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Author Topic: Permission for child to travel to US  (Read 6898 times)

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Offline JP5380

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Permission for child to travel to US
« on: July 29, 2018, 01:06:38 PM »
Hello everyone,

So my fiancee should be interviewing at the US embassy in Kiev within the next month or so. But I have recently come to suspect that the permission for her child to travel here on a K-2 visa may not be sufficient. But maybe I'm incorrect. She does have custody according to the divorce decree. But it is my understanding that she also needs permission from the father for the child to leave Ukraine and enter the US. And she claims to have this, but apparently it's "travel permission" and is good for one year (expiring in October). So I'm in a bit of a panic and feel I need to speak with an attorney in Ukraine who is familiar with their laws. I was wondering if anyone might have suggestions?

Offline John Gaunt

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Re: Permission for child to travel to US
« Reply #1 on: July 29, 2018, 01:17:19 PM »
Get the child’s father to agree for the child to live in the US and an open ended travel permission for worldwide travel. Have this signed by him and notarized.
If you don’t have this you will keep having to get his permission. It’ll get old real quickly.

Offline BillyB

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Re: Permission for child to travel to US
« Reply #2 on: July 29, 2018, 01:19:12 PM »
 I can't remember anybody coming here saying there is an expiration date when a father gives permission to his child to travel outside the country but f there is an expiration date, your fiancée should get another written document from the father of the child. Why can't she easily get this permission a second time? Has the relationship of your fiancée and the father of her child deteriorated since he granted permission last year?
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Offline JP5380

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Re: Permission for child to travel to US
« Reply #3 on: July 29, 2018, 01:24:04 PM »
Yes, the expiration date always seemed strange to me. Apparently, a lawyer she consulted with said that after living in the US for a year, she would no longer need the father's permission. The relationship with the father is not good and she was afraid to ask for permanent immigration of the child. Plus, a lawyer I spoke with said she only needed custody of the child, which she has. So I didn't really question the father's permission very much.

Offline Boethius

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Re: Permission for child to travel to US
« Reply #4 on: July 29, 2018, 01:32:07 PM »
Ukraine is a signatory to the Hague Abduction Convention.  There is also a separate treaty between the US and Ukraine on enforcement of child custody orders.  So, if the father chose to assert his rights on the basis the mother did not seek his permission to move the child abroad, theoretically, the child could be returned to Ukraine if he has a Ukrainian court order for the child's return. 

The US could also deny permission for the child to enter the country.  I have had this happen (from Canada) when I took our kids to Florida while my husband was working.  I was still in my city. US Customs refused to grant us permission to enter the US (in the airport - still in our country, but by international law, viewed as the US).  US Customs called my husband to obtain his permission for the kids to travel.  The last thing you would want is for your fiancee to arrive in the US (assuming she is not preauthorized elsewhere), and be turned back because she doesn't have the proper paperwork.
« Last Edit: July 29, 2018, 09:41:44 PM by Boethius »
After the fall of communism, the biggest mistake Boris Yeltsin's regime made was not to disband the KGB altogether. Instead it changed its name to the FSB and, to many observers, morphed into a gangster organisation, eventually headed by master criminal Vladimir Putin. - Gerard Batten

Offline JP5380

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Re: Permission for child to travel to US
« Reply #5 on: July 29, 2018, 01:52:22 PM »
Thanks for the information. I will start talking with some lawyers. I thought everything was okay after she met with a lawyer in Kiev, but now it seems I need second opinions.

Offline Boethius

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Re: Permission for child to travel to US
« Reply #6 on: July 29, 2018, 01:55:48 PM »
You may want to ask a US lawyer what is required from the American side.
After the fall of communism, the biggest mistake Boris Yeltsin's regime made was not to disband the KGB altogether. Instead it changed its name to the FSB and, to many observers, morphed into a gangster organisation, eventually headed by master criminal Vladimir Putin. - Gerard Batten

Offline JP5380

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Re: Permission for child to travel to US
« Reply #7 on: July 29, 2018, 02:04:23 PM »
You may want to ask a US lawyer what is required from the American side.

Agreed.

Offline DaveNY

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Re: Permission for child to travel to US
« Reply #8 on: July 29, 2018, 02:13:57 PM »
Another factor is what the airline flying out of Ukraine will require. Don't assume just because the Ukrainian government says certain documents are all you'll need that the airline will say the same thing.

Check with all the airlines you'll be using long before your flight leaves to confirm you have all the required documents for a minor Ukrainian child traveling from Ukraine to the US. If you change airlines in a foreign country, say the UK, make sure you have the needed documents to transit that country and for the new airline.

I've read of cases where the second different airline had different document requirements for the minor and the minor ending up being refused service.

Offline BillyB

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Re: Permission for child to travel to US
« Reply #9 on: July 29, 2018, 02:51:41 PM »
The relationship with the father is not good and she was afraid to ask for permanent immigration of the child. Plus, a lawyer I spoke with said she only needed custody of the child, which she has. So I didn't really question the father's permission very much.


For you to get good help, you need to find out the facts. When you said earlier the father gave travel permission to your fiancée's child, is this temporary travel permission only with the idea his child will soon return home? If so, you may have a problem. Maybe nobody told him your fiancée and his child will be moving to America forever?

If the father has zero rights to the child and in decision making and your fiancée has 100% custody, why is she trying to get any kind of permission from the child's father? Ask your fiancée what the real deal is so you can better help.

One group of people may have a better answer for you than an American or Ukrainian lawyer and that is the people at the US Embassy in Kiev who deals with this situation daily. Contact them and have them tell you exactly what you need but before you contact them, make sure you have a GOOD understanding of the situation. You give them inaccurate information, they'll give you a bad answer.

http://ua.usembassy.gov/
Fund the audits, spread the word and educate people, write your politicians and other elected officials. Stay active in the fight to save our country. Over 220 generals and admirals say we are in a fight for our survival like no other time since 1776.

Offline BillyB

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Re: Permission for child to travel to US
« Reply #10 on: July 29, 2018, 03:08:49 PM »

JP5380, after thinking about this more, I'm not sure the people at the Embassy or attorneys can help you. After the child's father finds out he was deceived that his child wasn't going on a temporary vacation but possibly leaving forever, he probably won't cooperate. You better hope your fiancée has 100% rights to the child. With the interview coming up, you have a short time to get this resolved.
Fund the audits, spread the word and educate people, write your politicians and other elected officials. Stay active in the fight to save our country. Over 220 generals and admirals say we are in a fight for our survival like no other time since 1776.

Offline JayH

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Re: Permission for child to travel to US
« Reply #11 on: July 30, 2018, 09:30:38 PM »
  To the OP ( & others) --there have been some recent changes in the laws in Ukraine that are relevent.

The only reason you need an attorney --is to to facilitate the signing of the necessary releases by the father--on the basis that the mother of the child does not want anything to do with ex .
I would also suggest this is a good time to serve him documents for child support dating back to whenever --costing him money will get his attention focused !
It is almost certain he will not have paid any support for child -- and it is now easier to pursue .
Chances are the lady will have no taste for any of the harder stance here -- so -- getting her to see attorney is your first hurdle.
My point about child support is to use only as a bartering deal to get the correct releases (permanent releases) AND to get the child a passport.
I would also be saying things like " it is better to get all this done once and for all so he can travel back and forth in the future" etc etc  and we can avoid repeating all the hassle and cost.

Importantly -- without the correct documentation -the child will never pass immigration to leave Ukraine. Forget buying tickets until you have the paperwork in place .
SLAVA UKRAYINI  ! HEROYAM SLAVA!!!!
Слава Украине! Слава героям слава!Слава Україні! Слава героям!
 translated as: Glory to Ukraine! Glory to the heroes!!!  is a Ukrainian greeting slogan being used now all over Ukraine to signify support for a free independent Ukraine

Offline BillyB

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Re: Permission for child to travel to US
« Reply #12 on: July 30, 2018, 09:54:15 PM »
The only reason you need an attorney --is to to facilitate the signing of the necessary releases by the father--on the basis that the mother of the child does not want anything to do with ex .
I would also suggest this is a good time to serve him documents for child support dating back to whenever --costing him money will get his attention focused !
It is almost certain he will not have paid any support for child -- and it is now easier to pursue .


There is a common belief that FSU men don't love their kids. At least that is what we hear from the single mothers we date. People on the forum tend to give the advice to go on the attack assuming the father of the child is a deadbeat. Without accurate facts and truth, we can't give JP5380 good advice. If the father paid child support and he shows the judge the wife and her fiancé knew they were planning to get married and take his child out of the country forever deceiving him when he signed a paper allowing the child to leave on temporary vacation, the judge will side with the father. Game over. Woman will choose to stay with child in FSU over fiancé. Cancel the wedding.
Fund the audits, spread the word and educate people, write your politicians and other elected officials. Stay active in the fight to save our country. Over 220 generals and admirals say we are in a fight for our survival like no other time since 1776.

Offline JayH

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Re: Permission for child to travel to US
« Reply #13 on: July 30, 2018, 10:57:30 PM »
There is a common belief that FSU men don't love their kids. At least that is what we hear from the single mothers we date. People on the forum tend to give the advice to go on the attack assuming the father of the child is a deadbeat. Without accurate facts and truth, we can't give JP5380 good advice. If the father paid child support and he shows the judge the wife and her fiancé knew they were planning to get married and take his child out of the country forever deceiving him when he signed a paper allowing the child to leave on temporary vacation, the judge will side with the father. Game over. Woman will choose to stay with child in FSU over fiancé. Cancel the wedding.

You are such a f .....g  idiot with your constant assertion about others -- and words NEVER said !
You know absolutely NOTHING about this topic --yet have the temerity to assert what others believe!

BillyB is incorrect to say "we cannot give good advice ---- it is correct to say "HE" cannot give good advice !!!!  So fcs sillyBilly --just shut up and stick to posting your garbage comments aimed at moby.

It is extremely common --that is highly likely -- that the father has not contributed to the child's welfare .

Now -if that is not the case here --my comments will apply to many others in the OP's situation and he can ignore that idea!

As for deceiving -- if you could actually read the words -- my advice was to get a permanent solution while you are spending the time and money to solve the problem. The point of my other advice on what to say --is that  it makes everyone from  the ex, the attorney's,the administration and even the OP's lady to feel better about all this is it does not seem as if the child is escaping permanently.

Further -- IF the ex is involved in the child's life and he has supported -- he will have legal rights he can assert - one way or another -- so I see no problem there.
On the other hand --deadbeat fathers that try and extort $ for a release -- are common enough too.

A girl I know who is seriously searching has a 6 yo son ( she is 26yo)  discussed this topic some years ago--  and her ex was 200%
 in favour of her leaving for a better life for his son .He was later killed fighting the Russians in the east -- and a few months later her brother was also killed in fighting in the east --leaving her with no  close relations.
Both those guys joined up for the better pay --so they could offer better support for their families.

So silly Billy --keep your stupidity about what other people believe to yourself. and your ignorance.
SLAVA UKRAYINI  ! HEROYAM SLAVA!!!!
Слава Украине! Слава героям слава!Слава Україні! Слава героям!
 translated as: Glory to Ukraine! Glory to the heroes!!!  is a Ukrainian greeting slogan being used now all over Ukraine to signify support for a free independent Ukraine

Offline msmob

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Re: Permission for child to travel to US
« Reply #14 on: July 30, 2018, 11:30:09 PM »
I'd just like to say that all input I've seen could be helpful - depending on the Op's intended situation

Strange as it would seem, [  ;) ] BillyB does have a point, JayH  ....  Whether it is relevant in this case - only the Fiancee can know

Good luck, JP5380


Offline BillyB

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Re: Permission for child to travel to US
« Reply #15 on: July 30, 2018, 11:33:42 PM »
Starting at $4.99, you can conquer your issues JayH. Also, I recommend staying away from drugs.

http://mentalhealth.openpathcollective.org/anger-management/
Fund the audits, spread the word and educate people, write your politicians and other elected officials. Stay active in the fight to save our country. Over 220 generals and admirals say we are in a fight for our survival like no other time since 1776.

Offline Boethius

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Re: Permission for child to travel to US
« Reply #16 on: July 31, 2018, 12:23:39 AM »
I'd just like to say that all input I've seen could be helpful - depending on the Op's intended situation

Strange as it would seem, [  ;) ] BillyB does have a point, JayH  ....  Whether it is relevant in this case - only the Fiancee can know

Good luck, JP5380

UW will often withhold children from their fathers. It’s not a one way street.

I would not suggest lying.
After the fall of communism, the biggest mistake Boris Yeltsin's regime made was not to disband the KGB altogether. Instead it changed its name to the FSB and, to many observers, morphed into a gangster organisation, eventually headed by master criminal Vladimir Putin. - Gerard Batten

Offline JayH

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Re: Permission for child to travel to US
« Reply #17 on: August 01, 2018, 04:04:19 AM »


I would not suggest lying.

I think I was very clear on doing it by the book !
Trying to  avoid any resentment from all who are part of the process was my added advice  --keep everyone on a positive !
SLAVA UKRAYINI  ! HEROYAM SLAVA!!!!
Слава Украине! Слава героям слава!Слава Україні! Слава героям!
 translated as: Glory to Ukraine! Glory to the heroes!!!  is a Ukrainian greeting slogan being used now all over Ukraine to signify support for a free independent Ukraine

 

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