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Husband's Permission for Child's K2 Visa in Ukraine
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Posted by: Voyageur

I was hoping to get some insight as to how the process fo a children's visa works in Ukraine. My fiancee's ex-husband does not appear to be willing to go to Kiev to allow his daughter (5 years old) to go to the US with her mother. He does not support his child, nor does he want to be her father. I believe he is doing this out of spite.

If anyone can tell me what it is that has to happen for my finacee's daughter to be allowed to leave for the US. Thanks for any help.

Posted by: Pin Boy

I'm sort of in a similar boat. Are you using an immigartion attorney for the visa process or are you going the solo route?

I am using an attornye Yes, I hear the boos and hisses), and the latest word from the immigration attorney's office is that the child's father is not required to attend the interview in Kiev. Your fiancee could obtain a letter from the father giving permission, copies of his internal passport, and have it notarized. This would be sufficient.

However, if the guy's a jerk and wants to be difficult this could be a stickler.

My fiancee's ex does not give a penny of support and does not see the child. However, his parents see the child on a monthly basis and are decent people. That's neither here nor there...but if the father is financially and emotionally absent, it is possible that your fiancee could gain "sole custody" of the child. Her divorce appaers probably say the parenst share custody. She needs to have this changed and probably would need to use an attorney in Ukraine.

If your fiancee is in Odessa, I could give you the name of the attorney my fiancee is using. She has met with the attorney (a woman) once and is going again this week.

Another possibility is $$$. A friend of mine and his now wife from Ukarine paid off the father to the tune of two grand (OUCH!).

Anyone else care to relate their experiences on this one. I would guess this is a common problem for some on this forum.

Thanks

Pin Boy

Posted by: spamer

from what I have read (and I haven't done this) you need his/father permission. I think the US doesn't want anybody screaming "kid napping". Now if you can get a judge to OK it, I don't know.

Now I heard that they can't check signatures too well, so I wonder how they know the father did sign?

Posted by: ConnerVT

Although I'm not up to full speed on the exact current requirements for the Ukraine, I have been learning much of the issues and requirements for both Ukraine and Russia, as I will soon be bringing my fiancée and her son stateside.

For a short period of time (2-3 months?), the US Embassy in the Ukraine's web site stated that the father needed to be present at the time of the interview. They have since loosened their requirement, stating that only a letter of permission is necessary. Since this is a requirement for the interview, it's not about her taking the child out of the country. It's about obtaining the visa to enter the US. A minor difference, but one to keep in mind.

I am not certain, but this is probably due to the Ukraine signing the international treaty on domestic kidnapping (allowing children to be expedited back to their home country). Russia has no requirement like this, as they have not signed the treaty.

What to do if the father won't sign the letter? There are three things you can do:

Reason with him. Having a child living in America can be a good thing for him. Promise that you will have her correspond with him. When she grows up, she can sponsor his immigration to the US if he wants.
Bribe him. Realistic or not, he probably perceives you as a great money train that his ex-wife is riding. He may want a piece of the action.
Custody. This takes the longest, but if your fiancée has complete custody without any rights granted to the father, the father's letter may not be necessary. This gets into territory where attorneys get involved (at least two -- I'd consult a real immigration attorney, as well as one in the Ukraine to handle the custody issue.

On the positive side, once you get past this hurdle, you will be relatively immune from custody issues as long as the child remains outside of the Ukraine. She will have immigrated to the US with the father's permission, and it will certainly be financially prohibitive for him to began an international custody case in the event he changes his mind about the issue.

Best of luck to you.

Posted by: Voyageur

Thanks for your help, Pin Boy and VT Connor and everyone else. I am already using a US -based attorney for the visa, but pretty much they want the document for the father done locally. My Fiancee lives in Kharkov.

I hate the thought of having to pay off the father, though. Although I have met him one-on-one and he is a pretty good guy. But when he is drinking or around both his ex-wife and I it gets a little testy.