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Russian fiancée has child, but ex wants keep child in Russia

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Filed: K-1 Visa Country: Russia
Timeline

They are divorced, live separately, share custody and have a 4 year old child. When he learned last week that I am returning for a second visit soon, and that she wants to move to USA and marry me, he went to their apartment and hit her and yelled at their child. He is upset that she divorced him, has become incrasingly angry, and talks about getting custody and refusing to let their child leave Russia. What permission is needed for her to take their child with her, on our fiancée Visa?

Sincerely, David & Vasilisa

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Filed: Citizen (pnd) Country: Ukraine
Timeline

You are going to have a difficult time with this. He will need to provide permission of course. If possible, maybe the shortest way is to pay him a bribe to sign off. Your fiancé should talk to a lawyer in Russia. This type of situation is not uncommon in Russia (or Ukraine).


N-400

12/30/2019  Filed N-400 online

12/30/2019  NOA1

01/09/2020  Walk in biometric set up by IO at Ft. Myers to be done at ASC Ft. Myers.  Biometric completed.  Original Biometric was scheduled for  01/23/2020.  Estimated       Case Completion time 10 months (November 2020).

 

 

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Filed: K-1 Visa Country: Wales
Timeline

Does she have sole custody.


“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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Filed: Citizen (pnd) Country: Russia
Timeline

Has your fiancee reported the physical contact (the hit)?

I agree that it's best to speak with the lawyer, but NOT bribe anyone (I mean, jesus, gregcrs2, why would you ever suggest anyone do that?) - it may definitely be used against your fiancee in the future and considered human trafficking.

But she has to report everything he does to the police, and if possible - avoid staying alone with him.


Timeline:

Spoiler

 

08/19/2016 - I-485, I-130, I-765 sent to USCIS office in Chicago.

08/22/2016 - day 0 - package received and signed by CHYBA.

08/23/2016 - day 1 - priority date.

08/31/2016 - day 9 - electronic NOAs received via text and email, check is cashed.

09/06/2016 - day 15 - hard copies of NOAs received in the mail.

09/08/2016 - day 17 - biometrics appointment notice received in the mail (appointment date 09/19/2016).

09/13/2016 - day 22 - early biometrics walk in.

10/28/2016 - day 67 - EAD status changed to "New Card Is Being Produced".

10/28/2016 - day 67 - EAD status changed to "Case Was Approved".

10/31/2016 - day 70 - received EAD approval letter in mail.

11/10/2016 - day 81 - EAD status changed to "Card Was Mailed".

11/16/2016 - day 87 - EAD card received in mail.

02/10/2017 - day 173 - Submitted Change of Address request.

02/17/2017 - day 180 - Submitted a Service Request.

04/27/2017 - day 218 - online account said that response to service request has been sent, however no response received (to this day).

06/20/2017 - day 302 - At infopass appointment found out that my case was supposedly scheduled for interview in October, but because home country took forever to respond to security check request, it was postponed; case was in security check until 06/19/2017 & was returned a day before my infopass appointment.

06/27/2017 - day 309 - contacted the congressman office.

07/18/2017 - day 330 - heard back from congressman office; submitted Release of Information forms for both myself and my husband.

07/28/2017 - day 340 - finally received an interview appointment in mail (online status has not changed).

08/31/2017 - day 374 - Interview; I-485 status changed to 'New Card Is Being Produced'

09/05/2017 - day 379 - I-485 status changed to 'Card Was Mailed To Me'; received approval letters in mail for I-485 and I-130

09/08/2017 - day 382 - Greencard received in mail

06/20/2019 - day 1036 - ROC packet mailed

06/21/2019 - day 1037 - ROC packet received

06/29/2019 - day 1045 - NOA/Extension letter received in the mail (new GC expiration date is 2/28/2021)

01/17/2020 - day 1256 - biometrics appointment

06/03/2020 - day 1382 - N400 filed online

 

 

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Filed: Citizen (pnd) Country: Ukraine
Timeline

Has your fiancee reported the physical contact (the hit)?

I agree that it's best to speak with the lawyer, but NOT bribe anyone (I mean, jesus, gregcrs2, why would you ever suggest anyone do that?) - it may definitely be used against your fiancee in the future and considered human trafficking.

But she has to report everything he does to the police, and if possible - avoid staying alone with him.

Reporting? Probably will make things worse and police in Russia won't do anything about it anyway.

Considered human trafficking? Nope, does not even closely fall into the definition of human trafficking.

Paying off the ex in a situation like this is not uncommon in corrupt societies.


N-400

12/30/2019  Filed N-400 online

12/30/2019  NOA1

01/09/2020  Walk in biometric set up by IO at Ft. Myers to be done at ASC Ft. Myers.  Biometric completed.  Original Biometric was scheduled for  01/23/2020.  Estimated       Case Completion time 10 months (November 2020).

 

 

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Filed: K-1 Visa Country: Wales
Timeline

You have filed the K1, so what is the plan if the child can not come, go to the Father?


“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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Filed: AOS (pnd) Country: France
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Reporting? Probably will make things worse and police in Russia won't do anything about it anyway.

Considered human trafficking? Nope, does not even closely fall into the definition of human trafficking.

Paying off the ex in a situation like this is not uncommon in corrupt societies.

I agree with Greg. Bribing isn't uncommon tbh. :\


K1 Visa


3-3-2016 Form I-129F mailed
3-22-2016 Check was cashed
3-25-2016 Received NOA1
6-6-2016 Received NOA2 (73 days)
6-10-2016 Received NOA2 Hard Copy
6-27-2016 NVC received case (3 weeks)
6-29-2016 NVC Case Number.
6-30-2016 Case left NVC
7-25-2016 Medical Scheduled.
7-21-2016 Packet 3.
7-27-2016 Interview
8-8-2016 Visa Received.
8-28-2016 POE NYC.

AOS Process

9-15-2016 Sent out package.

9-17-2016 Package received at Chicago Lockbox!

9-24-2016 Received receipt texts for all three petitions. <3

9-27-2016 Check was cashed - could see case in USCIS app. :)

9-30-2016 Received hard copy of NOA's. Notice date - September 23rd.

10-11-2016 Received Biometrics appointment letter for October 28th.

10-15-2016 Case Approval Was Certified by USCIS

10-20-2016 Received RFIE for Affidavit of Support (dated 10/14/2016 on the letter)

10-21-2016 Sent out RFIE back to Department of Homeland Security with Co-Sponsor.

10-28-2016 Completed Biometrics.

10-31-2016 Response to RFE was received.

11-15-2016 EAD & AP approved! :)

11-18-2016 EAD being sent out.

11-19-2016 Received NOA2 for AP.

11-22-2016 Received EAD/AP in the mail. :)

11-28-2016 Case is ready to be scheduled for interview!

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Filed: Citizen (pnd) Country: Denmark
Timeline

I would see if someone knows if full custody is enough in Russia, it is in some countries. If it if then seek that. If not then I guess you'll have to try and take it to court. Or maybe the option mentioned above.


 

 

 

 

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Filed: Citizen (pnd) Country: Ukraine
Timeline

They have joint custody. Getting sole custody would be very difficult unless the ex-husband agreed to it.

We don't know the whole situation of the relationship between father and child.

Edited by gregcrs2

N-400

12/30/2019  Filed N-400 online

12/30/2019  NOA1

01/09/2020  Walk in biometric set up by IO at Ft. Myers to be done at ASC Ft. Myers.  Biometric completed.  Original Biometric was scheduled for  01/23/2020.  Estimated       Case Completion time 10 months (November 2020).

 

 

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Filed: Citizen (pnd) Country: Ukraine
Timeline

Abusive?

Hitting the mother of his child, does not speak too well of his character

It doesn't speak well of his character but it doesn't mean he does not love his child. We don't know the whole family situation so there are to many unknowns here. What I mean is, is he helping support his child? Does he have a relationship with the child or doesn't really care? Is his side of the family (parents, grandparents, aunts, uncles, brothers, sisters) close to the child or doesn't want anything to do with the child because of the divorce?


N-400

12/30/2019  Filed N-400 online

12/30/2019  NOA1

01/09/2020  Walk in biometric set up by IO at Ft. Myers to be done at ASC Ft. Myers.  Biometric completed.  Original Biometric was scheduled for  01/23/2020.  Estimated       Case Completion time 10 months (November 2020).

 

 

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Filed: K-1 Visa Country: Russia
Timeline

Like others have said, if he has any custody, this is going to be very difficult. While what the dad did sounds awful, none of us can really take sides because none of us were there and know the whole story. But I will say that unless the dad is truly abusive and is a bad person, taking his child away from him is a horrible thing to do. My children traveled with me to Russia this summer when I was with my fiance, but I could never imagine permanently taking them away from their father unless he were a threat to their well-being. So I couldn't recommend anything in your situation, other than you consider moving to Russia to live with her so her child won't have to be separated from one parent.

On another note, I once translated for a custody battle that was very similar. Bribes are common in Russia, which is how the mom got custody of her child and moved to America. But later on, the Russian dad came back, had some evidence that the Russian mom (now living in America) has been abusing the child, and he could prove he was a better parent. It was a very ugly case. So, be careful.

Edited by NuZayetsPogodi

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Filed: K-1 Visa Country: Russia
Timeline

Thank you to everyone who has replied. I appreciated your comments, speculation and opinions on ancillary topics, but my question remains: "What permission is needed for her to take their child with her, on our Fiancée Visa?"

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