Bringing Child from Russia to US - Father's Consent

[O&JForever 0]

Thank you for your response.

It is with regret that I say that this ban has been placed by the father of the child. Given this fact, what might be done? 

[Unlockable 7,306]

27 minutes ago, O&JForever said:

Thank you for your response.

It is with regret that I say that this ban has been placed by the father of the child. Given this fact, what might be done? 

This is a separate issue you (or rather your fiance) will have to face. You may not like it, but the father has rights and the courts ruled in his favor. Immigration is not going to take that away from him nor the child.

 

You have to start looking at this objectively. Would you want your child to be taken to another country? At least until you are comfortable with it.

 

This is out of the hands of immigration and will have to be resolved in your fiance's country's family courts. Unfortunately, these things happens with blended families. Be prepared for a long, drawn-out legal battle over the right for your fiance to immigrate her daughter.

[Juniper 62]

3 minutes ago, O&JForever said:

Thank you for your response.

It is with regret that I say that this ban has been placed by the father of the child. Given this fact, what might be done? 

With great regret of that development ...  that travel ban can only be overturned now by court proceedings until the child reaches 16 years of age when the child could be heard in court.

 

Based on attorney advice given to me, court proceedings to permit the child to leave Russia with the mother (and especially to the USA) has zero probability of working until child is 16 years old. 

 

If the mother has not gotten court ordered alimony of 25% of the father's gross income for child support, now is the time to do it.

 

It is possible that the father will not like paying court ordered 25% gross pay alimony taken directly from his employers payroll, and may consider cancelling the travel ban and give the mother a permission letter for child's immigration to the USA in lieu of paying alimony for the next 14 years.  This is probably the only legal leverage the mother can have and it requires the child to live with the mother getting the alimony. 

 

Also, given that there is a travel ban in place, anything that might be done to circumvent it other than court proceedings has terrible legal/criminal consequences.

 

IF the mother chooses to go to the USA on a K-1 Visa, and especially given that the father "pushed for his parental rights", the child's father does have the right to 100% determine where the child should live -->> with him or with other family members ... the point is that this is now the father's choice, not the mother's.

 

Always consult an attorney to make sure there are no other options.

[Boiler 43,595]

On 10/2/2018 at 3:44 PM, Boiler said:

Get the Fathers OK.

You did not seem to like that one so the other somewhat obvious option is for you to move to her.

[Lars & Sasha 17]

On 10/3/2018 at 1:02 PM, TM92 said:

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)

That's what I am doing. I am asking in a forum for Russia if anyone has this experience.  Reaching out to the Embassy has been a bit of a pain so I wanted to hear from someone who has gone through this already. I am positive I am not the first to bring over a fiancee and her child. 

[Lars & Sasha 17]

Well..my fiancee reached out to her ex-husband and he gave his written, notarized permission for her to take their son to the US! We are thrilled that it was that simple! He doesn't pay alimony, and she did tell him she preferred to handle this in a friendly manner versus going to court. I had been dreading this for some time, so happy to know this obstacle is behind us! Now just waiting for that NOA2.

[TBoneTX 43,250]

That's great news that verifies "We rarely get what we don't ask for."

[TM92 527]

4 hours ago, Lars & Sasha said:

That's what I am doing...

Of course; my post was directed to the user that provided irrelevant info twice: fact is Brazil≠Russia

[Lenchick 133]

15 hours ago, Juniper said:

With great regret of that development ...  that travel ban can only be overturned now by court proceedings until the child reaches 16 years of age when the child could be heard in court.

 

Based on attorney advice given to me, court proceedings to permit the child to leave Russia with the mother (and especially to the USA) has zero probability of working until child is 16 years old. 

 

If the mother has not gotten court ordered alimony of 25% of the father's gross income for child support, now is the time to do it.

 

It is possible that the father will not like paying court ordered 25% gross pay alimony taken directly from his employers payroll, and may consider cancelling the travel ban and give the mother a permission letter for child's immigration to the USA in lieu of paying alimony for the next 14 years.  This is probably the only legal leverage the mother can have and it requires the child to live with the mother getting the alimony. 

 

Also, given that there is a travel ban in place, anything that might be done to circumvent it other than court proceedings has terrible legal/criminal consequences.

 

IF the mother chooses to go to the USA on a K-1 Visa, and especially given that the father "pushed for his parental rights", the child's father does have the right to 100% determine where the child should live -->> with him or with other family members ... the point is that this is now the father's choice, not the mother's.

 

Always consult an attorney to make sure there are no other options.

not true about the age you specified. According to the Russian law the court  will take into consideration the child's opinion when the child is at least 10, but at the age of 14 children can choose which parent they want to reside with.

[Juniper 62]

You said:

not true about the age you specified. According to the Russian law the court  will take into consideration the child's opinion when the child is at least 10, but at the age of 14 children can choose which parent they want to reside with.

 

I agree with your post.  However. my attorney advice to me was with respect to the child being able to immigrate and being successfully heard in court to that effect.  That age is 16 to be successful for the child to immigrate if the child wanted to live with parent outside of Russia.  This is totally based on what Russian immigration attorneys have told me based on their experience.   

Edited October 7, 2018 by Juniper

[Juniper 62]

12 hours ago, Lars & Sasha said:

Well..my fiancee reached out to her ex-husband and he gave his written, notarized permission for her to take their son to the US! We are thrilled that it was that simple! He doesn't pay alimony, and she did tell him she preferred to handle this in a friendly manner versus going to court. I had been dreading this for some time, so happy to know this obstacle is behind us! Now just waiting for that NOA2.

Great important news.  Going to court for the mother to traditionally get 25% gross pay alimony for child support until the child is 18 sure has its effects at times. 

 

In my case, the father did not care and decided to pay the alimony.   However, we used the court order alimony as one of the important document to establish the mother as primary parent for NVC and Embassy and got the IR-2 Visa.  In our case, there was no travel ban for the child in the Federal Migration database, so mother and child passed through border control at the airport.

 

And the father will still be paying child support for 7 more years. 

Edited October 7, 2018 by Juniper

[Juniser 5]

4 hours ago, Juniper said:

Great important news.  Going to court for the mother to traditionally get 25% gross pay alimony for child support until the child is 18 sure has its effects at times. 

 

In my case, the father did not care and decided to pay the alimony.   However, we used the court order alimony as one of the important document to establish the mother as primary parent for NVC and Embassy and got the IR-2 Visa.  In our case, there was no travel ban for the child in the Federal Migration database, so mother and child passed through border control at the airport.

 

And the father will still be paying child support for 7 more years. 

I logged in to my IR-2 profile so anyone reading my information can easily see my IR-2 timeline for reference. 

 

All the information I learned from Russian immigration attorneys and described in this thread really did work for our case where we never could get the Russian father's permission letter and the father decided to accept paying alimony after 10 years of not paying anything.  It took awhile to learn everything I described so that is why we ended up in an IR-2 Visa situation versus getting a K-2 Visa one year earlier.  In addition, because I am the US Citizen step-father and IR-2 petitioner, I felt it was of great importance that I go to Moscow and stand in front of the US Embassy CO with my step-son and swear that all documents were truthful and give my fingerprints.  The CO had a huge smile on his face during the 5 minute interview asking me only two questions about my marriage and then said to my step-son to enjoy your new life in the USA.  

[Lenchick 133]

32 minutes ago, Juniser said:

I logged in to my IR-2 profile so anyone reading my information can easily see my IR-2 timeline for reference. 

 

All the information I learned from Russian immigration attorneys and described in this thread really did work for our case where we never could get the Russian father's permission letter and the father decided to accept paying alimony after 10 years of not paying anything.  It took awhile to learn everything I described so that is why we ended up in an IR-2 Visa situation versus getting a K-2 Visa one year earlier.  In addition, because I am the US Citizen step-father and IR-2 petitioner, I felt it was of great importance that I go to Moscow and stand in front of the US Embassy CO with my step-son and swear that all documents were truthful and give my fingerprints.  The CO had a huge smile on his face during the 5 minute interview asking me only two questions about my marriage and then said to my step-son to enjoy your new life in the USA.  

When did you get married then? 

[Juniber 4]

40 minutes ago, Lenchick said:

When did you get married then? 

I logged in to my K-1 profile so anyone reading my information can easily see now see my K-1 timeline for reference.

 

Married 2016-01-22

Next learned to get court ordered alimony (if no permission letter) and learned about Federal Migration database and got document stating there was no travel ban for child.

CR-2 Petition NOA1: 2017-06-02 (with all required documents)

CR-2 Petition NOA2: 2018-01-23

NVC received CR-2 Petition 2018-01-30 and changed it to IR-2 since two years after marriage.

 

My wife made many trips back and forth and we had family help in-between.  The father was not involved with the child's life except to not give a permission letter and decided to pay alimony instead.  The father never knew about the Russian minor child travel ban law stated previously in this thread, and as a result, the primary parent mother had the right to leave Russia with her minor child ... and the IR-2 Visa was the permission to enter the USA (of course subject to our border inspection ... which was no problem at all).

 

Child now has 10 year green card and mother still has 2 year conditional.  Just sent off I-751 Lifting Conditions documents to USCIS for mother.

 

All very expensive but my wife is a wonderful person and mother and we did not give up on our life together.

Edited October 7, 2018 by Juniber