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Fiance with a child from previous relationship

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Good morning all. I am a US citizen and met my fiance through friends of friends in the Philippines. Last month I visted her in person and became engaged to her. Now I am preparing to file for K-1 Visa to bring her here. I think I mostly understand what I will need to do for the K-1 Visa, but the complication I am having trouble understanding is what I need to do to bring her 7-yo daughter here with her (who I will be adopting.)

Her child is from a prior relationship and they were never married. The father has not been involved in the child's life and, from what I understand, has no legal rights to her.

Has anyone here any experience with this? What additional Visa or other petitions do I need to submit for her daughter?

Summary:

I am a natural born US citizen

My fiance is a natural born Flipino living in the Philippines

She has a 7yo daughter from a prior relationship

Father and her were never married

I intend to adopt the daughter

I would really appreciate some advice, even pointing me where to start research.

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Do some reading in the PI regional forum. This topic has been addressed many times over the years.


I-864 Affidavit of Support FAQ -->> https://travel.state.gov/content/visas/en/immigrate/immigrant-process/documents/support/i-864-frequently-asked-questions.html

FOREIGN INCOME REPORTING & TAX FILING -->> https://www.irs.gov/publications/p54/ch01.html#en_US_2015_publink100047318

CALL THIS NUMBER TO ORDER IRS TAX TRANSCRIPTS >> 800-908-9946

PLEASE READ THE GUIDES -->> Link to Visa Journey Guides

MULTI ENTRY SPOUSE VISA TO VN -->>Link to Visa Exemption for Vietnamese Residents Overseas & Their Spouses

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Do some reading in the PI regional forum. This topic has been addressed many times over the years.

Thank you. Please realize that there are 1487 pages of posts in that sub-forum. I have skimmed through 88 of those pages and found only 3 posts so far that looked related to children and which didn't answer my questions. Alos, the titles of the posts don't always describe what is in them and often jargon is being used that I am not yet familiar with. I really do need a little more information before I even understand what to look for in order to research further.

I think my questions are pretty basic at this point and not inappropriate to ask here (I hope.)

What visa do I need for my fiance's child?

Will the child be able to come WITH her mother?

If they are separate visas, should I start them at the same time?

Does my intention to adopt make any difference?

While I was visiting in Phil, I also spent time with her daughter and asked her permission to marry her mother (which she gave.) I have plenty of photos of us bonding and playing. I don't think that will be any issue, but if I don't get this right the first time, it could result in a delay to getting her daughter here. At 7 years old, I would prefer her not to be without her mother.

Thanks in advance

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K2

I think this would be a common PI situation.

No need to adopt.


“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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If the father is alive there are Philippine laws that must be satisfied so that the child will be allowed to leave. Do some reading to determine what steps, if any. apply in your situation.


I-864 Affidavit of Support FAQ -->> https://travel.state.gov/content/visas/en/immigrate/immigrant-process/documents/support/i-864-frequently-asked-questions.html

FOREIGN INCOME REPORTING & TAX FILING -->> https://www.irs.gov/publications/p54/ch01.html#en_US_2015_publink100047318

CALL THIS NUMBER TO ORDER IRS TAX TRANSCRIPTS >> 800-908-9946

PLEASE READ THE GUIDES -->> Link to Visa Journey Guides

MULTI ENTRY SPOUSE VISA TO VN -->>Link to Visa Exemption for Vietnamese Residents Overseas & Their Spouses

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Phillipine laws state if they were never married and the child has her last name then she has full legal custody of her child.

http://www.manilatimes.net/mother-has-sole-parental-right-over-illegitimate-child/12056/


You have brains in your head. You have feet in your shoes. You can steer yourself any direction you choose.  - Dr. Seuss

 

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Good morning all. I am a US citizen and met my fiance through friends of friends in the Philippines. Last month I visted her in person and became engaged to her. Now I am preparing to file for K-1 Visa to bring her here. I think I mostly understand what I will need to do for the K-1 Visa, but the complication I am having trouble understanding is what I need to do to bring her 7-yo daughter here with her (who I will be adopting.)

Her child is from a prior relationship and they were never married. The father has not been involved in the child's life and, from what I understand, has no legal rights to her.

Has anyone here any experience with this? What additional Visa or other petitions do I need to submit for her daughter?

Summary:

I am a natural born US citizen

My fiance is a natural born Flipino living in the Philippines

She has a 7yo daughter from a prior relationship

Father and her were never married

I intend to adopt the daughter

I would really appreciate some advice, even pointing me where to start research.

Since your question was answered with why aren't you looking for answers, pahaps an actual answer is in order

The child will recieve a K-2 derivative visa. This is applied for by listing the child on the I-129f that is applying for the mother's K-1.

Since the mother never married the father, he has no parental rights under Philippine law and there is no further paperwork to be done there. Mom has full custody.

The birth certificate will have a NOT MARRIED notation which eliminates the father's parental rights.

If the father's last bane is given to the child and the birth certificate says not married, than have a copy of the birth certificate at the interview just in case the question comes up.

This is Republic of Philippines law. The answer for other countries will vary.

If the father was American, then the US Embassy will be asking whe the child is not registered as a US citizen already as the illegitimate child of a US father almost always qualifies for citizenship with the cooperation of the father in the application.

The adventure continues

Fritz

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Since your question was answered with why aren't you looking for answers, pahaps an actual answer is in order

The child will recieve a K-2 derivative visa. This is applied for by listing the child on the I-129f that is applying for the mother's K-1.

Since the mother never married the father, he has no parental rights under Philippine law and there is no further paperwork to be done there. Mom has full custody.

The birth certificate will have a NOT MARRIED notation which eliminates the father's parental rights.

If the father's last bane is given to the child and the birth certificate says not married, than have a copy of the birth certificate at the interview just in case the question comes up.

This is Republic of Philippines law. The answer for other countries will vary.

If the father was American, then the US Embassy will be asking whe the child is not registered as a US citizen already as the illegitimate child of a US father almost always qualifies for citizenship with the cooperation of the father in the application.

The adventure continues

Fritz

Thank you. Her daughter does have the last name of her father. But she just petitioned to change the birth certificate. Either way, they were not married before, so good to know it is fine in either case. Her father is Filipino.

I am doing my research on the I-29f process now and collecting documentation. My fiance is also getting prepared over there getting her passport, and her daughter's passport.

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Since your question was answered with why aren't you looking for answers, pahaps an actual answer is in order

Boiler answered the question.. LOL


You have brains in your head. You have feet in your shoes. You can steer yourself any direction you choose.  - Dr. Seuss

 

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