Permission from Ex- to bring child to the US

[bbernard]

POConner

Thanks, I will look into this further! I sent the Embassy an email asking fot the specific requirments. I'll post there reply when I receive it!

bbernard

[wxman]

The latest packet 3 kev-1 instructions are the following: (note this was udated after Novermber 2004) Also these are the most current instructions on US embassy web site in Kiev and the exact same instruction my fiance received in June 2005

 

Court decree granting sole custody to the K parent; OR

Notarized consent letter from the left-behind parent permitting the permanent residency of the child in the US WITH a photocopy of left-behind parent's passport ID page (to confirm identity and signature of the person granting permission); OR

Death certificate, if the other parent is deceased; OR

The left-behind parent may appear in person to sign the consent statement.

Personal appearance of the non-immigrating parent remains, however, an option for those families who wish to choose it. 

If the left-behind parent is not in Ukraine, s/he should have his consent letter notarized at the nearest Ukrainian or U.S. Embassy/consulate in the country where s/he is located, and then submit that notarized statement with photo-copy of his/her passport ID page.   The parent should send the documents to the visa applicant. 

If the immigrating parent cannot locate the other parent (e.g., if they have been estranged for many years), then s/he should obtain a Ukrainian court decree establishing that s/he has custody/control of the child or a court decree pronouncing the other parent missing.

 

[START2]

Hi,

I don't know if the original poster got all the answers he needed from this thread but I thought I'd tell him of my experience. I just did all this, this past summer. It is true that there are a couple different variants that can be filed to bring the minor child here.

The first would seem to be the easiest and that's to have the father in this case to sign and notarize his permission for the child to immigrate to the U.S. Remember to have an english translation of this. I believe that in many cases the father will not do this willingly. Sometimes a bribe is offered and that will be inspiration enough. How much will depend on what his friends have told him and and much he thinks he can get.  In most cases, he also knows he can drag this out for a year in the courts.

The second is to have a death certificate. 

Then, there's what we had to do. Father really had no interest in the child but still felt he could control his wife. We petitioned the court for custody. Remember that in many cases of divorce in Ukr., the child just usually stays with the mother. No custody or child support  is awarded unless the wife demands something.  Because many of the men, especially in small towns don't have stable jobs, this issue is not likely to be addressed. If the man has been consistant with support, you'll/ mother, have very little chance to take the child away from the father to another country. I actually agree with this if that's the case. If he loves this child and helps to support him/her he has just as much right to help raise the child as the mother does.  I digress.  Petitioning the court for custody can easily take 6 to 12 months. The courts give every possible chance to the father to show up. If he objects, that's when the time can be lengthy. Most courts will have a hearing every 2 weeks to a month(if you have a good lawyer) and in that time send letters to the fathers residence requesting his presence at the next hearing. If he doesen't show they give him another chance and another. Any dispute, even from the fathers side of the family can send the process into another extension. For us, the father never showed and we heard later that he thought the judge would never allow his son to leave. We just happened to have a lawyer who was friends with the judge and we also greased a few palms to hurry our decision along. There were  3 hearings 2 weeks apart. At each hearing there was a child advocate present appointed by the court and her job was to interview friends and family and report to the judge her recommendations which BTW the judge ways his decision. For us it was not a difficult decision. The father was a first class dead beat and drunk and even a few of his friends testified to this.  The judge ruled in out favor and a court document was administered. Even at that it still gave the father 1 month to dispute this to a higher court in the region. But it was enough for the embassy interview. Of course it was never disputed.

Here was a big surprise for me and it did explain why they give the parent time to dispute custody. Not only does the custody go to the parent petitioning, it takes away all parental rights to the other parent. As if he is not the real parent in any way.

BTW. this was done in Ukraine.   

This document is kept by the embassy and is sealed in the envelop with all the other docs your fiancee will bring here. By all means, keep a copy and translation with you when your fiancee goes to Kiev . A customs agent may just ask to see it. The agent that asked my fiancee to see the custody decree suggested she open the sealed packet to prove the child had permission to leave the country. Thank God my wife knew better . She called me, then called her mom, and her mom hurried to the court and they faxed a copy to the agent from the court. Good luck !!

[wxman]

Embassy dropped requirement for both appearing as many Ukrainian men work in Russia and it caused many problems. So now only a notarized statement is required along with a photocopy of ex's passport and signature page. That is exactly what they told my fiance.

[wxman]

I am going through the same problems with my fiance's ex husband. He will not sign waiver for anything. Does not want money. He never sees his daughter but pays a monthly support of $15. He lives in Moscow but they are all Ukrainian. We are going to have to go to court on this and it will take time. My fiance's visa expires in January, but luckily she can go to embassy, update a few form, pay another $100 and get an extension. If the courts fail, I will move there in 2 years and get married there, and when child turns 16 she will be able to decide on her own if she wishes to stay or come to US. At time daughter turns 16 we will file for K-3 or whatever applies then and we will come to US.

[START2]

Yes Wax, A copy of his passport with his permission would be needed. Sorry I didn't clarify that.  I also remember seeing that as part of the stipulations. Wow, you have a hurdle to get over it seems. Good luck !!

[bbernard]

POConner

Thanks, I will look into this further! I sent the Embassy an email asking fot the specific requirments. I'll post there reply when I receive it!

bbernard

Here is the response I received from the U.S. Embassy in Kyiv in regards to the requirements from the parent of the child being left behind. It appears that what I had posted above is correct!



Dear Mr. Bernard:

Thank you for your inquiry of November 18, 2005, regarding travel of the minor child of your fiancée to the U.S.

Please be advised that presently one of the following documents for obtaining a visa for a minor child should be presented at the K visa interview. 

1. A court decree granting sole custody to beneficiary; OR

2. A notarized letter of consent from the left-behind parent WITH photocopy of left-behind parent's passport ID page (to confirm identity and signature of the person granting permission); OR

3. A death certificate in case of the parent's death.

Alternatively the left-behind parent may appear in person at the visa interview to give permission for the child to immigrate. 

If the left-behind parent is not in Ukraine, she should have his consent letter notarized at the nearest Ukrainian or U.S. Embassy/Consulate in the country of his current residence. That notarized statement should be submitted with photocopy of his/her passport ID page.  If time is of essence, the parent can FedEx or DHL the documents to the applicant. 

If the child is under 14, his/her presence at the interview is optional.

Sincerely,
Public Liaison Unit
Consular Section
U.S. Embassy,
Kyiv, Ukraine
Tel.: +38/044/490-44-22
Fax:+38/044/216-33-93, +38/044/236-48-92
Please visit our website at usembassy.kiev.ua for more information about consular services
This e-mail is UNCLASSIFIED based on the definitions provided in E.O. 12958