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Does She Need X Husband's Permission?
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Posted by: rickeyleee

I would like to know if my Russian Lady during her K-1 interview or at any time will need written permission from her ex-husband to take her children to the USA? If it is required, what if he will not give it to her.

He actually never sees the kids, boys 8 and 14 and has 3 other children from his second wife but I am curious what all is involved?

I would appreciate your feedback.
Thanks
Rick

Posted by: Eryk

Quote:

Originally posted by rickeyleee
I would like to know if my Russian Lady during her K-1 interview or at any time will need written permission from her ex-husband to take her children to the USA? If it is required, what if he will not give it to her.

He actually never sees the kids, boys 8 and 14 and has 3 other children from his second wife but I am curious what all is involved?

It depends what ruling the court made at the time of the divorce but in most cases yes she would need his permission. If he won't give it then it requires another court action to override his objections (or else 'bribe' him).

Eryk

Posted by: Pin Boy

my friend gave his ukrainian wife's ex-husband $2000 to stay out of the way

Posted by: spamer

I have to agree with the other 2 post. This question has come up many times before and the same answers come back. The only thing I can ad is the US will not have Russia scream child abduction in the newspapers, so you know they will cover there a.. on this. You need to fathers OK.

Posted by: Jim_FL

OK, take it from someone who has been through it.
My wife just returned to the US with our little guy 3 days ago.

US Embassy will not ask to see permission of father - they don't care. (nor will US passport control / customs/ or BCIS)

Where permission most often comes into play is while transiting through a third country. Germany will absolutely want to see it each and every time a minor child goes through.

Smaller airports in russia might want to see it upon her exiting the country, but the big airports WILL NOT check for it (SVO,DME,etc...)

Posted by: Jim_FL

Quote:

Originally posted by Eryk
It depends what ruling the court made at the time of the divorce but in most cases yes she would need his permission. If he won't give it then it requires another court action to override his objections (or else 'bribe' him).

Eryk

If she was awarded child support then the father has retained his parental rights. If she did not get child support, then "shared custody" was not awarded either, and he has no legal basis to contest (according to Russian law).

I would steer clear of bribes - it sets up a bad precident in which he may try to extort more later. In our situation, Liliya's ex was dead set against the little one leaving Russia (to the point of death threats to me and her, etc). After a year of going through the visa process, he backed down and gave permission freely. In most cases, a Russian's bark is much worse than their bite, and time will soften their stance considerably.

Posted by: LMB

Quote:

Due to the lack of a clear custody law in Russia, even after a divorce both parents are considered to have equal custody of a child under the law, and in order for a minor child to leave Russia it is necessary to get a notarised form signed by both parents allowing the child to leave. No form, no visa for the child.

I personally know of a friend in exactly the same circumstances, the ex-husband didn't care about the kids and never had contact with them, yet when my friends wife approached him he of course said 'no way'.

Unfortunately, if he won't budge there are only Two alternatives:

Money and/or impressionable Russian friends.

Posted by: ConnerVT

Sorry LMB, but quite politely, you are wrong.

The US consulate will not ask for the form for a K-1 visa. This is probably due to the fact that the K-1 is a non-immigrant visa. This designation changes after marriage and filing of an AOS application. But before that, as long as the child has either their own passport or is listed in their mother's, the consulate will issue the visa.

The same holds true if you leave Russia from SVO2. No one there is interested in the paper. They are only concerned if you have the proper visa, passport, and airline ticket.

This information is accurate, as my (now) wife kept pulling out her notarized letter, and was surprised that not one person has ever asked to look at it. Just as I had told her...

In any case, the letter is worthless. If the father decides to change his mind at the 11th hour, the paper really has NO legal standing.

Jim is also correct that it may be useful if your airline connections are through another country (Germany being one of those countries). One should check what documents are needed for each connecting country, or avoid it all together, and fly the Delta non-stop from SVO to JFK.

Posted by: LMB

ConnerVT and you are indeed correct.

The American embassy doesn't ask for the notarised document.

I overlooked a significant point in anwsering this post, i merely wanted to point out that some embassies do ask for the document and without it, the Visa will not be issued.

Posted by: Jim_FL

There was a (very) short time last year when the US embassy in Kiev actually required the ex-husbands to appear at the embassy for the K-1/K-3 interviews and give their permission under oath, but it didn't take long to figure out that was a BAD idea

Posted by: neil277

Hello Panel,

First you need to take his rights away and this has to be done by the courts, the price is quiet cheap but may be more expencive in your case?.

Never give money because this money will show your weakness and he will never go away.

I wish you luck and hope this problem goes away.

Rehards,

Neil

Posted by: Pin Boy

JIm,

Could you explain what you know about why the prodecure was changed? What do you mean about BAD idea? Curious to know what transpired in these cases.

Thanks,

Pin Boy

Posted by: Jim_FL

Should be fairly obvious

First, many ex-husbands are EX for a reason.
Second, many don't want to be found (worried about child support, etc, just like here)
Third, sets up a great extortion scenario (IE your rich new american can pay my way to Kiev and set me up with first class accomodations if you expect me to show up at the embassy)

Posted by: spamer

Quote:

Originally posted by Jim_FL
Should be fairly obvious

First, many ex-husbands are EX for a reason.
Second, many don't want to be found (worried about child support, etc, just like here)
Third, sets up a great extortion scenario (IE your rich new american can pay my way to Kiev and set me up with first class accomodations if you expect me to show up at the embassy)

OUCH!!!!!!!

I can hear your teeth grinding over here on that story.

Posted by: Pin Boy

jim,

would you say then that all involved parties wanted to eliminate the ex from the process? would the government really care if things got messy b/w a woman from the fsu, her ex, and her foreign fiancee? maybe many men who weren't too happy being found were able to influence the gov't to change the procedure?

appreciate the reply but curious as to what party (s) were able to influence the change.

thanks

pb

Posted by: Jim_FL

Pin Boy,
I appreciate your tenacity - you will need it when you finally try to bring a fiancee/wife to the US and deal with USCIS, however I am not in a position to suppose who has influence over embassy policy.

I can tell you that as a contractor I deal with a lot of municipalities/gov't agencies and if they find a policy to be "technically infeasable" they can, and do, waive or change it.

As far as whether they would "really care if things got messy b/w a woman from the fsu, her ex, and her foreign fiancee?" YES, they would. If for no other reason than fear of lawsuits resulting from injury/death of the american citizen, due to a bad policy that potentially put the USC in harms way. IMO

Posted by: Pin Boy

thanks jim..always good to hear the perspective of a been there, done that person

pin boy