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K2 CHILD CUSTODY

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Filed: AOS (apr) Country: Philippines
Timeline

Hi...I'm form the Philippines. WE already filed for a K1 visa and scheduled for an interview on the 24thf of Feb. My precious marriage was already annulled and we have included my daughter from my previous marriage n d petition. My concern is we don't have an agreement with the custody coz' we never communicated since the separation. I only communicate with my in-laws. Will they be requiring for a court decision re the child custody during the interview and Immigration? I'm thinking of a notarized letter from the father attached are the valid IDs of me, father and the passport of my daughter and have it notarized...You think this will suffice? please help...I just don't want to have any problems regarding this during the interview and (if God permits we get the visas) during our departure with the Immigration officer. Thanks

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Filed: AOS (apr) Country: Philippines
Timeline
Hi...I'm form the Philippines. WE already filed for a K1 visa and scheduled for an interview on the 24thf of Feb. My precious marriage was already annulled and we have included my daughter from my previous marriage n d petition. My concern is we don't have an agreement with the custody coz' we never communicated since the separation. I only communicate with my in-laws. Will they be requiring for a court decision re the child custody during the interview and Immigration? I'm thinking of a notarized letter from the father attached are the valid IDs of me, father and the passport of my daughter and have it notarized...You think this will suffice? please help...I just don't want to have any problems regarding this during the interview and (if God permits we get the visas) during our departure with the Immigration officer. Thanks

moving this to PI regional forum... This situation has been dealt with previously I am sure and your fellow VJ members will be best equipped to answer because you need a PI specific answer

YMMV

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Filed: K-3 Visa Country: Philippines
Timeline
Hi...I'm form the Philippines. WE already filed for a K1 visa and scheduled for an interview on the 24thf of Feb. My precious marriage was already annulled and we have included my daughter from my previous marriage n d petition. My concern is we don't have an agreement with the custody coz' we never communicated since the separation. I only communicate with my in-laws. Will they be requiring for a court decision re the child custody during the interview and Immigration? I'm thinking of a notarized letter from the father attached are the valid IDs of me, father and the passport of my daughter and have it notarized...You think this will suffice? please help...I just don't want to have any problems regarding this during the interview and (if God permits we get the visas) during our departure with the Immigration officer. Thanks

My marriage was annulled as well and I have a daughter that I have no full custody of legally because she was not included in the decision. You will be fine without any signed papers from the biological father. My ex-husband did not show his face at all during court hearings and he has no idea of what our future plans are. Your interview at the US embassy will be about proving your relationship with your fiance' and if your daughter knows your fiance' as well. So you need to concentrate on that. With regards to immigration you will not have problems at all. The laws for minors travelling abroad was changed last 2005 and you do not need any written permission from the biological father or DSWD clearance for your daughter. You can search VJ on one of my posts one or two years ago and the link about the amended laws were there. All it requires is that one parent should be travelling with the minor child and your proof will be her birth certificate. Do not forget her CFO sticker as well after you received your visa. If you have other questions or concerns send me a message. My daughter and I are here in the US for a year now. So I have been there and done that myself.

05/18/07 married

05/29/07 sent I-130s for me & my daughter at CSC

06/16/07 checks for I-130 cashed

06/19/07 sent I-129F not waiting for noa1 but with printed online copies of checks cashed

06/25/07 check for I-129f cashed

06/29/07 transferred I-129f to CSC

07/03/07 received noa1 in the mail for I-129f

10/31/07 approved K3 and my I-130 except for my daughter

11/05/07 received NOA2 in the mail

12/01/07 received mail from NVC/yey we got our case number

12/20/07 went to St. Lukes and had my early medical exam

01/30/08 schedule for medical

02/07/08 interview, approved!

02/12/08 visa pick-up/cfo

02/14/08 POE-LAX

06/19/08 AOS mailed thru USPS

06/22/08 AOS delivered to Chicago IL

06/28/08 check cashed

06/30/08 received NOA1 dated 06/25/08

07/26/08 biometrics appointment

09/09/08 received EAD card in the mail

12/03/08 received interview letter for Jan 21 2009

01/21/09 approved for conditional permanent residence

02/02/09 permanent residence card arrived in the mail

10/21/10 submit form to remove conditions

01/21/11 10 year gc received

03/05/12 mailed my N-400

03/06/12 received email that they have my N-400

04/05/12 biometrics

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Filed: AOS (apr) Country: Philippines
Timeline
Hi...I'm form the Philippines. WE already filed for a K1 visa and scheduled for an interview on the 24thf of Feb. My precious marriage was already annulled and we have included my daughter from my previous marriage n d petition. My concern is we don't have an agreement with the custody coz' we never communicated since the separation. I only communicate with my in-laws. Will they be requiring for a court decision re the child custody during the interview and Immigration? I'm thinking of a notarized letter from the father attached are the valid IDs of me, father and the passport of my daughter and have it notarized...You think this will suffice? please help...I just don't want to have any problems regarding this during the interview and (if God permits we get the visas) during our departure with the Immigration officer. Thanks

My marriage was annulled as well and I have a daughter that I have no full custody of legally because she was not included in the decision. You will be fine without any signed papers from the biological father. My ex-husband did not show his face at all during court hearings and he has no idea of what our future plans are. Your interview at the US embassy will be about proving your relationship with your fiance' and if your daughter knows your fiance' as well. So you need to concentrate on that. With regards to immigration you will not have problems at all. The laws for minors travelling abroad was changed last 2005 and you do not need any written permission from the biological father or DSWD clearance for your daughter. You can search VJ on one of my posts one or two years ago and the link about the amended laws were there. All it requires is that one parent should be travelling with the minor child and your proof will be her birth certificate. Do not forget her CFO sticker as well after you received your visa. If you have other questions or concerns send me a message. My daughter and I are here in the US for a year now. So I have been there and done that myself.

hey, thank you so much.... big help...u know how stressful this process is...hope u won't mind if i ask more questions in the future. I'm preparing the documents and forms now for the BIG DAY!!! Praying hard for the visas...thanks again

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Filed: K-3 Visa Country: Philippines
Timeline

I would not mind at all and I will be glad to help in anyway I can. Just send me a PM so that I could reply to you quicker. Do not worry about it too much. Just make sure you know everything about your relationship, the date you met, how, dates you filed your annulment and when it was granted, etc. Your daughter will be asked as well if she knows your fiancee. I was carrying lots of documents that it was so heavy because I was paranoid as you are right now. But most of them they did not asked for it. It does not hurt to be over prepared though. Good luck.

05/18/07 married

05/29/07 sent I-130s for me & my daughter at CSC

06/16/07 checks for I-130 cashed

06/19/07 sent I-129F not waiting for noa1 but with printed online copies of checks cashed

06/25/07 check for I-129f cashed

06/29/07 transferred I-129f to CSC

07/03/07 received noa1 in the mail for I-129f

10/31/07 approved K3 and my I-130 except for my daughter

11/05/07 received NOA2 in the mail

12/01/07 received mail from NVC/yey we got our case number

12/20/07 went to St. Lukes and had my early medical exam

01/30/08 schedule for medical

02/07/08 interview, approved!

02/12/08 visa pick-up/cfo

02/14/08 POE-LAX

06/19/08 AOS mailed thru USPS

06/22/08 AOS delivered to Chicago IL

06/28/08 check cashed

06/30/08 received NOA1 dated 06/25/08

07/26/08 biometrics appointment

09/09/08 received EAD card in the mail

12/03/08 received interview letter for Jan 21 2009

01/21/09 approved for conditional permanent residence

02/02/09 permanent residence card arrived in the mail

10/21/10 submit form to remove conditions

01/21/11 10 year gc received

03/05/12 mailed my N-400

03/06/12 received email that they have my N-400

04/05/12 biometrics

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Filed: Timeline

Our case was very similar and it was no problem at all and as far as I have heard its a given in the Philippines that the mother has the custody of the kids unless you tell the court different. It was not even questioned really in her interview and she passed just fine....dont worry you will be fine!

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Filed: AOS (apr) Country: Philippines
Timeline
Our case was very similar and it was no problem at all and as far as I have heard its a given in the Philippines that the mother has the custody of the kids unless you tell the court different. It was not even questioned really in her interview and she passed just fine....dont worry you will be fine!

thanks :) encouragements are big help now :)

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