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bwaaderant

ex-husband's permission for child to leave the country?

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My fiancee has a 6 year old daughter from her previous marriage. Does anyone know if his permission is required for her to leave the country and move here to the US with her mother, my fiancee? They live in Russia and my fiancee said that his permission is required, but I have not seen anything posted about that, or perhaps I just missed it. Any help would be appreciated! Thanx

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Filed: K-1 Visa Country: Canada
Timeline

If she has full custody and has documents to prove it then no. Otherwise she does need permission.


*January 24 2006 - mailed in I129-F petition

*January 25 2006 - I129-F received at CSC

*January 30 2006 - packet returned.....arggggggggg we forgot one signature!!

*January 31 2006 - sent I129-F back to the CSC, hope we did not forget anything else

*February 1 2006 - I129-F received at CSC again

*February 3 2006 - NOA1

*April 20 2006 - NOA2!!!!!

*April 24 2006 - Touched!

*May 15 2006 - NVC received petition today!

*May 17 2006 - Case left NVC today!!

*May 30 2006 - Received Packet 3 from Vancouver!

*May 30 2006 - Faxed back Packet 3!!

*June 6 2006 - Received packet 4!

*June 20 2006 - Medical in Saskatoon

*June 28 2006 - Interview in Vancouver!!

*June 28 2006 - GOT THE VISA!!!*June 30 2006 - Moving day!

*July 3 2006 - Home at last!!

*July 28 2006 - married!

*September 13 2006 - Mailed AOS/EAD package

*September 25 2006 - Received NOA for AOS/EAD

*October 6 2006 - Biometrics appointments

*October 10 2006 - Touched!

*October 19 2006 - Transferred to CSC!

*October 26 2006 - Received by CSC

*October 27 2006 - Touched

*October 28 2006 - Touched again

*October 31 2006 - Touched again

*November 2 2006 - Touched again

*November 3 2006- and another touch

*November 7 2006- touched

*November 7 2006 - My case approved, still waiting for kids!

*November 8 2006 - Touched my case again

*November 13 2006 - Greencard arrived...yeah I can work!

*November 14 2006 - Touched my case again

*January 2007 - RFE for kids Greencard.

*February 2007 - kids medical and sent in RFE

*February 2007 - Received kids greencards

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If she has full custody and has documents to prove it then no. Otherwise she does need permission.

She seems to think that since he has parental rights then she doesn't have full custody. He is allowed to see her every other weekend for 1 and a half hours, but only in her presence. He can't take her on his own. He doesn't make any effort to see her or to be involved in anyway in her life. My fiancee just says that the laws there are different, they are weighed heavily in the father's favor. So she seems to think she doesn't have full custody. That doesn't make sense to me since he is only allowed to see her in my fiancee's presence.

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Filed: K-1 Visa Country: Canada
Timeline

Does she have court documents stating who has custody? It would have to state that she has sole custody. If it is shared or she does not have it then she needs permission for moving and the passport as far as I know.

Edited by cristy

*January 24 2006 - mailed in I129-F petition

*January 25 2006 - I129-F received at CSC

*January 30 2006 - packet returned.....arggggggggg we forgot one signature!!

*January 31 2006 - sent I129-F back to the CSC, hope we did not forget anything else

*February 1 2006 - I129-F received at CSC again

*February 3 2006 - NOA1

*April 20 2006 - NOA2!!!!!

*April 24 2006 - Touched!

*May 15 2006 - NVC received petition today!

*May 17 2006 - Case left NVC today!!

*May 30 2006 - Received Packet 3 from Vancouver!

*May 30 2006 - Faxed back Packet 3!!

*June 6 2006 - Received packet 4!

*June 20 2006 - Medical in Saskatoon

*June 28 2006 - Interview in Vancouver!!

*June 28 2006 - GOT THE VISA!!!*June 30 2006 - Moving day!

*July 3 2006 - Home at last!!

*July 28 2006 - married!

*September 13 2006 - Mailed AOS/EAD package

*September 25 2006 - Received NOA for AOS/EAD

*October 6 2006 - Biometrics appointments

*October 10 2006 - Touched!

*October 19 2006 - Transferred to CSC!

*October 26 2006 - Received by CSC

*October 27 2006 - Touched

*October 28 2006 - Touched again

*October 31 2006 - Touched again

*November 2 2006 - Touched again

*November 3 2006- and another touch

*November 7 2006- touched

*November 7 2006 - My case approved, still waiting for kids!

*November 8 2006 - Touched my case again

*November 13 2006 - Greencard arrived...yeah I can work!

*November 14 2006 - Touched my case again

*January 2007 - RFE for kids Greencard.

*February 2007 - kids medical and sent in RFE

*February 2007 - Received kids greencards

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Filed: K-1 Visa Country: Canada
Timeline

She most likely has Joint Custody with her as the Primary caregiver.

It doesn't matter if the dad sees the child once every other weekend. She will still need to get a letter filied with a lawyer or notarized stating he is giving permision to let her move the child out of the country. She will also need his permission to obtain a Passport for the child.

She will also need to have her Custody papers to show as well.

Edited by raphael7546

A Lily & A Rose...Together Forever !

April 28th INTERVIEW DATE !!!!!!!! APPROVED

June 30th Arrived in my Sweeties Arms !!

August 4th.2005 Our Wedding

Sept. 19th Sent AOS

Sept 28th recieved NOA for AOS

Nov.05/05 recieved Biometrics letter

Nov.17th Biometrics Appt.

Nov. 22nd. AP Approved

Nov. 25th/05 recieved EAD card

Nov.30th. recieved AP Papers in mail

Dec. 08th/05 Recieved Snail mail letter for AOS Interview Feb 15th 7:40 AM.

Feb. 15th. /06 AOS Interview SUCCESS !!!! no more to deal with for another 2 yrs!

Feb. 27th./06 Recieved Greencard in the mail

August 4th/06 Our First Wedding Anniversary !!

Feb. 8th 08 Sent in Packet to remove conditions

Feb 23rd 08 Recieve NOA letter stating they are extending my Greencard for another year.

March 11th 08 biometrics appt.

May 29th 08 recieved email stating Card production ordered

June 7th 2008 10 yr card recieved.

~~~~~~~~~~~~~~~~~~~~~~~~~~~~~

alfie.jpg

My lil Alfie boy

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Filed: Citizen (pnd) Country: Germany
Timeline

Was she married to the father?

Sorry, answer is yes.....usually he has custody than, just wondering why he is only able to see the child in her presence. That sounds like no custody... She should try to get his permission - if he does not care it should not be an issue?

Good luck, Anja

Edited by Anja_and_Henry

08/10/2009 - sent off I-751 to CA service center

08/16/2009 - check cashed

08/28/2009 - received NOA1

09/11/2009 - biometrics in Portland

03/30/2010 - done for the next 10 years.............

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Filed: K-1 Visa Country: Canada
Timeline

Often if it is supervised custody then only one parent has custody.


*January 24 2006 - mailed in I129-F petition

*January 25 2006 - I129-F received at CSC

*January 30 2006 - packet returned.....arggggggggg we forgot one signature!!

*January 31 2006 - sent I129-F back to the CSC, hope we did not forget anything else

*February 1 2006 - I129-F received at CSC again

*February 3 2006 - NOA1

*April 20 2006 - NOA2!!!!!

*April 24 2006 - Touched!

*May 15 2006 - NVC received petition today!

*May 17 2006 - Case left NVC today!!

*May 30 2006 - Received Packet 3 from Vancouver!

*May 30 2006 - Faxed back Packet 3!!

*June 6 2006 - Received packet 4!

*June 20 2006 - Medical in Saskatoon

*June 28 2006 - Interview in Vancouver!!

*June 28 2006 - GOT THE VISA!!!*June 30 2006 - Moving day!

*July 3 2006 - Home at last!!

*July 28 2006 - married!

*September 13 2006 - Mailed AOS/EAD package

*September 25 2006 - Received NOA for AOS/EAD

*October 6 2006 - Biometrics appointments

*October 10 2006 - Touched!

*October 19 2006 - Transferred to CSC!

*October 26 2006 - Received by CSC

*October 27 2006 - Touched

*October 28 2006 - Touched again

*October 31 2006 - Touched again

*November 2 2006 - Touched again

*November 3 2006- and another touch

*November 7 2006- touched

*November 7 2006 - My case approved, still waiting for kids!

*November 8 2006 - Touched my case again

*November 13 2006 - Greencard arrived...yeah I can work!

*November 14 2006 - Touched my case again

*January 2007 - RFE for kids Greencard.

*February 2007 - kids medical and sent in RFE

*February 2007 - Received kids greencards

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Filed: K-1 Visa Country: Switzerland
Timeline
Which one of you guys is familiar with russian law?

You can argue about it all day, but if none of you are familar with it then the arguement is pointless..

she best go call the court if she s not sure if she got full custody. true, russian law might be diffrent. i got full custody without even beeing ask at court. here in switzerland its rare to get shared one. it really sounds like the custody is only on her, because hes allowed to see the kid only so rarely and with not alone. strange. i got full custody on my kid, and the father is still allowed to see her every second week for 8 h. and even holidays. important as well, does she has a passport for her? or can she issue one? my ex as well is not intrested at the kid, but i am sure,if it was on him to accept, he would deny. but inher case, i guess, if it comes to the point that he has to sign, he might sign, otherwise the kid must stay with him, and i guess, coz he isnt intrested anyway, he would sign.. so, all a matter to find out.


K1 TIMELINE

2/10/2006 I-129f sent to TSC

2/13/2006 they received it

2/16/2006 guess it was fowarded to CA, so they got it that date

2/21/2006 check finally cashed

2/23/2006 NOA1 received

5/01/2006 NOA2

5/30/2006 e mail from CSC: petition was requested for review!! ????

5/31/2006 another e mail reply: petition was approved but has not been fowarded yet

6/15/2006 finally!!!! Petition received by NVC!

6/16/2006 left NVC

6/22/2006 US Embassy in Bern, Swiss rec'd petition

6/28/2006 rec'd paket 3

6/29/2006 sent paket 3 back

7/13/2006 got interview date!!

7/27/2006 Interview! APPROVED!!!!! YEAH!

9/18/2006 Planed flight to Raleigh/ NC........

11/18/2006 WEDDING DAY!

AOS

12/14/2006 AOS receipt date

01/18/2007 Biometrics in Charlotte

01/16/2007 Sent additional information (proof of income, ect) for AOS

01/29/2007 Case has been transfered to CSC ( in order to speed up processing.....)

02/17/2007 E mail from CSC... they received case...!!!??? (wooow....long journey..)

02/26/2007 E mail notification: Card production ordered! YEAH!

02/27/2007 E mail notification: Notice mailed welcoming the new resident!!GRATE!and without

interview!!!!!

03/04/2007 GREENCARD IN MAIL, YEAH!!!!!

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Filed: K-1 Visa Country: Ukraine
Timeline

I am somewhat familiar with Ukrainian law on this point and it is probably very similar to Russian law. Your fiancee will have to get a notarized letter from her ex-husband stating that he is granting permission for the child to permanently immigrate to the US. She will also need to bring copies of the ex-husband's photo page and signature from his passport. According to the embassy in Kiev, there is no special wording that needs to appear on the notarized statement. Just make sure that you have an original Russian version with full legal names and you have an official English translation for the embassy at the interview.

Write an email to the embassy in Moscow to make sure.

If he won't give permission you'll have to go to court. If he is not involved in the child's life it's generally easy for her to get custody for a few hundred dollars and it takes a few months. If he is involved, there's no telling which way it will go.

In my case, my fiancee's ex-husband had always said he would give permission, but when it came time to sign the papers, he wanted $15,000 cash.

Good luck. I hope it works out for you.


12/06/05 Mailed I-129f to TSC

12/12/05 NOA1 date from CSC

03/14/06 NOA2 date from CSC

03/22/06 case mailed from NVC to Kiev

03/25/06 Received snail mail notice from CSC, application mailed to NVC

04/05/06 Kiev Embassy mailed Packet 3

04/16/06 Fiancee received Packet 3

04/26/06 Fiancee faxed KEV-1 checklist to embassy

05/04/06 Kiev Embassy mailed Packet 4

05/29/06 Medical exam

05/31/06 Interview in Kiev

06/02/06 Received Visa

06/24/06 POE JFK

09/15/06 Married!

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Filed: K-1 Visa Country: Canada
Timeline
Like I said.. this argument is pointless unless someone is familiar with Russian law.

For example, in Brazil, permission must be granted from both parents, regardless of who has custody.

They live in Russia and my fiancee said that his permission is required,

He states his Fiance said that the fathers permission is required. Were going on that asumption. He didn't ask if there's someone who knows Russian law.

If its pointless then why are you even posting. :whistle:


A Lily & A Rose...Together Forever !

April 28th INTERVIEW DATE !!!!!!!! APPROVED

June 30th Arrived in my Sweeties Arms !!

August 4th.2005 Our Wedding

Sept. 19th Sent AOS

Sept 28th recieved NOA for AOS

Nov.05/05 recieved Biometrics letter

Nov.17th Biometrics Appt.

Nov. 22nd. AP Approved

Nov. 25th/05 recieved EAD card

Nov.30th. recieved AP Papers in mail

Dec. 08th/05 Recieved Snail mail letter for AOS Interview Feb 15th 7:40 AM.

Feb. 15th. /06 AOS Interview SUCCESS !!!! no more to deal with for another 2 yrs!

Feb. 27th./06 Recieved Greencard in the mail

August 4th/06 Our First Wedding Anniversary !!

Feb. 8th 08 Sent in Packet to remove conditions

Feb 23rd 08 Recieve NOA letter stating they are extending my Greencard for another year.

March 11th 08 biometrics appt.

May 29th 08 recieved email stating Card production ordered

June 7th 2008 10 yr card recieved.

~~~~~~~~~~~~~~~~~~~~~~~~~~~~~

alfie.jpg

My lil Alfie boy

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Filed: Country: Canada
Timeline

I'm just trying to get my ex's permission to get my daughter's passport. He knows it depends on his signature on that form and if it will cause problems, make life difficult for me then he'll do it. That's his one last vestige of control and he's very reluctant to give it up...control freaks are like that. Sigh....joint custody sucks.... :(


Teaching is the essential profession...the one that makes ALL other professions possible - David Haselkorn

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Filed: K-1 Visa Country: Australia
Timeline

I am from Australia and had sole custody of both my children. Even though my ex saw the kids very infrequently, I still needed his permision to take the kids out of Australia to reside in another country. We had to go back to court to get the documentation legalised. My understanding is that your fiance will be asked for proof of this at her interview. I know I was asked to prove that I had legal permission from the kids father for them to reside in another country. I'd advise your fiance to see a solicitor ASAP.

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Its the same in the UK - tho really its what the US embassy/immigration NEEDS (which in most cases seems to be a notartised letter stating permission is given, where parents were married) not what the country of origin law is - tho in the case of the UK its the same thing, lol


Applied for K1

Met online 2001 - just aquaintances

Sept 2002 - 1st US visit - everything goes perfectly.

Dec 20th - Forms recev'd at CSC

Dec 27th - NOA1 received by snail mail!

Dec 29th - 'Touched'

March 10 2006 - NOA2!

March 23 - recv'd at NVC

March 24 - petition sent to London

April 9th - Pkt 3 rec'd!

May 17th - Pkt 3 signed for at London Embassy

May 24th - Medical

May24th - Pkt 4

June 14th - Interview 10am - APPROVED 1pm!!

June 16th - Visas received in my hot little hands 1pm :)

July 19th - flying to US!

July 27th - Married!! :-)

Aug 7th - Applied for SSN in married name

Aug 9th - SSN received

uk.gif1273.gifusa.gif

3dflagsdotcom_uk_2fawm.gif3dflagsdotcom_usa_2fawm.gif

I'm not a lawyer I just have opinions on everything :)

animated flags from http://3dflags.com

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