K2 Visa

Here is a little information directly from an immigration lawyers office for all those considering ladies that already have children.

Generally, a child under the age of about 14 needs one of the following:

1. Father’s written permission to depart the Ukraine.
2. A court order granting sole custody to the mother.
3. A death certificate of the father.

These requirements are not according to law. It is a matter of Hague Convention rules on child abduction. If you simply are unable to obtain one of the three items noted above, we could petition the U.S. Attorney’s Office to instruct the consulate regarding K visa requirements. It is possible the consulate might ignore an advisory opinion and still require consent of the father. We would not know until we try.

Another choice might be to move the child out of the Ukraine and process at a different consulate, but then you might end up in the same dilemma at the new consulate.

Another choice would be to leave the child behind as a way of taking power over your fiancee away from the father. Eventually, he may let the child go when he learns he cannot stop her. Many mothers hesitate to take that step. Please consider.

To chime in,

You can also leave the child behind and bring the child later on [up to 6 months from what I can remember].
Maybe this could be another way to call the bluff of the child's pop?