Bringing Child from Russia to US - Father's Consent

[Lars & Sasha 17]

My fiancee and I are currently waiting for our NOA2 for her and her 5 year old son. The child's biological father has said he will sign whatever documents we need in order to bring the child to the US. Is there a specific document that he needs to sign to allow the child to leave Russia and immigrate to the US? If not a specific form, how about a template?

 

Does anyone have any experience with this that they can share?
Thank you!

[wiltonh3 1]

I just finished filling out the DS-160 for Brazil. When you fill that out, it will ask about any children and if they are also coming. Then you must fill out a DS-160 for the child.

There are two things I needed in Brazil to bring her child.

#1 The father had to go with her to the passport office to get his passport

#2 Most countries will require a statement from the missing parent, notarized, saying that the single parent has his permission to take the child out of the country. It is not part of the Visa process, but the airlines and customs will not let you leave with the child unless you have that document. I assume there is something similar in Russia. It seems to be part of an international agreement. There were forms that I downloaded that were Brazil specific. Search for INTERNATIONAL TRAVEL FOR MINORS WITH ONE PARENT.

Hope it helps.

 

[Lars & Sasha 17]

29 minutes ago, wiltonh3 said:

I just finished filling out the DS-160 for Brazil. When you fill that out, it will ask about any children and if they are also coming. Then you must fill out a DS-160 for the child.

There are two things I needed in Brazil to bring her child.

#1 The father had to go with her to the passport office to get his passport

#2 Most countries will require a statement from the missing parent, notarized, saying that the single parent has his permission to take the child out of the country. It is not part of the Visa process, but the airlines and customs will not let you leave with the child unless you have that document. I assume there is something similar in Russia. It seems to be part of an international agreement. There were forms that I downloaded that were Brazil specific. Search for INTERNATIONAL TRAVEL FOR MINORS WITH ONE PARENT.

Hope it helps.

 

Thank you for your response. So, it sounds like the only requirement specific to the process is that the father has to go with the mother to get the child's passport. Is this after the interview when they go to get their travel documents which allow them to come to the US? I am assuming they have to turn over their passports as part of the process and then pick them up when they are approved to travel to the US?

 

I will also search for the International Travel for Minors as you suggested. Thank you.

 

 

[wiltonh3 1]

No, you need to take the passport with you to the interview. At the interview, they will take your passport so they can attach the visa.

You should do that right away. And while you have the father, it is a good time for you to meet him to sign and get notarized the form for travel.

Will

[Lars & Sasha 17]

Just now, wiltonh3 said:

No, you need to take the passport with you to the interview. At the interview, they will take your passport so they can attach the visa.

You should do that right away. And while you have the father, it is a good time for you to meet him to sign and get notarized the form for travel.

Will

Ok. The father needs to go with her when she goes to pick up the passports and visas?

[TM92 527]

1 hour ago, Lars & Sasha said:

My fiancee and I are currently waiting for our NOA2 for her and her 5 year old son. The child's biological father has said he will sign whatever documents we need in order to bring the child to the US.

I found info from Sheremetyevo International Airport (SVO):

Quote

Travelling outside the Russian Federation with a child

If a child is travelling with one of their parents, the consent of the other parent is not required.

If the child is traveling abroad alone or with other persons, you must prepare a notarized consent from at least one of the parents or a legal representative of the child.

If one of the parents does not agree to the departure of their child, they have the right to notify the territorial body of the Ministry of Internal Affairs at the place of residence (stay), as well as the border control authority or diplomatic mission abroad. In this case, the decision on the possibility of the child's departure from Russia is made by a court.

You can also show the embassy a general notarized statement from the father and reference this info provided by SVO.

[Lenchick 133]

3 hours ago, Lars & Sasha said:

My fiancee and I are currently waiting for our NOA2 for her and her 5 year old son. The child's biological father has said he will sign whatever documents we need in order to bring the child to the US. Is there a specific document that he needs to sign to allow the child to leave Russia and immigrate to the US? If not a specific form, how about a template?

 

Does anyone have any experience with this that they can share?
Thank you!

The father needs to go to the notary and write a statement. Notaries do it, they know what to write. It’s basically a statement that says that he allows his child to immigrate to the US and such. The father then signs it. This paper your fiancé should bring to the interview. 

[Lenchick 133]

3 hours ago, Lars & Sasha said:

My fiancee and I are currently waiting for our NOA2 for her and her 5 year old son. The child's biological father has said he will sign whatever documents we need in order to bring the child to the US. Is there a specific document that he needs to sign to allow the child to leave Russia and immigrate to the US? If not a specific form, how about a template?

 

Does anyone have any experience with this that they can share?
Thank you!

You don’t have to meet this father. I imagine it would be awkward. Neither does he have to go and pick up anything with your fiancé.  Absolutely unnecessary and not even required. 

[Lenchick 133]

2 hours ago, TM92 said:

I found info from Sheremetyevo International Airport (SVO):

You can also show the embassy a general notarized statement from the father and reference this info provided by SVO.

I commented before time above, but actually went and read in Russian on some

lawyer website that the Russian law doesn’t say anything on permission from another parent for the child to permanently immigrate  to another country. Although, if the parent is against it, he/she can file it through the court. Also, the border control won’t require the consent to leave Russia if the child is traveling with one of the parents. That’s probably why the US embassy in Russia doesn’t specify in the list of documents for the interview anything about biological parent consent or custody. But to be on a safe side, you can contact the embassy and ask. I know that some other Soviet countries require and so I assumed first that Russia did too. I read on forums that the border control in Russia has the database and if a parent doesn’t allow the child to immigrate the claim filed With a court will show up in their record

[O&JForever 0]

Hello All,

   I have a similar issue as discussed here. My fiancee, from Russia, has a 4 year old child that the biological father had no contact of any kind with the father until hearing of the emigration of the mother to the US (and obviously taking the child as well). At that point he went to court to push paternity rights which were granted. He has refused to allow his consent for child to leave Russia.

   My fiancee was told by members of court staff that she cannot do much of anything now, but after she comes to the US and we many she can then petition the court to allow the move of the child to the US. The child would stay with my fiancee's parents as guardians, who all currently live together until then.

  Does anyone know of any particular things that can be done to ensure that the child will be able to come to the US?

Edited October 2, 2018 by O&JForever

[Boiler 43,425]

47 minutes ago, O&JForever said:

Hello All,

   I have a similar issue as discussed here. My fiancee, from Russia, has a 4 year old child that the biological father had no contact of any kind with the father until hearing of the emigration of the mother to the US (and obviously taking the child as well). At that point he went to court to push paternity rights which were granted. He has refused to allow his consent for child to leave Russia.

   My fiancee was told by members of court staff that she cannot do much of anything now, but after she comes to the US and we many she can then petition the court to allow the move of the child to the US. The child would stay with my fiancee's parents as guardians, who all currently live together until then.

  Does anyone know of any particular things that can be done to ensure that the child will be able to come to the US?

Get the Fathers OK.

[Lenchick 133]

8 hours ago, O&JForever said:

Hello All,

   I have a similar issue as discussed here. My fiancee, from Russia, has a 4 year old child that the biological father had no contact of any kind with the father until hearing of the emigration of the mother to the US (and obviously taking the child as well). At that point he went to court to push paternity rights which were granted. He has refused to allow his consent for child to leave Russia.

   My fiancee was told by members of court staff that she cannot do much of anything now, but after she comes to the US and we many she can then petition the court to allow the move of the child to the US. The child would stay with my fiancee's parents as guardians, who all currently live together until then.

  Does anyone know of any particular things that can be done to ensure that the child will be able to come to the US?

Maybe he has had something to do with the child but your fiancé just told you something different? I wouldn’t start doing any paperwork until the child matter were resolved. Being a mother it hurts to think a 4 year old child could be left behind. You can move to Russia for some time.  As an option you can offer the father good amount of   💰💰💰for his consent to allow the child to immigrate and see if he agrees. If not he might be a good father after all. 

[wiltonh3 1]

I don't know about Russia, but when my fiancé went to get a passport for her son, they would not give it to her until the father came and signed paperwork in person. This was Brazil.

 

[TM92 527]

1 hour ago, wiltonh3 said:

I don't know about Russia, but when my fiancé went to get a passport for her son, they would not give it to her until the father came and signed paperwork in person. This was Brazil.

Since every country is different, @Lars & Sasha's fiance should research the requirements for the child's passport: http://www.travel.ru/passports/docs_bio/ (Google Translate)

[Juniper 62]

On 10/2/2018 at 3:56 PM, O&JForever said:

Hello All,

   I have a similar issue as discussed here. My fiancee, from Russia, has a 4 year old child that the biological father had no contact of any kind with the father until hearing of the emigration of the mother to the US (and obviously taking the child as well). At that point he went to court to push paternity rights which were granted. He has refused to allow his consent for child to leave Russia.

   My fiancee was told by members of court staff that she cannot do much of anything now, but after she comes to the US and we many she can then petition the court to allow the move of the child to the US. The child would stay with my fiancee's parents as guardians, who all currently live together until then.

  Does anyone know of any particular things that can be done to ensure that the child will be able to come to the US?

 

I wanted to repeat this information:

 

  Quote

Travelling outside the Russian Federation with a child

If a child is travelling with one of their parents, the consent of the other parent is not required.

If the child is traveling abroad alone or with other persons, you must prepare a notarized consent from at least one of the parents or a legal representative of the child.

If one of the parents does not agree to the departure of their child, they have the right to notify the territorial body of the Ministry of Internal Affairs at the place of residence (stay), as well as the border control authority or diplomatic mission abroad. In this case, the decision on the possibility of the child's departure from Russia is made by a court.

 

Do NOT do this: it has ZERO chance of working: "she can then petition the court to allow the move of the child to the US"

 

You said specifically:  "At that point he went to court to push paternity rights which were granted. He has refused to allow his consent for child to leave Russia."

 

The following information is ONLY for Russia and I have consulted attorneys on how to do this and I successfully did this to get my step-child out of Russia and now living in the USA without the father's permission.

 

Even given what the father in your case has done so far ... the child can successfully leave Russia with the mother

 

IF

 

1) Mother can establish primary custody of the child for the US Embassy to get K-2 Visa with the following documents:

      1a)  Original divorce document (which typically does not discuss custody)

      1b)  Court ordered alimony that the father pays 25% gross income to mother for support of one child

      1c)  Civil document that certifies that the mother and child are registered at the same residence

 

Comments on 1): In Russia, alimony is the word used for child support and the court ordered alimony of the normal 25% for one child is primary hard evidence that the mother is primary parent regardless of any court order the father has "pushing his paternity rights".  If mother does not have this court order alimony for the child, this must be done as soon as possible and never mention the possibility of the child traveling out of Russia during that process.  The above 3 documents is all you need for the US Embassy to consider the mother to be the primary parent and issue the K-2 Visa (assuming the father has not directly contacted the US Embassy not giving his permission ... which is very unlikely)

 

AND  2)  The father has NOT petitioned that his child is NOT allowed to leave Russia to the "territorial body of the Ministry of Internal Affairs" or also known as a local office of the Federal Migration Service. 

 

Comments on 2) When at a Russian airport to leave Russia, you will have no problem getting your tickets issued as long as the mother and child tickets are in one booking and you have the original child birth certificate with mother's name.  The big problem is to get past border control next ... and that is where they check that the mother's taxes have all been paid and where they check the child's information (if any) in the Federal Migration Service database.  If there is no ban on the child leaving Russia (because the father did NOT petition the Federal Migration Service that his child is NOT allowed to leave Russia), the mother will be free to continue to get on the plane with her child.  

 

SO KNOWLEDGE IS POWER.  Do not talk to the father anymore about the child leaving Russia.  Understand the following Russian law listed below ... find out if any travel ban exists for the child in the Federal Migration Service database  ... and pray that the father never learns about the "travel ban law" listed below because he can ban his child from leaving Russia at any time before the child leaves.  If the mother is considered primary parent by the US Embassy for the child's K-2 Visa and there is no travel ban for the child in the Federal Migration Service database, the child will get to the USA.  I did this for an IR-2 Visa for my step-son and I went to the US Embassy in Moscow as US Petitioner to swear and give my fingerprints that all documents were truthful ( i.e. I did not need a father's permission letter) and my wife left Russia with her son two weeks later.  Everything I have said I learned from very smart attorneys and it cost a lot of money to learn it.  By understanding the "travel ban law" below and maybe finding an Attorney familiar with this Russian law, you will get up-to-date advice to solve your problem and be comfortable with how to accomplish it.  

 

The father has every right to refuse that his child not leave Russia, but there is only one way to do that in Russia and if he does NOT do this according to the following law, the mother has every right to leave Russia with her child:

 

According to Article 21 of Federal Law No. 114-ФЗ (FZ) as of 08/15/1996
on the Procedure for Exit from the Russian Federation and Entry Into the Russian
Federation, the procedure for filing an application stating opposition to exit from
the Russian Federation of a minor citizen of the Russian Federation shall be
established by the Government of the Russian Federation.

According to Decree No.273 of the Government of the Russian Federation
as of May 12, 2003 on the Establishment of the Rules for filing an application
stating opposition to exit from the Russian Federation of a minor citizen of the
Russian Federation, the above Rules describe the procedure for filing an
application stating opposition to exit from the Russian Federation of a minor
citizen of the Russian Federation in accordance with Article 21 of Federal Law No.
114-ФЗ (FZ) as of 08/15/1996 on the Procedure for Exit from the Russian
Federation and Entry Into the Russian Federation (hereinafter referred to as the
“application”).

 

An application must be personally filed by one of the parents, or adopted
parents, a trustee, or a legal guardian of the minor citizen of the Russian Federation
(hereinafter referred to as the “applicant”) with a local office of the Federal
Migration Service at the place of permanent or temporary residence, a border
control body, or a diplomatic mission (consular institution) of the Russian
Federation if the applicant permanently resides outside the Russian Federation.

Edited October 6, 2018 by Juniper