If no court decision determining with which parent the child would live with after divorce was obtained then it should be obtained now. Such court decision is enough for the purpose of obtaining a US visa for the child together with the mother.

Father's consent is not required according to the general rule of exit from the Russian Federation. As K1 is a non-immigration visa Russian authorities will consider such exit as a temporary trip abroad. If the father is against child’s exit from the country he should submit a written application to the Border Service of Russia. If he does so the child will not be able to leave Russia until this issue is settled by judicial means.

The safest way to resolve such conflict with the ex-husband is to terminate his parental rights to the child. This is possible when the father evades of upbringing the child, doesn't pay child support or the child support paid is below the minimum subsistence level and is not enough to satisfy child’s needs. If this is the case, you should gather evidence that the father does not take part in upbringing of the child, doesn’t meet the child, doesn’t keep in touch with her, doesn’t pay child support, doesn’t give presents. If father’s parental rights are terminated by the court your fiancée will be able to take any decisions concerning the child without regard to father’s opinion.

If required I can prepare a claim for determination of child’s residence or termination of parental rights. We will also be able to carry this case in court and our US partners can prepare all documents required for the interview.

We will be glad to help you.