Birth Certificate

[roden 0]

Hello Ladies and Gentlemen,

I have a 20 year old son, whom I am petitioning right now and I want to also ask some questions...

Here is my case: My son was born out of wedlock and he is using his father's last name and it's also on his birth certificate. I was not married to his father. My son has never seen his father nor his father is involved in his life. I thought that I am almost finished with his petition because I have submitted his DS-230 along with the requested documents by the National Visa Center, unfortunately, the NVC emailed me and requested more documents such as CUSTODY PAPERS...

My son has already gotten his passport and there was no issue obtaining it. The only issue I have is the National Visa Center... they want to make sure that I have sole a custody of my child and it's not a joint custody. As you know in the Philippines, when the father is not invovled in a child's life, the mother is automatically has the custody... which is not in writing anyway.

If anyone out there have similar case and who is already gone through this same situation, I will appreciate it very much if you can give me any details or input.

What did you do to accomplish the Custody Papers? Did you or have you gone to the court? Or did you file at the police station the missing father?,... or did you have your case published on the newspapers in the Philippines? Please any feedback... I will appreciate it... Thanks so much for reading this post/reply.

[marriedtomrg 141]

I wonder why they would ask for custody papers when your son is over 18 already? He is an adult na...

You may want to consult the DSWD website...and read up on solo parents.

Hello Ladies and Gentlemen,

I have a 20 year old son, whom I am petitioning right now and I want to also ask some questions...

Here is my case: My son was born out of wedlock and he is using his father's last name and it's also on his birth certificate. I was not married to his father. My son has never seen his father nor his father is involved in his life. I thought that I am almost finished with his petition because I have submitted his DS-230 along with the requested documents by the National Visa Center, unfortunately, the NVC emailed me and requested more documents such as CUSTODY PAPERS...

My son has already gotten his passport and there was no issue obtaining it. The only issue I have is the National Visa Center... they want to make sure that I have sole a custody of my child and it's not a joint custody. As you know in the Philippines, when the father is not invovled in a child's life, the mother is automatically has the custody... which is not in writing anyway.

If anyone out there have similar case and who is already gone through this same situation, I will appreciate it very much if you can give me any details or input.

What did you do to accomplish the Custody Papers? Did you or have you gone to the court? Or did you file at the police station the missing father?,... or did you have your case published on the newspapers in the Philippines? Please any feedback... I will appreciate it... Thanks so much for reading this post/reply.

[NArocks 13]

I would also call the NVC ( they are a little better than USCIS ) and ask them about this, I too am confused as to why they would need to ask for this if your son is over 18? Please let us know how it goes.

Edited September 2, 2009 by NArocks

[Zen Den 18]

Hello Ladies and Gentlemen,

I have a 20 year old son, whom I am petitioning right now and I want to also ask some questions...

Here is my case: My son was born out of wedlock and he is using his father's last name and it's also on his birth certificate. I was not married to his father. My son has never seen his father nor his father is involved in his life. I thought that I am almost finished with his petition because I have submitted his DS-230 along with the requested documents by the National Visa Center, unfortunately, the NVC emailed me and requested more documents such as CUSTODY PAPERS...

My son has already gotten his passport and there was no issue obtaining it. The only issue I have is the National Visa Center... they want to make sure that I have sole a custody of my child and it's not a joint custody. As you know in the Philippines, when the father is not invovled in a child's life, the mother is automatically has the custody... which is not in writing anyway.

If anyone out there have similar case and who is already gone through this same situation, I will appreciate it very much if you can give me any details or input.

What did you do to accomplish the Custody Papers? Did you or have you gone to the court? Or did you file at the police station the missing father?,... or did you have your case published on the newspapers in the Philippines? Please any feedback... I will appreciate it... Thanks so much for reading this post/reply.

there is a person in a similar situation as you look up "i miss my son" here on VJ. anyway, while it is correct that in the Phils if the father is not involved in the child's life the mother has automatic custody, it looks like yours is not exactly that because you put the father's name in the birth cert.

so to be able say that you have had full custody of the child since his birth, you have to be able to say how this happened (because the father didn't know about the child, he just went missing, died etc)

to be able to help you find the answers, may i ask what happened to the father? is he still alive (or missing as you said)? do yo have access to him (if you do, do you think he'll be ok to sign a statement stating that he's acknowledging your son and that he's ok that you're stating that you've had full custody of the child since he was born?) it would help a lot if you still communicate with him.

you might or might not need to go to court, depending on the circumstances. did the father know? does he know now?

if it applies, you might have to state that you've tried to contact the father (to inform him about his son, ask for support etc) but to no avail so you took care of your son on your own and maybe with the help of friends and family, and now that you're here in the US, it's a family member/friend who's taking care of him while you send financial support, etc.

[roden 0]

I would also call the NVC ( they are a little better than USCIS ) and ask them about this, I too am confused as to why they would need to ask for this if your son is over 18? Please let us know how it goes.

Thank you for your feedback. Yes, we already contacted the NVC twice and talked to couple people but we did not get the same answer. Every single one of them had different suggestion on what to do. I thought that they would have the same advice, unfortunately they don't have a specific guidelines... Only that you have to follow what they tell you to do and if they are satisfied the documents that you give them then it's wonderful if not then they will ask more documents.

I already wrote a letter and explained myself where I am coming from. Yes, I do agree with you totally that my son is not minor anymore. However they have to follow the immigration laws. So I just have to obey their rules. I hope that the letter will help and my son's photograph. I'd let you know what happen in a couple weeks or so. I am being positive.... and thanks again!

Edited September 4, 2009 by roden