Please help with my situation! ????

[USAguy77 1]

Hi everyone. I am newbie here and need help with my situation. I will try to include all details. If you need additional info from me to help me get a soltion then feel free to post and ask me anything!

So I am now engaged and want to marry my fiance. She lives in Kherson, Ukraine. She was born in Armenia and just recently acquired her Ukraine passport and green card. The issue we have is that she has a 4 year old son. Her son is a Ukraine citizen. The father lives in Armenia, has nothing to do with his son, does not pay child support but he did sign the birth certificate when he was born. The father is also currently in jail and his family has not contact with him in Armenia.

So what do I do? I do not want to start the whole process before resolving this issue cause I know it will stop us in our tracks. I love that little boy so much. Do I get a good Ukraine lawyer and try to deprive him of his parental rights and if so how do I go about all of it? I am so confused and do not know where to even start! Makes it very difficult with the father living in another country and also being in jail with no contacts!

I also want to mention the father can not be bribed with money! I see that posted on a lot of sites and in my case this will NOT work! I will have to do it through some sort of court system!

Thank you all for reading and please help me if you can!

I live in Ohio, USA so they both will be coming to America eventually!

[aaron2020 11,651]

Your fiancée has to acquire either te father's consent for the son to immigrate to the US, or a court order allowing the son to inmigrate to the US.

How did your fiancée get her son out of Armenia to the Ukraine? Does she already posses legal documents allowing her to move her son to another country including the US?

[USAguy77 1]

Your fiancée has to acquire either te father's consent for the son to immigrate to the US, or a court order allowing the son to inmigrate to the US.

How did your fiancée get her son out of Armenia to the Ukraine? Does she already posses legal documents allowing her to move her son to another country including the US?

Her son was born in Ukraine!

She doesn't posess any documents to let him travel anywhere.

Father will not be cooperative. Eventhough he is in jail and eventhough he has never been around his son, he still is a jerk even to his own mother.

Can you tell me how I go about helping her get the court order to allow him to leave the country and move?

[Pitaya 2,576]

~Moved from K-1 Process to Effects of Major Family Changes on Immigration Benefits Forum~

~Forum generally deals with similar issues, K-1 petition yet to be filed~

(organizer hat off)

Your fiancee should consider retaining the services of good legal counsel in her current country of residence, in order to acquire immigration permission from the child's father or to obtain a court order allowing the chid's immigration.

[USAguy77 1]

~Moved from K-1 Process to Effects of Major Family Changes on Immigration Benefits Forum~

~Forum generally deals with similar issues, K-1 petition yet to be filed~

(organizer hat off)

Your fiancee should consider retaining the services of good legal counsel in her current country of residence, in order to acquire immigration permission from the child's father or to obtain a court order allowing the chid's immigration.

She is very confused about how to get the best counsel! Would you have any advice to help me assist her in finding a good attorney?

Thank you!

[Nobby7 28]

Her son was born in Ukraine!

She doesn't posess any documents to let him travel anywhere.

Father will not be cooperative. Eventhough he is in jail and eventhough he has never been around his son, he still is a jerk even to his own mother.

Can you tell me how I go about helping her get the court order to allow him to leave the country and move?

I'm in a fairly similar situation but in a totaly different country. If the laws in Ukraine were the same as in Peru, it would be pretty easy to get a court order since your stepson's father is in jail.

The best advise anyone here can give you is to find a good lawyer with experience in this specific scenario. It seems that you shouldn't have too much of a problem since the biological father is in jail in another country, but that really depends on Ukraine law. Also, check out the European regional forum and see if you find anyone who has gone through what you have:

http://www.visajourney.com/forums/forum/95-europe-eurasia-except-the-uk-and-russia/

[Nobby7 28]

I found this online:

http://www.hg.org/attorney/aga-partners/44786

Sounds like a firm that would have experience for your scenario. I know they're in Kiev, but maybe they can get you pointed in the right direction?

Edited February 17, 2014 by Nobby7

[Pitaya 2,576]

A more appropriate regional forum would be the Russia, Ukraine, Belarus Regional Forum:

http://www.visajourney.com/forums/forum/98-russia-ukraine-and-belarus/

[Jawaree 717]

Frankly the sperm donor did not sign the birth paper, has not acknowlege this kid, neither has

the donors family, Y do she need an atty, she just need to move on with her child and send him

a letter in jail that he has the right to come visit , and be in phone contact if he so chooses.

When the child gets there U cross the bridge of parenting by then getting an atty. to see if

he wants visits or to give up his rights....really he don't seem to care and may just argue out

of spite. The child however at some point deserve to meet his father

Edited February 18, 2014 by Jawaree

[Hypnos 6,576]

A father has rights, no matter how much you would like to walk over them.

[eieio 1,594]

USAguy77,

You are very wise to address this issue now. I read a story about another man in the same situation and it turned out bad. Lawyers,countless appeals, court appearances etc and after six years and thousands of dollars......he is still here and she is there. They even had a judgment in her favor....but the ex-husband must have bribed someone as it was overturned.

Prepare for the worst...hope for the best. Good luck.

[USAguy77 1]

I want to make it clear that I in no way want to keep any man from his child. I have two kids of my own and have full custody of them both. My future step son's father has never wanted anything to do with him. He hasn't never heard his own son's voice, never paid for any food or child support and this coming from a man who had a very solid income before being incarcerated for drug trafficking in Armenia. I look forward to being a father to this boy whom I love dearly. I grew up without a father and I know how hard it is!

I don't want to get off topic with opinions and comments though.

I want to get advice on how to proceed getting my future family to the US. I did email four different attorneys in Ukraine tonight. Hopefully they can shed light on what we should do next!

Thanks for all your help!

[Natanloupan 11]

Has there been any contact with the father ? He does not seem to care about his child . Would he just sign away his parental rights ? Perhaps if the mother just prepared papers and sent them to him . Maybe it would be best not to mention you at this point . If he does not know already . He might be spiteful if he learns about the plans . Maybe he will just sign and be done with it .

Maybe you could try that route first . Simply having a lawyer draw up papers for him to sign . Maybe it won't be as hard as you think . Still will take time , but hopefully everything will work out for you . I am not an expert on foreign law , so not sure how easy it is to get papers done there .

[Me_Theo 25]

First of all, she should have a divorce also the court will give her a custody certificatie about the child .

The court should let her to bring out the child from the country without father too.

Every country has their own law. But 2 things ( Divorce if she was married + custody certificate about child) is in all countries same.

It is sound like she did not have a divorce document.or she was not never married.

If already she has divorce and the court give the child to her , just she needs a document to show she can bring out the child from country.

Also USA embassy need the documents ( Divorce + C hild custody certification) too , to give k-1 visa and visa for child.

If she could not take the document it will be like kidnap the child.

She should talk with the ex- husband ( or husband or ex-boyfriend) about it. may be she should go back to her real country (Armenia ) and find the jail and take his sign about the child. It is not important how much he is good man or bad man .The child is his child forever. Then your fiance should fix the problem anyway.

If she doesn't want go back to Armenia , she should pay the lawyer in Armenia , The lawyer take the Child custody certificate,and send to her in ukraine.

Edited February 18, 2014 by Me_Theo

[Me_Theo 25]

First of all, she should have a divorce also the court will give her a custody certificatie about the child .

The court should let her to bring out the child from the country without father too.

Every country has their own law. But 2 things ( Divorce if she was married + custody certificate about child) is in all countries same.

It is sound like she did not have a divorce document.or she was not never married.

If already she has divorce and the court give the child to her , just she needs a document to show she can bring out the child from country.

Also USA embassy need the documents ( Divorce + C hild custody certification) too , to give k-1 visa and visa for child.

If she could not take the document it will be like kidnap the child.

She should talk with the ex- husband ( or husband or ex-boyfriend) about it. may be she should go back to her real country (Armenia ) and find the jail and take his sign about the child. It is not important how much he is good man or bad man .The child is his child forever. Then your fiance should fix the problem anyway.

If she doesn't want go back to Armenia , she should pay the lawyer in Armenia , The lawyer take the Child custody certificate,and send to her in ukraine.

if lawyer could not find the child's father. May be one of the his relative ( depend the Armenia's law) can sign the custody certificatie .

If your fiance and lawyer could not find( ex-husband or ex-bouyfriend)'s relatives too..... just you should forget her. if you don't, you will lose so much money ,your time and in end will be nothing.