Ex Husband's permission

[T&A2018 4]

Hi forum . We are in the process of getting K1 visa already. She lives in Odessa . She also have a child from a previous marriage.  Her ex-husband doesn't want to sign the papers for a kid to leave a country , even tho he doesn't much care about his kid , he is out of town 6-7 months a year and even when he is in town , sees the kid once a week for couple of hours, the kid is more attached to me then to his biological father. So anyway , here is the question ... Has anyone been in this kind of situation ? How did u  resolve it ? Do they ask for the father's approval letter at the embassy interview? We are currently fighting in courts , but this process might take forever. I'd really appreciate any advice from the forum , thanks .

[Crazy Cat 39,213]

I honestly don't think you have a voice in the matter......it's between the parents...I think the matter is being handled exactly as it should be.....just my opinion.

[T&A2018 4]

What do you mean its between the parents? She asked for permission , he said no . 

[David & Diana R 1,005]

12 minutes ago, T&A2018 said:

Hi forum . We are in the process of getting K1 visa already. She lives in Odessa . She also have a child from a previous marriage.  Her ex-husband doesn't want to sign the papers for a kid to leave a country , even tho he doesn't much care about his kid , he is out of town 6-7 months a year and even when he is in town , sees the kid once a week for couple of hours, the kid is more attached to me then to his biological father. So anyway , here is the question ... Has anyone been in this kind of situation ? How did u  resolve it ? Do they ask for the father's approval letter at the embassy interview? We are currently fighting in courts , but this process might take forever. I'd really appreciate any advice from the forum , thanks .

I believe that the father would have to lose all parental rights in court before the child could be taken out of the country without his permission.  From what you are saying the father does visit the child and that makes it very unlikely that the courts would strip him of all parental rights.  How would you feel if someone was marrying your ex-spouse and wanted to remove the child from the US?  David

[Crazy Cat 39,213]

3 minutes ago, T&A2018 said:

What do you mean its between the parents? She asked for permission , he said no . 

Then it is up to the court in her country....and the 2 parents.......if you were married to the mother, you might  have more standing....but, as of now, none.

Edited November 29, 2018 by missileman

[David & Diana R 1,005]

4 minutes ago, T&A2018 said:

What do you mean its between the parents? She asked for permission , he said no . 

Exactly

[Crazy Cat 39,213]

1 minute ago, David & Zoila said:

I believe that the father would have to lose all parental rights in court before the child could be taken out of the country without his permission.  From what you are saying the father does visit the child and that makes it very unlikely that the courts would strip him of all parental rights.  How would you feel if someone was marrying your ex-spouse and wanted to remove the child from the US?  David

and I see a fiance as not relevant.......as compared to a step-parent.

[NigeriaorBust 4,087]

  If the other parent says no and you try to remove the child against his wishes you open up possible charges of kidnapping and human trafficking which doesn't look good to immigration.   Let it work it's way through the courts.  You could move there and then it wouldn't be an issue. 

[T&A2018 4]

I understand what you are trying to say. But , he doesn't much care about his  kid. He contacts the kid once in 3-4 months , doesn't help financially , even tho he makes good money . I don't want to to get into details , but he's doing that just to make her life harder. This topic isn't about him being a good father or not , or his rights. And yes, if it was me and i saw my kid once on 8 months and i knew that my kid would have better future in US , i"d permit the kid to leave. She offered to fly the kid to him during his vacation and etc. 

[payxibka 10,044]

43 minutes ago, T&A2018 said:

Hi forum . We are in the process of getting K1 visa already. She lives in Odessa . She also have a child from a previous marriage.  Her ex-husband doesn't want to sign the papers for a kid to leave a country , even tho he doesn't much care about his kid , he is out of town 6-7 months a year and even when he is in town , sees the kid once a week for couple of hours, the kid is more attached to me then to his biological father. So anyway , here is the question ... Has anyone been in this kind of situation ? How did u  resolve it ? Do they ask for the father's approval letter at the embassy interview? We are currently fighting in courts , but this process might take forever. I'd really appreciate any advice from the forum , thanks .

For children under the age of 16 a permission letter is required.   The letter is required to be shown to the passport control upon exit as well.  It's a no go without it .  Been there done that in Ukraine .  In my situation,  permission was given after a mutually agreeable offer was put on the table

Edited November 29, 2018 by payxibka

[Boiler 43,426]

Assuming she will not move without the child looks like you will need to be the one that moves.

[T&A2018 4]

4 minutes ago, Boiler said:

Assuming she will not move without the child looks like you will need to be the one that moves.

She will fly here , get her green card , then we would have to fight in courts. At least in this case , she'd be able to fly in and out. We are ready for a long court battle . It is , what it is . 

[payxibka 10,044]

1 minute ago, T&A2018 said:

She will fly here , get her green card , then we would have to fight in courts. At least in this case , she'd be able to fly in and out. We are ready for a long court battle . It is , what it is . 

Is she go through an extended separation, because it is quite a few months before she can travel back? You might consider marriage in Ukraine and bring her as a spouse because then she will have her green card upon entry

[Ontarkie 13,913]

I just wanted to add even with a court order to be able to move the child the father does not lose rights to the child. Those are two separate things. 

 

Yes you need his permission or a court order. Just be warned though they can refuse to give your fiance a visa if the child doesn't get consent. I've seen it just once but it was done. 

Also the mother leaving the child back home while she moves gives the father more leverage as he can use it as she abandoned the child. I know that is not what the plan is but the father sure can  play that card. Just as you're trying to play that card with him.  Be careful on any actions taken they can be used against the mother. 

Edited November 29, 2018 by Ontarkie

[Boiler 43,426]

Maybe 6 months before she can fly back.