fellaz, this is urgent, but there appears to be some contradiction with the US embassy in Kiev and what my lawyer says. my lawyer says it's always been a practice in Ukraine that unless the girl has sole custody of the child, the father HAS TO APPEAR in PERSON at the embassy to sign out the child. the Kiev website, however, says in many places that the father doesn't have to show up if he signs a notarized consent letting the child immigrate to US, plus if you bring a copy of his passport. i already emailed the embassy, still no reply. anyone know the answer? thanx a bunch
You need to talk to the Embassy high ranking staff. Either the Consul, or the Ambassador, dont bother with the Ukrainian staff as they wont really care what they tell you and will often tell you what you want to hear, rather than actually bothering to find out the truth, or the facts.
Get the embassy phone number and make an appointment if needs be to call at a certain time and speak to either of the two people I have mentioned.
This brings up another point, your lawyer, who you are paying, is contradicting the embassy`s information, so to be sure, YOU have to get involved, but you used a lawyer to avoid you having to be involved in the first place. If you have to get involved at all, it would have been a better idea to have done it all yourself and save $2K !!
IMO, why should the father have to go in person !! Notarized papers are legal documenst recongnised in any court of law, so long as the papers are duly signed and notorized I see no reason why the father need "personally" attend the embassy !!
But the bottom line is, YOU must call the embassy yourself, and find out the facts from at very least one of the top 2 people there (as mentioned above).
It sounds like your lawyer is having an attack of legal diarrhea of the mouth, lol....Very common condition within that profession. That's one of the many reasons why TimH does not like any of them.
Very often, lawyers spit out an illegible and contradictory stream of caca simply to cover up the fact that they do not know what the f..ck they're talking about.
It is YOUR responsibility to verify his credentials, references and contacts before you hire any of them.
It's called 'due diligence'.
and yes, contact the USCIS nearest office in the US, as well as the US Kiev Embassy (but talk to the Consul or high rank US official, not some disgruntled lower level staff)...compare what each of them tells you and then teach your attorney what he should have known all along.
Lawyers are useful 'attack dogs', but like all canines they're better kept on a short leash.
Hey guys, I can not speak from experiance; but russian brides gave me a name of an attorny to consider.
the group is in the US. "Holmes and Lolly"
they seem to know what is going on, but like I said; I only asked questions and never used them yet. I am still looking for my one and only and have not gotten that far.
All joking aside about lawyers and such. I have lawyers in Kiev totally useless. From one I got the answer, "I do not know exactly what document you need, but I can help you for 400usd" Of course, that sounds like a lawyer, but seriously, my wife was not married and had a child. Because Ukrainian society is the way it is, the birth certificate cannot show "unknown" as the father, so Ukrainian familoy law makes a provision for the mother to instruct Central Registration on how to name the child using the mother's family name. This means the name showing as the father on the birth certificate is a person who does not exist. How doe she obtain a document to show she has sole custody?
Please Help!
AceOfspades: Your impression is exactly correct. The father must sign a letter , translated and notarized, of consent for the child to move and live permanently abroad if the mother does not have sole parental rights. A notarized copy of the father’s passport must accompany the document. Rarely in the east do mothers have sole parental rights unless they have applied previously through the courts for removal of parental rights. If she has sole parental rights, the court documents, again translated and notarized, must be submitted. I believe there may be scope for the father to appear at the embassy in lieu of the documents but it would be a rare case and it would not be advisable as such evidence is admissible at the discretion of the consular officials.
I would ask your lawyer how many Ukrainian or Russian / American cases he/she has handled and when. I suspect your lawyer is working on hearsay advice and has not researched.
Honestlyspkng: You have several choices including but in no way limited to, submit the application with the birth certificate as is with a covering letter of explanation and wait for, if any, questions to be asked. She can apply to the courts and have documentation provided which verifies what she says. She can apply to the courts for ratification of sole parental rights. She can approach the father for appropriate documentation.
My experience with the Australian embassy is that you just need a tranlated and notarized copy of the father permission, I don't know the law in the US case. At the end we are taking the road of removing the father's rights, much safer.