possible problems down the line

[alang 0]

Hello I'm putting together my k-1 petition and im a little worried about a few things in reading the info on VJ forums and uscis. If the answer to these questions lie in previous posts i apologize. Firstly i have just PCS'd into the staes from a year tour in South Korea, and my finace was working at my bases a-town. This was a small base and the establishment under heavy scrutiny by military police so nothing shady was going on just pretty girls more or less getting drinks. Now she has a spotless criminal record for both korea and the philippines, and returned two the philippines in march since we were expecting a child and that voided her visa. I dont want to bs the government(i work for them ha) but im afraid that uscis, nvc, or the embassy will frown upon or at worst deny my package with human trafficing being such a big issue right now. Secondly she has a 6 year old daughter and has never been married. She has no idea where the father is, was never married, and he was long gone by the time she gave birth. in order to get her a visa will we have to hunt this guy down for consent. thank you in advance for all your help good luck and god bless

[Kamz 0]

I guess the first question would be is there a need to hunt the biological father down? Is he in any way reflected in the birth certificate of the child? If so, the birth certificate will need a father's signature at the time of registration. If his name is not there, then there should be no problem. My daughter has the same case, good thing that I didn't reflect the father's name there as he is not interested to support her anyway.

Good luck to you!

[*JG* 2]

I always advise to be honest in every possible way. If you are uncomfortable with your answers, and it seems to me you are at this point, then you will reflect that in how and what you say.

[marrs 0]

I guess the first question would be is there a need to hunt the biological father down? Is he in any way reflected in the birth certificate of the child? If so, the birth certificate will need a father's signature at the time of registration. If his name is not there, then there should be no problem. My daughter has the same case, good thing that I didn't reflect the father's name there as he is not interested to support her anyway.

Good luck to you!

Yes. CHeck the Birth Cert.

And no worries about her working in Korea b4. I've been there for years and saw many guys marry girls that were there on "Entertainment"-Visas.

Edited July 21, 2008 by marrs

[spidergirl 0]

According to the New Philippine Family Code, the child who was born out of wedlock (illegitimate child) cannot carry the name of his biological father and the father cannot have the custody of the child unless he marry the mother or he file a claim to the court to recognize the child as his. An unmarried mother legally has the sole custody of her illegitimate child. So no need of father's consent.

[Carlawarla 1]

According to the New Philippine Family Code, the child who was born out of wedlock (illegitimate child) cannot carry the name of his biological father and the father cannot have the custody of the child unless he marry the mother or he file a claim to the court to recognize the child as his. An unmarried mother legally has the sole custody of her illegitimate child. So no need of father's consent.

Really? Doesn't say much for father's rights! It makes it sound like unless he marries the mother, he has no say at all. Not very forward thinking.

Edited July 22, 2008 by Carlawarla

[Kamz 0]

According to the New Philippine Family Code, the child who was born out of wedlock (illegitimate child) cannot carry the name of his biological father and the father cannot have the custody of the child unless he marry the mother or he file a claim to the court to recognize the child as his. An unmarried mother legally has the sole custody of her illegitimate child. So no need of father's consent.

--- this is based on the Philippine Family Code. This may not apply all the time when applying for the K1. As far as I am concerned, when filing for birth registration of an illegitimate child, both parents, married or not will have to sign the form. If the father is not interested to recognize the child, then his name cannot be reflected in the form. This is what happened to me. So, good riddance, I don't have to worry about his consent for my daughter's K2.

However, if it so happened that he has his name and signature reflected in the child's birth certificate, then yes, as per the USCIS guidelines, the father's consent is needed.

If he is nowhere to be found, then it might have to take some legal action. My lawyer friend says there would have to be a hearing called for him to prove that he is indeed not abandoning his rights as a father. Now, this would take 6 months to a year. And IF HE DOESN'T SHOW UP: you have a better fight. The mother may then go ahead and tgake full custody of the child.

Piece of advise though, please be ready with your unending patience... So much red tape and some other unpleasant surprises could come up.

Now, if you cannot wait for your fiancee to be there with you, you can always opt to bring her there, get married, and file for the green card. Then she may come back and finish off this mess on her child's petition.

Best of luck and I understand your frustration! Keep the faith and God bless!!!

Kamz

[*JG* 2]

According to the New Philippine Family Code, the child who was born out of wedlock (illegitimate child) cannot carry the name of his biological father and the father cannot have the custody of the child unless he marry the mother or he file a claim to the court to recognize the child as his. An unmarried mother legally has the sole custody of her illegitimate child. So no need of father's consent.

Really? Doesn't say much for father's rights! It makes it sound like unless he marries the mother, he has no say at all. Not very forward thinking.

In Jamaica, they don't even put the father's name on the birth certificate unless the parent's are married. Later, he and the child can undergo DNA testing and add if wanted. How crazy is that?

[lovejamaica 1]

<!--quoteo(post=2037131:date=Jul 22 2008, 07:23 AM:name=Carlawarla)--><div class='quotetop'>QUOTE (Carlawarla @ Jul 22 2008, 07:23 AM) <a href="index.php?act=findpost&pid=2037131"><{POST_SNAPBACK}></a></div><div class='quotemain'><!--quotec--><!--quoteo(post=2036368:date=Jul 21 2008, 10:01 PM:name=spidergirl)--><div class='quotetop'>QUOTE (spidergirl @ Jul 21 2008, 10:01 PM) <a href="index.php?act=findpost&pid=2036368"><{POST_SNAPBACK}></a></div><div class='quotemain'><!--quotec-->According to the New Philippine Family Code, the child who was born out of wedlock (illegitimate child) cannot carry the name of his biological father and the father cannot have the custody of the child unless he marry the mother or he file a claim to the court to recognize the child as his. An unmarried mother legally has the sole custody of her illegitimate child. So no need of father's consent.<!--QuoteEnd--></div><!--QuoteEEnd-->

Really? Doesn't say much for father's rights! It makes it sound like unless he marries the mother, he has no say at all. Not very forward thinking.

<!--QuoteEnd--></div><!--QuoteEEnd-->

In Jamaica, they don't even put the father's name on the birth certificate unless the parent's are married. Later, he and the child can undergo DNA testing and add if wanted. How crazy is that?

My husbend did not marry his baby mama aned his name is on the kids birth cert....wonder how that happened

[Tintin and Mike 127]

<!--quoteo(post=2036368:date=Jul 21 2008, 11:01 PM:name=spidergirl)--><div class='quotetop'>QUOTE (spidergirl @ Jul 21 2008, 11:01 PM) <a href="index.php?act=findpost&pid=2036368"><{POST_SNAPBACK}></a></div><div class='quotemain'><!--quotec-->According to the New Philippine Family Code, the child who was born out of wedlock (illegitimate child) cannot carry the name of his biological father and the father cannot have the custody of the child unless he marry the mother or he file a claim to the court to recognize the child as his. An unmarried mother legally has the sole custody of her illegitimate child. So no need of father's consent.<!--QuoteEnd--></div><!--QuoteEEnd-->

--- this is based on the Philippine Family Code. This may not apply all the time when applying for the K1. As far as I am concerned, when filing for birth registration of an illegitimate child, both parents, married or not will have to sign the form. If the father is not interested to recognize the child, then his name cannot be reflected in the form. This is what happened to me. So, good riddance, I don't have to worry about his consent for my daughter's K2.

However, if it so happened that he has his name and signature reflected in the child's birth certificate, then yes, as per the USCIS guidelines, the father's consent is needed.

If he is nowhere to be found, then it might have to take some legal action. My lawyer friend says there would have to be a hearing called for him to prove that he is indeed not abandoning his rights as a father. Now, this would take 6 months to a year. And IF HE DOESN'T SHOW UP: you have a better fight. The mother may then go ahead and tgake full custody of the child.

Piece of advise though, please be ready with your unending patience... So much red tape and some other unpleasant surprises could come up.

Now, if you cannot wait for your fiancee to be there with you, you can always opt to bring her there, get married, and file for the green card. Then she may come back and finish off this mess on her child's petition.

Best of luck and I understand your frustration! Keep the faith and God bless!!!

Kamz

So with her being married, with GC and petitions her child won't require the father's consent anymore? Just curious, I know someone who has the same case.

Edited September 16, 2012 by Tintin and Mike