Can child have residency with only one parent's permission?
Asked on Feb 25th, 2014 on Immigration - New Mexico
More details to this question:
My fiance is coming to the USA with her child on a fiance visa. Her ex-husband has very little to do with their child and even fails to provide support. If she comes here, will we be able to obtain residency for their child without the father's permission. Also, does the USA have an agreement to send back such children to their home country (Ukraine)?
The question will be whether your fiancée has custody over the child. If not full custody, the American consulate or embassy may request proof that the ex-husband has given permission for the child to settle in the States. I'm not aware that the US has any type of agreement to send children back to the home country, but there is concern that the rights of parents be protected.
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