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Family Law: adoption, guardianship (USA)
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Question

Hello Karina –

Thank you very much for your recent response and consultation. I'm hoping that as a part of this consultation, you wouldn't mind clarifying a couple of points from your response that left me wondering. I hope you a couple of questions regarding your consultation will be ok for you.

The first point is as follows: In your consultation, you suggest obtaining a visa other than a K-3 or medical visa for my fiancée’s child. Can you clarify this, by suggesting what kind of visa would be best for our situation. Really, a couple of different suggestions would be ideal.

Along with this, if we seek a different visa for my fiancée’s child, then on what basis would we ask for the Ukrainian court’s permission to take the child out of Ukraine?

These really are the two most helpful pieces of information you can give us as a part of our consultation.

!
Answer

The safest option is to get the type of visa that fits your real intentions. In your case is the K3 visa. Some people get a tourist visa, and after arriving to the United States they try to change immigration status. However, as you can understand, it can be interpreted as fraud.

The Ukrainian court has nothing to do with your fiancée’s plans to get access to the United States. Ukrainian law requires the parent’s permission to leave the Ukraine in any country, for any purpose. Consequently, the child is deprived of the opportunity to go even in Russia, and any other countries. This case is about temporary visits abroad.

Articles and consultations authored by attorney reflect the state of law as of the date of their writing. The laws change daily. Users of this site are advised to consult attorney regarding their situation.
Karina Duvall
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