Lenchick 133]

5 hours ago, Dave2019 said:

Father has never been to Ukraine the child is 6 years old now. Has not seen his father since he was a few months old.

She needs to go through the court 

 

5 hours ago, Dave2019 said:

Yea we are both very discouraged.. The boys father already married with his own family and still refuses to help with giving permission. 

if the father is not in the picture at all, the court in Ukraine will quickly decide against the father, especially he is not even Ukrainian. Make sure you hire a lawyer and have $$$$. I would go directly to the court to ask if they have their own lawyers. 

[Ksenia_O 696]

16 hours ago, Dave2019 said:

She's asked a couple, seems there is no guarantee offered. One attorney told her to find a man from a country that won't ask for this permission. 🙄

that "attorney provided her with absolutely wrong advice - it's not about a men from a country with no permission required. First of all - it's about to get out of Ukraine with a minor child without other parent's consent. Even for a short vacation or trip abroad.

 

OP,  she needs to seek a termination of her son's father parental right , through Court. It's doable. And with a good lawyer can be done within reasonable period of time. 

As Lenchick has advised, go directly to the Court to talk to  a lawyer they have there.  Who has an experience in this kind of cases.

 

Good luck!! 

[1HappyGuy 45]

This is definitely a legal matter and you will need to find a competent Ukrainian attorney.  Tell your fiancee to advise the attorney that the father of her child does not provide child support, has not contacted the child in years and has abandoned his child and responsibilities.  If the father has married someone else, that should bolster her position.  She should contact a government agency that is responsible for monitoring child support by absentee fathers.  Overall, this is very possible to accomplish but it will take time and money.  Unfortunately, this is not that strange of a situation but as I said earlier, find competent legal help.  Once she can establish a complete right over her child, the rest should be easy.

Don't give up, but work with her to get this done.💼

[RobertM54 36]

This is a good resource for the state of the law - not legal advice. Just send your question and if it is interesting - he will write a post.

http://ukrainianlaw.blogspot.com/

 

Edited March 22, 2019 by RobertM54