Bringing Wifes Child / Father Abandoned Him

[Pinay Wife 47]

It really helps the Philippine Forum when we receive feedback like these.

[marklovetina 52]

this are for illegitimate children right...? but what about the children who are legitimate.... born inside the marriage, but the parents are annuled and the custody of the child was given to the mother.... does the us embassy still req. the permission of the father....? :unsure:

[Pinay Wife 47]

this are for illegitimate children right...? but what about the children who are legitimate.... born inside the marriage, but the parents are annuled and the custody of the child was given to the mother.... does the us embassy still req. the permission of the father....? :unsure:

No, permission will not be required from the father. You need only to highlight that portion in the court decision where it states that the mother has been awarded custody of the child.

[marklovetina 52]

No, permission will not be required from the father. You need only to highlight that portion in the court decision where it states that the mother has been awarded custody of the child.

oh i see.. thank u very much pinay wife ur reply is greatly appreciated!!!! thank u and merry x-mas!!!

[RIDION 0]

Thank you for this very informative post. My son's situation is the same except that his biological father was dead. Can we submit his death certificate instead & would it be enough?

[Pinay Wife 47]

Thank you for this very informative post. My son's situation is the same except that his biological father was dead. Can we submit his death certificate instead & would it be enough?

Death certificate is an added bonus. With or without the death certificate, mother has sole parental authority over an illegitimate child in the Philippines.

[RIDION 0]

Thank you Pinay Wife. Here is my IR2 list of documents to be submitted tomorrow:

My husband (USC) is the petitioner.

• Completed Form I-130: Petition for Alien Relative (IR 2)
• A copy of my husband's birth certificate(USC)
• A copy of our marriage certificate
• A copy of husband's divorce decree regarding a former spouse
• A copy of the my son's birth certificate
• A copy of my son's father's death certificate
• A $355.00 Money Order payable to the U.S. Department of Homeland Security

Please feel free to add or subtract anymore requirements. Thank you

Edited April 1, 2010 by RIDION

[Markiss 0]

Thank you for this very informative post. My son's situation is the same except that his biological father was dead. Can we submit his death certificate instead & would it be enough?

Hello sis...

Question ko lang... I have a 10 yr old daughter, anulld na rin ako.. what if I have the full custody but he have a visitation right? which hindi na sila nagkikita 6 yrs now na... wala ring support..

Di na po ba kailangan ang father's permission?

<b><!--sizeo:3--><span style="font-size:12pt;line-height:100%"><!--/sizeo--><!--coloro:#0000FF--><span style="color:#0000FF"><!--/coloro-->this are for illegitimate children right...? but what about the children who are legitimate.... born inside the marriage, but the parents are annuled and the custody of the child was given to the mother.... does the us embassy still req. the permission of the father....?<!--colorc--></span><!--/colorc--> <!--sizec--></span><!--/sizec-->:</b>unsure: <img src="http://www.visajourney.com/forums/public/style_emoticons/<#EMO_DIR#>/unsure.gif" style="vertical-align:middle" emoid="" border="0" alt="unsure.gif" /> <img src="style_emoticons/<#EMO_DIR#>/unsure.gif" style="vertical-align:middle" emoid="" border="0" alt="unsure.gif" />

Hello sis...

Question ko lang... I have a 10 yr old daughter, anulld na rin ako.. what if I have the full custody but he have a visitation right? which hindi na sila nagkikita 6 yrs now na... wala ring support..

Di na po ba kailangan ang father's permission?

[Marzy 1]

No, not needed under circumstances.

[A&M-Forever 0]

My Filipina wife and stepdaughter had their interview this morning in Frankfurt, Germany. We filed via "DCF" as I am US Military stationed in Germany.

Things did not go as planned as they said we needed to provide 2 additional documents in order to process the Visa: The big problem being item #2 below:

1) Police Clearance letter (German): We had one form the Security Police Squadron on Ramstein and that wasn't good enough...they also need a German one. Luckily we fixed that on the way home and should have the proper "German" police clearance letter sometime next week.

2) Letter of permission from the child's father (who is listed on the Birth Cert as father) giving his permission for the child to travel to the USA. My wife and the father were never married and never lived together and the father has never been a part of the child's life. We explained this to the immigration officer but they still said we needed a permission letter or something from the Philippines Consulate/Embassy saying that the mother has custody. We are not even sure where the father is currently. We explained this...still did not matter. So we left the US embassy pretty upset and without an approved Visa(s).

Since we were in Frankfurt, we decided to go by the Philippines Consulate. They would not produce a letter saying that my wife has custody of her daughter because the father's name was on the birth certificate. We finally got them to agree for my wife to complete an Affidavit statement and sign it (for 29 EURO) where she stated that she has sole custody of the child and did not know the whereabouts of the father at this time. We are supposed to get that mailed back to us at some point in the next week or two (I still don't understand why they couldn't give us the original Affidavit today though? - Oh wait, we are dealing with the Philippine Govt )

We are trying to get friends and family back in the PI to see if they can possibly locate the father to see if he would be willing to give his permission. But I'm not sure they will have success finding him, and even if they did, he might just refuse! Who knows!

Does anyone have any advice for me?

I would provide the documents linked in this thread, but since the child is not Illegitimate I'm not sure it would help us. Any suggestions???

Sincerely bummed!

M & A

[Deputy Purple 1,294]

2) Letter of permission from the child's father (who is listed on the Birth Cert as father) giving his permission for the child to travel to the USA. My wife and the father were never married and never lived together and the father has never been a part of the child's life. We explained this to the immigration officer but they still said we needed a permission letter or something from the Philippines Consulate/Embassy saying that the mother has custody. We are not even sure where the father is currently. We explained this...still did not matter. So we left the US embassy pretty upset and without an approved Visa(s).

Since we were in Frankfurt, we decided to go by the Philippines Consulate. They would not produce a letter saying that my wife has custody of her daughter because the father's name was on the birth certificate. We finally got them to agree for my wife to complete an Affidavit statement and sign it (for 29 EURO) where she stated that she has sole custody of the child and did not know the whereabouts of the father at this time. We are supposed to get that mailed back to us at some point in the

Does anyone have any advice for me?

I would provide the documents linked in this thread, but since the child is not Illegitimate I'm not sure it would help us. Any suggestions???

You are wrong in saying the child is not "illegitimate" as the child is born out of wedlock. Use the documents linked to in my signature, they show the section of the Philippine Family Code that states when a Child is born out of Wedlock then the mother has "Sole Parental Authority" even in cases where the father has signed the Birth Certificate to acknowledge paternity.

[Kang 22]

Has the father signed to birth certificate? I think there'd be less hassle if the father has not recognized the child

[Kang 22]

My Filipina wife and stepdaughter had their interview this morning in Frankfurt, Germany. We filed via "DCF" as I am US Military stationed in Germany.

Things did not go as planned as they said we needed to provide 2 additional documents in order to process the Visa: The big problem being item #2 below:

1) Police Clearance letter (German): We had one form the Security Police Squadron on Ramstein and that wasn't good enough...they also need a German one. Luckily we fixed that on the way home and should have the proper "German" police clearance letter sometime next week.

2) Letter of permission from the child's father (who is listed on the Birth Cert as father) giving his permission for the child to travel to the USA. My wife and the father were never married and never lived together and the father has never been a part of the child's life. We explained this to the immigration officer but they still said we needed a permission letter or something from the Philippines Consulate/Embassy saying that the mother has custody. We are not even sure where the father is currently. We explained this...still did not matter. So we left the US embassy pretty upset and without an approved Visa(s).

Since we were in Frankfurt, we decided to go by the Philippines Consulate. They would not produce a letter saying that my wife has custody of her daughter because the father's name was on the birth certificate. We finally got them to agree for my wife to complete an Affidavit statement and sign it (for 29 EURO) where she stated that she has sole custody of the child and did not know the whereabouts of the father at this time. We are supposed to get that mailed back to us at some point in the next week or two (I still don't understand why they couldn't give us the original Affidavit today though? - Oh wait, we are dealing with the Philippine Govt )

We are trying to get friends and family back in the PI to see if they can possibly locate the father to see if he would be willing to give his permission. But I'm not sure they will have success finding him, and even if they did, he might just refuse! Who knows!

Does anyone have any advice for me?

I would provide the documents linked in this thread, but since the child is not Illegitimate I'm not sure it would help us. Any suggestions???

Sincerely bummed!

M & A

Under Philippine law, the child is "illegitimate", even if the father signed the birth certificate. Illegitimate means someone whose parents are NOT married. It is not like in the US where the father could "legitimize" even if not married to the mother. Hope this helps.

I don't think you have to find the father, though it would be best to secure court papers stating the SOLE custody is with the mother. I don't think it would be that hard since the father is not involved in the kids life despite signing the BC. Philippine laws tend to favor mothers over fathers. I believe that illegitimate minor children are granted sole custody to the mother.

You may refer to the Family Code of the Philippines here:

http://www.chanrobles.com/executiveorderno209.htm

[Deputy Purple 1,294]

Has the father signed to birth certificate? I think there'd be less hassle if the father has not recognized the child

That's irrelevant under Philippine Family Code. the only thing that matter is if they were MARRIED AT THE TIME OF BIRTH...

[Kang 22]

That's irrelevant under Philippine Family Code. the only thing that matter is if they were MARRIED AT THE TIME OF BIRTH...

One poster here stated that the father has signed the BC and asked for papers by the NVC. The problem will be on the US side...

Edited October 25, 2011 by Kang