Sole Custody

[Gary and Alla 3,694]

Does anyone know how difficult is it to obtain a sole custody in Ukraine? My fiancee has a son and the biological father doesn't care, but he doesn't like his ex wife. Getting him to sign a release will most likely not be possible. I heard that getting sole custody in Ukraine is almost impossible. The baby was born just few months ago, so he had no time to neglect his son yet, but he has not seen him once. Did anyone went through something like that?

Extremely difficult in Ukraine, very much a patriarchal society. If she has not already filed with a court for child support then do so TOMORROW. Bribery works best and fortunately usually pretty cheap in Ukraine. Worked for us. Have an attorney draw up the papers (cost us $100) and have a signing party. He is absolved of all child support, past present and future, and signs an agreement allowing her to take the child to the USA permanently. make sure the document allows for the initial visa issue AND future vistis until age 16. You will need that docuemnt every time the child leaves Ukraine until age 16, regardless of their US immigration status. The child will always have a Ukrainian father and will always need the father's opermission to leave Ukraine for any reason until age 16. I am not guessing. Our youngest son needed this letter each time we left until he was 16.

You do NOT need the letter to say "sole custody" just that he gives permission for the child to relocate to the USA permanently and to leave the country to return to the USA on any

For others...thuis is a very serious issue, the most serious, and should be addressed and completed BEFORE you file the petition for the visa.

[Gary and Alla 3,694]

It is correct the document is needed for the interview, but as long as documents are in English, Russian or Ukrainian no translation is necessary.

True for the consulate. Not true for USCIS and you WILL need all these documents for the USCIS process also and we even were requested to provide the permission letter for his US passport once he became a US citizen! Even though he was over age 16 at that point! I could not find where that is needed for a passport but they wanted it so we gave it to them.

GET IT TRANSLATED...no brainer.

It is best to get ALL documents translated including school and medical records. Not because the consulate says so for visa issuance. Visa issuance is the easy part. It is not even an immigration process. You need these translations because they are going to be living in the United States where we speak English. Keep all these documents and multiple copies of translations in one place and take them with you when you go to do any process...driver's license, school regostration, etc. Until they become citizens you never know when and where you will need this stuff. Sergey needed it for his medical exam to attend Rice university in the US earlier this summer! When the question "Are you a US citizen?" is answered "No"...everything changes. Be prepared. It is also easier for you to be prepared for ignorant US government clerks than to argue with them about what is really needed.

[Gary and Alla 3,694]

Incidentally, if he is not listed on the birth certificate as the father, you do not need any permission letter from him. You would need a "Certificate of No Father" (for lack of better term) from ZAGS.

Keep in mind my answers are specific to Ukraine.

[Tjl3909 0]

My brothers wife told her ex (China) that if he didn't sign she would leave anyway and leave the child with him. (she was bluffing of course)

He didn't want the baby so he signed

[Gary and Alla 3,694]

My brothers wife told her ex (China) that if he didn't sign she would leave anyway and leave the child with him. (she was bluffing of course)

He didn't want the baby so he signed

I would never use children in a bluff. IMO that is disgusting and I would never recommend it. Leave the children out of it, stand up, look him in the eye and bribe him like a man. This is a desparation measure by someone that did not plan ahead. Trying to negotiate a signature when he knows you need it quickly is, at the very least, expensive. If we had not received the signature, I would have nix'd the K-1 and move to Ukraine until the youngest was 16 and we did not need the permission letter

Furthermore I would break off an engagement to a woman that would barter her children. Not for me.

If I were the woman and my fiance was so stupid to wait until he had to use such tactics I would take him out of the net and throw him back.

This letter needs to be done BEFORE you file the I-129f because why start down a road you cannot finish? You cannot take a woman from her children.

[spectec 12]

Extremely difficult in Ukraine, very much a patriarchal society. If she has not already filed with a court for child support then do so TOMORROW. Bribery works best and fortunately usually pretty cheap in Ukraine. Worked for us. Have an attorney draw up the papers (cost us $100) and have a signing party. He is absolved of all child support, past present and future, and signs an agreement allowing her to take the child to the USA permanently. make sure the document allows for the initial visa issue AND future vistis until age 16. You will need that docuemnt every time the child leaves Ukraine until age 16, regardless of their US immigration status. The child will always have a Ukrainian father and will always need the father's opermission to leave Ukraine for any reason until age 16. I am not guessing. Our youngest son needed this letter each time we left until he was 16.

You do NOT need the letter to say "sole custody" just that he gives permission for the child to relocate to the USA permanently and to leave the country to return to the USA on any

For others...thuis is a very serious issue, the most serious, and should be addressed and completed BEFORE you file the petition for the visa.

Gary in your opinion with this wording will we have issues with the child leaving on future visits to the Ukraine?

I,father – XXXXXX, know that the mother of my child –XXXXXX, date of birth is XXXXXX, has applied to depart from Ukraine to permanently reside in United States of America (USA), together with my minor child XXXXXX, born XXXXXX birth certificate XXXXXX. Thus, I declare that I don't have anything against their departure to United States of America for permanent residence, and upon leaving; mother XXXXXX doesn't have any unfulfilled responsibilities or property obligations to me, provided by the legislation ofUkraine.

It's clear the father allowed the child to both leave Ukraine and reside permanently in the USA so why would he not also be allowed to visit and return home to the USA.

Edited August 27, 2012 by spectec

[Gary and Alla 3,694]

Gary in your opinion with this wording will we have issues with the child leaving on future visits to the Ukraine?

I,father – XXXXXX, know that the mother of my child –XXXXXX, date of birth is XXXXXX, has applied to depart from Ukraine to permanently reside in United States of America (USA), together with my minor child XXXXXX, born XXXXXX birth certificate XXXXXX. Thus, I declare that I don't have anything against their departure to United States of America for permanent residence, and upon leaving; mother XXXXXX doesn't have any unfulfilled responsibilities or property obligations to me, provided by the legislation ofUkraine.

It's clear the father allowed the child to both leave Ukraine and reside permanently in the USA so why would he not also be allowed to visit and return home to the USA.

You must have the same lawyer we did, the wording is nearly exactly the same. We had no trouble for three years with a letter worded as such. We were warned by passport control agents when leaving Ukraine that we "should change the wording because there is some changes in the law coming" I have since suggested that people do this but in point of fact our letter was nearly identical to yours and we never had a problem. The last time we used the letter was 2010, Pasha turned 16 in 2011. We have not needed it since (Alla still carries it with her)