Zosia

Just had my interview and passed!

Finally, I can update on this for anyone else's reference and peace of mind (hopefully you don't need it, though!)
 
We ended up hiring a lawyer to help us handle this glitch, especially since they ask for evidence, and I had no evidence of... nothing. Though we did write an affidavit describing the events and dates, and including that we received no notice and had been checking the website, got no letter/text/phone call/email/etc and had it notarized at the bank. That may have been all the evidence the attorney submitted for us on this. 
 
We filed a Motion to Reconsider or Reopen in late December 2018. They received it pretty much right away and sent notice of that.
 
In May they reopened the case. 
 
Today we got notice of an interview in a couple of weeks. 
 
So, long story short, a lot of stress and our lives and any travel plans were a little bit derailed for about 10 months over some administrative error. We were actually just gearing up to apply for a renewal of his work permit, which is about to expire around the same time as the interview date. 
 
If you're in a similar situation, there's a light at the end of the tunnel. Lawyers help for peace of mind. Strangely enough, I called customer service just 2 weeks ago to ask how our case was going. They said there was no movement at the time. But with our K-1 there were also delays that mysteriously were resolved right after a phone call, so there is something to say for polite but persistent calling. 

Finally, I can update on this for anyone else's reference and peace of mind (hopefully you don't need it, though!)
 
We ended up hiring a lawyer to help us handle this glitch, especially since they ask for evidence, and I had no evidence of... nothing. Though we did write an affidavit describing the events and dates, and including that we received no notice and had been checking the website, got no letter/text/phone call/email/etc and had it notarized at the bank. That may have been all the evidence the attorney submitted for us on this. 
 
We filed a Motion to Reconsider or Reopen in late December 2018. They received it pretty much right away and sent notice of that.
 
In May they reopened the case. 
 
Today we got notice of an interview in a couple of weeks. 
 
So, long story short, a lot of stress and our lives and any travel plans were a little bit derailed for about 10 months over some administrative error. We were actually just gearing up to apply for a renewal of his work permit, which is about to expire around the same time as the interview date. 
 
If you're in a similar situation, there's a light at the end of the tunnel. Lawyers help for peace of mind. Strangely enough, I called customer service just 2 weeks ago to ask how our case was going. They said there was no movement at the time. But with our K-1 there were also delays that mysteriously were resolved right after a phone call, so there is something to say for polite but persistent calling. 

Finally, I can update on this for anyone else's reference and peace of mind (hopefully you don't need it, though!)
 
We ended up hiring a lawyer to help us handle this glitch, especially since they ask for evidence, and I had no evidence of... nothing. Though we did write an affidavit describing the events and dates, and including that we received no notice and had been checking the website, got no letter/text/phone call/email/etc and had it notarized at the bank. That may have been all the evidence the attorney submitted for us on this. 
 
We filed a Motion to Reconsider or Reopen in late December 2018. They received it pretty much right away and sent notice of that.
 
In May they reopened the case. 
 
Today we got notice of an interview in a couple of weeks. 
 
So, long story short, a lot of stress and our lives and any travel plans were a little bit derailed for about 10 months over some administrative error. We were actually just gearing up to apply for a renewal of his work permit, which is about to expire around the same time as the interview date. 
 
If you're in a similar situation, there's a light at the end of the tunnel. Lawyers help for peace of mind. Strangely enough, I called customer service just 2 weeks ago to ask how our case was going. They said there was no movement at the time. But with our K-1 there were also delays that mysteriously were resolved right after a phone call, so there is something to say for polite but persistent calling. 

Just the warnings written all over the notice that our AP was approved and on the documents that came with the card itself. They seemed very stark. 

I travelled on AP and was out of the country for three months. I never had a problem when I returned. Went to secondary and was paroled in. Faced no problem at my AOS interview. Hope my experience gives a little comfort.

Not a problem at all. Just go and have fun with your husband. 

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.

I wanted to repeat this information:
 
 
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.