Visa for minor child

[bushido 0]

My fiance is from Ukraine and has a daughter who is 6 years old. Her ex-husband refuses to give permission for the daughter to immigrate to United States. He has been periodically active in her life and I am not sure if his refusal is out of love for the daughter or a last attempt to control my ex-wife's life. He has refused any offer to persuade him to change his mine (including money).

My fiance has been told it is unlikely she can win a court decision to allow her to immigrate with the minor because he always paid his required support and the courts are reluctant to terminate a fathers rights in Ukraine. I would agree with the courts if the father had been more active in his daughter's life, but now I honestly believe she will be happier here. I just don't know what can be done?

Anyone have any advice if the father continues to refuse to give permission?

[payxibka 10,045]

My fiance is from Ukraine and has a daughter who is 6 years old. Her ex-husband refuses to give permission for the daughter to immigrate to United States. He has been periodically active in her life and I am not sure if his refusal is out of love for the daughter or a last attempt to control my ex-wife's life. He has refused any offer to persuade him to change his mine (including money).

My fiance has been told it is unlikely she can win a court decision to allow her to immigrate with the minor because he always paid his required support and the courts are reluctant to terminate a fathers rights in Ukraine. I would agree with the courts if the father had been more active in his daughter's life, but now I honestly believe she will be happier here. I just don't know what can be done?

Anyone have any advice if the father continues to refuse to give permission?

Without permission or court action... nothing can be done until the child is 16

[canadian_wife 1,823]

It doesn't matter whether you think the father was active enough in the child's life, he still has rights to the child. Like Payxibka said, without a court order or consent there is nothing that can be done

I am sorry

Good luck

[Jojo92122 1,924]

Without permission or court action... nothing can be done until the child is 16

It's 18 years old. The US Embassy/Consulate will not issue an immigration visa to a minor without the permission of both parents.

[Jojo92122 1,924]

My fiance is from Ukraine and has a daughter who is 6 years old. Her ex-husband refuses to give permission for the daughter to immigrate to United States. He has been periodically active in her life and I am not sure if his refusal is out of love for the daughter or a last attempt to control my ex-wife's life. He has refused any offer to persuade him to change his mine (including money).

My fiance has been told it is unlikely she can win a court decision to allow her to immigrate with the minor because he always paid his required support and the courts are reluctant to terminate a fathers rights in Ukraine. I would agree with the courts if the father had been more active in his daughter's life, but now I honestly believe she will be happier here. I just don't know what can be done?

Anyone have any advice if the father continues to refuse to give permission?

To be frank, it doesn't matter if you agree with the courts or not. It also doesn't matter if she will be happier in the US or have a better life. It doesn't matter if you, your fiancee, or anyone else thinks that the father has not been active enough in his daughter's life. This is about a parent's right to determine where his/her child will live. Once the child leaves for the US, it's highly unlikely that the father will be able to get a visitor visa to see her in the US.

In order for the US Embassy/Consulate to issue an immigration visa to a minor, both parents have to consent. Without the father's consent, your will need a court order allowing his daughter to immigrate to the US. The US will not assist one parent from depriving the non-immigrating parent access to their child by issuing an immigration visa.

[payxibka 10,045]

It's 18 years old. The US Embassy/Consulate will not issue an immigration visa to a minor without the permission of both parents.

Country specific answer and in Ukraine it is 16

[Jojo92122 1,924]

Country specific answer and in Ukraine it is 16

The legal age of majority in the Ukraine is 18. http://www.interpol.int/Public/Children/SexualAbuse/NationalLaws/CsaUkraine.pdf

A 16 years old would still be a minor.

Can you please provide a citation that a 16 years does not need the consent of both parents to obtain an immigration visa? I couldn't find any information on this.

[Jojo92122 1,924]

The legal age of majority in the Ukraine is 18. http://www.interpol.int/Public/Children/SexualAbuse/NationalLaws/CsaUkraine.pdf

A 16 years old would still be a minor.

Can you please provide a citation that a 16 years does not need the consent of both parents to obtain an immigration visa? I couldn't find any information on this.

Found the information. Thank you for correcting my mistake.

http://travel.state.gov/abduction/country/country_5253.html

Exit Permits: Ukraine does have exit controls. When travelers enter or exit Ukraine, their passports are checked by Ukrainian border control officers and the information is data-entered into a computer system. There is no public access to this system. Court and other official requests for entry/exit information must be made in writing to the Ukrainian State Border Control Service. Ukrainian citizen children under the age of 16 can exit Ukraine only if both parents consent, either in person while traveling with a child or by providing written consent witnessed by a Ukrainian notary. This does not apply to children without Ukrainian citizenship. If a child travels on a foreign passport, but the border guards have reasons to believe that a child obtained Ukrainian citizenship at birth (e.g. at least one of the parents is Ukrainian), parental consent to travel is generally required.

[bushido 0]

I am not looking to refuse a father a right to visit with his child. I have a son myself and would hate to be denied his company...

It sounds like we are pretty much out of options with her minor child unless he changes his mind.

Thanks for the comments

[Jojo92122 1,924]

I am not looking to refuse a father a right to visit with his child. I have a son myself and would hate to be denied his company...

It sounds like we are pretty much out of options with her minor child unless he changes his mind.

Thanks for the comments

Hi,

I understand it is not your intention to deny the father the right to visit the child. However, that would be the effect if you assist the child to immigrate to the US without the father's consent. It would be extremely difficult for the father to get a visitor visa to the US. He would effectively be cut off from his child.

Best of luck to you and your family. I hope the father does what is best for his child.

[payxibka 10,045]

It's 18 years old. The US Embassy/Consulate will not issue an immigration visa to a minor without the permission of both parents.

it is always good to know the correct answer before you jump..

I have a teenage stepson and believe me I am very certain of the requirements for him to depart the country. O personally live it each time we visit

[payxibka 10,045]

I am not looking to refuse a father a right to visit with his child. I have a son myself and would hate to be denied his company...

It sounds like we are pretty much out of options with her minor child unless he changes his mind.

Thanks for the comments

My son's father was hesitant to give his permission... My wife and I discussed many options and both decided that we would not pursue a financial incentive to get him to sign. What we finally did and it worked, is that we reminded him that if he let his son go that his son would be eligible to become a US Citizen and once he is an adult has the potential to petition him to come and live in the USA. This was intriguing enough for him to let him come. Moral of the store, you gotta find the father's "sweetspot".

[Beau & Digna 5]

We are applying for a K-1/K-2 visa in Cuba, and were planning to get a letter of permission from the parent of an 18 year old. If I understand correctly, a letter of permission would not be required since he's 18? Or could the age requirement be even 19, 20, or 21 in Cuba? Thanks for the topic, and any help.

Beau and Digna