Questions about k-1 and k-2 visas

[Kirk1968 0]

Hello All,

I am new to this forum and am trying to find some helpfull information. I am engaged to a philippine women and have an approved I-129 petition at embassy in manila, I just need to complete the rest of it. We have been getting all our info together before calling for interview. She has 4 kids and 2 will come to the usa and 2 will stay with her parents at least for now. I noticed when she sent me copies of her birth certificates that one of them for her child has incorrect info (it says she is 3rd child born and is really 4th) also her last name is listed in the fathers name, she never has been married and the father has only seen the child at birth. My question is will these issues cause me problems at the interview? Any helpfull information will be greatly appreciated.

Thanks in advace,

Kirk

[az110965 252]

I can't speak to the fact that the birth certificate lists the child's birth order incorrecty, but I CAN tell you that if the father's name appears on the birth certificate you will be required to obtain clearly stated permission from the father for the child to permanently immigrate to the USA. Hopefully your fiancee knows the father's whereabouts and can obtain his permission for the child to immigrate and HOPEFULLY the father will agree to the child leaving without you having to "compensate him in some way"...

The fact that the father has been absent from the child's life is not relevant to the CO. Only what is indicated in official court documents (ie: a court order stipulating that the mother has sole and full custody of the child or that the father's rights to the child have been terminated) holds any value to the Consulate.

I recommend you try to find the father ASAP, because without the necessary legal documents the child is not going to achieve K-2 derivitive status.

Good luck,

Alan

[Kirk1968 0]

I can't speak to the fact that the birth certificate lists the child's birth order incorrecty, but I CAN tell you that if the father's name appears on the birth certificate you will be required to obtain clearly stated permission from the father for the child to permanently immigrate to the USA. Hopefully your fiancee knows the father's whereabouts and can obtain his permission for the child to immigrate and HOPEFULLY the father will agree to the child leaving without you having to "compensate him in some way"...

The fact that the father has been absent from the child's life is not relevant to the CO. Only what is indicated in official court documents (ie: a court order stipulating that the mother has sole and full custody of the child or that the father's rights to the child have been terminated) holds any value to the Consulate.

I recommend you try to find the father ASAP, because without the necessary legal documents the child is not going to achieve K-2 derivitive status.

Good luck,

Alan

Thank you very much for your input Alan, I kind of had a feeling that would be a problem. I did talk with her parents tonight tho and they say they are 99% sure he will sign documents to release her daughter rather than facing a court order. I do have another question tho. I assume that I need to file a DS-156 application for nonimmigrant visa for her and each of her children? rather than just the one for her?

Thank you,

Kirk

[az110965 252]

Good morning Kirk,

I hope that the birth father is as cooperative as your fiancee's parents believe he will be. Assuming that he is willing to permit the daughter to immigrate, I suggest you prepare a letter for him in advance for him to sign. I have heard of stories where the CO refuses to accept the letter provided by the birth father because it wasn't worded properly - this added time and stress to the situation.

I would word the letter something like the following:

<DATE>

To Whom It May Concern,

My name is __________________________________ and I am the birth father of _______________________, who

was born on _____________. I am aware that __________________________________ (mother of the child) is in

the process of immigrating to the United States of America under the provisions of the K-1 Visa and I have no

objection for the above named child to accompany her and PERMANENTLY immigrate to the USA.

I freely and willingly give my permission for ______________________________ (child's name) to PERMANENTLY

immigrate to the United States of America.

_________________________________________

<Father's Signature>

***It is best to have this letter notarized, but if this is not possible I would strongly suggest that you have 2 people witness the signature

As far as the DS-156, you will need 2 copies of this form for EACH person immigrating.

Hope it all goes smoothly!

Alan

[Road 2 Peace Arch 0]

Keep in mind that while her parents may believe and what actually happens may be disappointing to you. I hope it's not.

Often, once the Ex finds out his former wife or g/f is marrying an American, those kids and the paperwork to release them into the US become a mini lottery ticket for him. In other words, don't be surprised if there is a substantial payment desired by the Ex-its more common than you might think.

Thank you very much for your input Alan, I kind of had a feeling that would be a problem. I did talk with her parents tonight tho and they say they are 99% sure he will sign documents to release her daughter rather than facing a court order. I do have another question tho. I assume that I need to file a DS-156 application for nonimmigrant visa for her and each of her children? rather than just the one for her?

Thank you,

Kirk

[az110965 252]

Road2,

You're exactly right, as I alluded to in my first response to the OP:

Hopefully your fiancee knows the father's whereabouts and can obtain his permission for the child to immigrate and HOPEFULLY the father will agree to the child leaving without you having to "compensate him in some way"...

I have a friend who is a member of this forum and had a situation similar to Kirk's. By the time all was said and done, significant money had changed hands. The end result was that my friend's fiancee's daughter will be able to immigrate but it didn't happen easily or without expense.

It would be great if the dad in question realizes that the daughter will have so many more opportunities for a better life here in America and gives his permission freely, but facing facts - he's never even cared so much as to be a part of her life. My hope is that Kirk doesn't have a dificult (or exopensive) time geting his soon to be step-daughter here.

[pushbrk 13,543]

I can't speak to the fact that the birth certificate lists the child's birth order incorrecty, but I CAN tell you that if the father's name appears on the birth certificate you will be required to obtain clearly stated permission from the father for the child to permanently immigrate to the USA.

This is entirely false for the Philippines, even though it would be correct for nearly all other countries. In the PI, unless the parents were married at the time of birth, the father has no parental rights, whether his name is on the birth certificate or not. The OP states his fiancee has never been married, so no permission is required.

Edited February 7, 2010 by pushbrk

[Dakine 26]

Thank you very much for your input Alan, I kind of had a feeling that would be a problem. I did talk with her parents tonight tho and they say they are 99% sure he will sign documents to release her daughter rather than facing a court order. I do have another question tho. I assume that I need to file a DS-156 application for nonimmigrant visa for her and each of her children? rather than just the one for her?

Thank you,

Kirk

assume that I need to file a DS-156 application for nonimmigrant visa for her and each of her children? rather than just the one for her?

Do a DS 156 and DS 157 and pay $131 for mom and $131 for each kid.

[az110965 252]

Pushbrk...

Are you saying that a father has NO parental rights in the PI just because he is not maried to the mother? I've never heard of such a thing. PLUS - the child has the father's last name!

Where did you find that information?

Alan

Dakine,

There is only one visa fee per FAMILY paid. Total (as of today - it is increasing soon to $350) that would need to be paid is $`131.

Alan

[pushbrk 13,543]

Pushbrk...

Are you saying that a father has NO parental rights in the PI just because he is not maried to the mother? I've never heard of such a thing. PLUS - the child has the father's last name!

Where did you find that information?

Alan

Dakine,

There is only one visa fee per FAMILY paid. Total (as of today - it is increasing soon to $350) that would need to be paid is $`131.

Alan

No, there is one visa per family member and one visa fee paid per family member, even though there is only one petition and one petition fee.

The lack of parental rights for fathers of illigitimate children in the PI, is well documented. That you haven't heard it before is of no consequence. Each assertion you've made in this thread has been completely false. May I suggest you study and learn before giving advice critical to the future happiness of families.

[Kirk1968 0]

No, there is one visa per family member and one visa fee paid per family member, even though there is only one petition and one petition fee.

The lack of parental rights for fathers of illigitimate children in the PI, is well documented. That you haven't heard it before is of no consequence. Each assertion you've made in this thread has been completely false. May I suggest you study and learn before giving advice critical to the future happiness of families.

Hello All,

Thank you for all of your responses. Her father is going to call the embassy later today when it opens and see if they can give an answer for sure on it. One thing about the father of the child tho is that he is most likely a desperate type of person that was also abusive to the mother around the time when she was born and that is the reason that she left him. I think I would agree that he may want some type of compensation if I really need to have him sign documents but I geuss at the same time after being in the philippines and seeing that most are very poor and it is difficult to make money there I am hoping that if I do have to compensate him it may not require that much due to the fact that he is a desperate person and might take whatever he can get at the time as a take it or leave it offer. Well that's what I hope anyway.

Thanks again for all the replys

[pushbrk 13,543]

Hello All,

Thank you for all of your responses. Her father is going to call the embassy later today when it opens and see if they can give an answer for sure on it. One thing about the father of the child tho is that he is most likely a desperate type of person that was also abusive to the mother around the time when she was born and that is the reason that she left him. I think I would agree that he may want some type of compensation if I really need to have him sign documents but I geuss at the same time after being in the philippines and seeing that most are very poor and it is difficult to make money there I am hoping that if I do have to compensate him it may not require that much due to the fact that he is a desperate person and might take whatever he can get at the time as a take it or leave it offer. Well that's what I hope anyway.

Thanks again for all the replys

Yes, well please report back so we can add to the mountain of previous confirmations. This ain't exactly our first rodeo, though it apparently is for some. Have you checked out the regional forum for the PI? Lots of good detailed help there from others in the same boat.

[Kirk1968 0]

Yes, well please report back so we can add to the mountain of previous confirmations. This ain't exactly our first rodeo, though it apparently is for some. Have you checked out the regional forum for the PI? Lots of good detailed help there from others in the same boat.

Yes, I will report back once I get more info. I just found this forum while searching for info so I have not seen the one on PI. Is that part of this same board? I am fairly confident tho that this will work out, just trying to avoid long delays and have all the needed information for her interview.

Kirk

[msld007 0]

Hello All,

I am new to this forum and am trying to find some helpfull information. I am engaged to a philippine women and have an approved I-129 petition at embassy in manila, I just need to complete the rest of it. We have been getting all our info together before calling for interview. She has 4 kids and 2 will come to the usa and 2 will stay with her parents at least for now. I noticed when she sent me copies of her birth certificates that one of them for her child has incorrect info (it says she is 3rd child born and is really 4th) also her last name is listed in the fathers name, she never has been married and the father has only seen the child at birth. My question is will these issues cause me problems at the interview? Any helpfull information will be greatly appreciated.

Thanks in advace,

Kirk

The truth usually works best.... concealment will only create problems (if not now, in the future). Represent the

facts as best you and your fiance can and if something comes up, it should not be under the suspicion of fraud.

[Kirk1968 0]

The truth usually works best.... concealment will only create problems (if not now, in the future). Represent the

facts as best you and your fiance can and if something comes up, it should not be under the suspicion of fraud.

Yes, I understand the thing about trying to hide problems, I am trying to be as honest as possible about all of it. Also I did just upload a picture of me and my future wife which was taken at White Sands at Maribago Beach on Mactan Island in the Philippines last July, Very nice and decently priced place to stay if ever in the Philippines. Anyways will let you guys know what happens when I get more info. Thanks for all your input.

Kirk