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Greencard for wife and her child. Uncooperative biological father

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  • Greencard for wife and her child. Uncooperative biological father

    First a summary of the situation: I am a U.S. citizen by birth. My wife and I married in 2017 in Germany and she is a German national. She has a child from a brief relationship with another man who she never married. She gave birth in South Africa which is also where her exboyfriend lives. Her ex boyfriend blocked her from leaving South Africa with her child, it went to court, and she had to agree to the fathers name on the birth certificate and co-guardianship in order to return to Germany. There is a court order from South Africa for this. The child is just over a year old now and has been in Germany since August. The biological father is vindictive and unlikely to agree to a move to the USA. Happily my wife is now pregnant with my child and we would like to consider moving from Europe to the USA where I am likely to find a better paying job in my field.
    My questions:
    Where will we need to go to court for permission to move to the USA given the uncooperative nature of her ex? Germany? South Africa? the USA?
    Should we start the applications for her greencard and the greencard of her child first and do court permission stuff later?
    Do we even need the biological fathers permission? I assume that a greencard for her child (my stepchild) will be denied if the biological father refuses consent.

    Thank you in advance for advice and input.

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