does CO will deny me

[randy and ana 1]

hello to everyone here wanted to ask and guidance whoever got this situation my question is ...what if the consul ask for a letter of consent nor a legal documents (e.g sole custody and legal right or physical rights) about bringing my children during my interview and i dont have that does CO will deny me right away or he will give me time to provide that.pls help me im so worried i dont wanna leave my children here i might not be comfortable if im away from my kids esp. million miles away pls pls pls im begging for ur advice.i need ur reply ASAP coz my interview will be on Sept 15 so that i can prepare i dont wanna file a sole custody becoz its too expensive if its really needed ill do it and also i dont wanna contact my ex dont know his whereabout if ever i know where he is i dont wanna ask and beg fr his signature for a consent he abandoned us in the first place and so irresponsible he might do bad things if he knew that were leaving thanks and Godbless us always

[filipinay 0]

Hi Sister

The CO will probably ask where your ex husband is then you can simply reply that your marriage is annuled and you dont know where his whereabouts since he abandoned you and your kids. You can mention the last time you had seen him or his kids seen him. The CO has ask me where the father of my son is since I have a 9 year old son who came with me on a K2 visa. I had the same worries but things went well. The CO is more focus on finding out that your relationship to the petitioner is bonafide. I think the issue about the kids coming to another country, you will have to deal with that in the airport, since your kids are travelling with atleast one parent I don't think you have a problem. I didnt have a problem and everything went smoothly even at our POE.

Goodluck

[JimVaPhuong 4,863]

Hi Sister

The CO will probably ask where your ex husband is then you can simply reply that your marriage is annuled and you dont know where his whereabouts since he abandoned you and your kids. You can mention the last time you had seen him or his kids seen him. The CO has ask me where the father of my son is since I have a 9 year old son who came with me on a K2 visa. I had the same worries but things went well. The CO is more focus on finding out that your relationship to the petitioner is bonafide. I think the issue about the kids coming to another country, you will have to deal with that in the airport, since your kids are travelling with atleast one parent I don't think you have a problem. I didnt have a problem and everything went smoothly even at our POE.

Goodluck

Did you have sole custody under Philippine family law?

It's a violation of the Hague Convention on International Child Abduction to allow a child to be removed from it's country of residence without the permission of both parents, unless one or both parents are dead or their parental rights have been revoked according to the laws of the country where the child resides. The United States is a signatory to this convention. I don't think the consulate will issue a visa without either a court order that specifically vacates the parental rights of the non-custodial parent, or written permission from the non-custodial parent.

[filipinay 0]

Did you have sole custody under Philippine family law?

It's a violation of the Hague Convention on International Child Abduction to allow a child to be removed from it's country of residence without the permission of both parents, unless one or both parents are dead or their parental rights have been revoked according to the laws of the country where the child resides. The United States is a signatory to this convention. I don't think the consulate will issue a visa without either a court order that specifically vacates the parental rights of the non-custodial parent, or written permission from the non-custodial parent.

Yes I do. The father of my son left even before my son was born which was a case of abandonment, though I never had a written proof that I am having the sole custody of my child and even before moving to US we never had a problem travelling outside Philippines as from what I red in my research they allow a child to leave Philippines as long as they are travelling with atleast one parent. During my interview for my K1 visa in USE Manila they only ask me where the father of my son is and I told them the truth no follow up question after that and they ask my son how old is he, when is his birthday and who is this lady with you --- which is me and my son said "She's my mom" then the CO said "Are you sure?"... my son said "Yes" then the CO said "Shssssh she's your Aunt" then my son said "She's my mom" then the CO started asking question about my petitioner. My son was asked the same question in our POE and for some reason the immigration officer told him the same thing "She's your Aunt" and in the custom officer told my son "Are you sure she's not your grandma?" Then my son was asking why is everyone asking me to lie?

To Randy and Ana

I suggest you consult the social services near your place as they can give you better advice regarding custody issues when one parent abandoned their family.

[randy and ana 1]

oh thank you so much for all ur replies its a big help God is good all the time...Now i can tell it to my fiance all these comments. and i have lessen the worries of bringing my 2 children with me . thank you guys from the bottom of my heart... Mabuhay tayong lahat esp. those mom who suffered a lot from their ex's who is beeing unfair to their children. ... Again, thank you to everyone and have a blessed Sunday morning

love u guys for giving me such wonderful comment..... (F) and also thank you to the visajourney for creating this helpful website from the beginning up to the last of my journey

[marklovetina 52]

Yes I do. The father of my son left even before my son was born which was a case of abandonment, though I never had a written proof that I am having the sole custody of my child and even before moving to US we never had a problem travelling outside Philippines as from what I red in my research they allow a child to leave Philippines as long as they are travelling with atleast one parent. During my interview for my K1 visa in USE Manila they only ask me where the father of my son is and I told them the truth no follow up question after that and they ask my son how old is he, when is his birthday and who is this lady with you --- which is me and my son said "She's my mom" then the CO said "Are you sure?"... my son said "Yes" then the CO said "Shssssh she's your Aunt" then my son said "She's my mom" then the CO started asking question about my petitioner. My son was asked the same question in our POE and for some reason the immigration officer told him the same thing "She's your Aunt" and in the custom officer told my son "Are you sure she's not your grandma?" Then my son was asking why is everyone asking me to lie?

To Randy and Ana

I suggest you consult the social services near your place as they can give you better advice regarding custody issues when one parent abandoned their family.

hi there filipinay! thank u for posting ur experienced at the embassy.. u know that's my concern too but honestly one of our fam friends did that too.. she brought the 3 kids along with her in US w/o father consent... i am annulled and same as the OP i dont wanna beg or ask for father's consent he abandoned us when he went backed to canada, and during that time my baby is only 4 mons. on my tummy... but if ever they will ask me that father consent my atty. told me that she will ask a motion in court to get a cert. to travel my son, she also had a case this one in one of her client who travel also in the USA... uhmmm well good luck to us OP...

BTW: no need for DSWD clearance as long as the kid will travel with one parent.. i also asked this to our DSWD here in our place..

[payxibka 10,044]

moving thread to:

US Embassy and Consulate Discussion

This is the place to post your experiences or questions related to this last step before moving to the US. Topics relating to I-134's, packets sent from consulate and medical & police certificates should be posted here.

[Pinay Wife 47]

Your question is more specific to the Philippine Regional Forum. This same issue was discussed in the PI Forum yesterday and today. At any rate, if your child is illegitimate, you should have no problems as mothers are given sole parental authority by Philippine law. If your marriage was annulled, the CO will check who was awarded custody. Below are the law/rules concerning mother's authority over illegitimate children:

RA 9255 (Law on Mother's Parental AuthorityOver IllegitimateChildren / Can I Bring My Child To the US Without Father'sConsent? http://www.lawphil.n..._9255_2004.html

SECTION 1. Article 176 of Executive Order No. 209, otherwise known as the Family Code of the Philippines, is hereby amended to read as follows:"Article 176. Illegitimate children shall use the surname and shall be under the parental authority of their mother, and shall be entitled to support in conformity with this Code. However, illegitimate children may use the surname of their father if their filiation has been expressly recognized by the father through the record of birth appearing in the civil register, or when an admission in a public document or private handwritten instrument is made by the father. Provided, the father has the right to institute an action before the regular courts to prove non-filiation during his lifetime. The legitime of each illegitimate child shall consist of one-half of the legitime of a legitimate child."

DSWD Travel Clearance for Minors: http://www.dswd.gov....nce-for-minors-

CAN A TRAVEL CLEARANCE BE ISSUED TO ILLEGITIMATE CHILDREN WHO ARE STILL APPLYING FOR THEIR VISA IN THE EMBASSY?

Illegitimate children are under the custody of the mother. If they will be traveling with the mother, they are not required to secure a travel clearance from the DSWD. If they are traveling with person other than the mother, they must secure a travel clearance.

WHAT ARE THE REQUIREMENTS FOR ILLEGITIMATE CHILDREN ABANDONED BY THE MOTHER AND UNDER THE CUSTODY OF THE FATHER OR OTHER RELATIVES WHO WILL BE TRAVELING ALONE OR WITH THE FATHER OR OTHER RELATIVES?

Since the mother has the absolute parental authority over her illegitimate children the father would need to secure a Court Order vesting in him the parental authority over the illegitimate children. If a parental authority has been granted to the father, and the minor will be traveling with the father, he is not required to secure a travel clearance. If the minor will travel alone or with someone other than the father, he/she is required to secure a travel clearance.

Edited August 29, 2010 by Pinay Wife

[Audy_Rob 26]

I don't see where it is so clear in the OP's first posting that the children are illigetimate. She only refers to the father of the children as an Ex, neither Ex-husband nor Ex-boyfriend so it is unknown.

If there was a legitimate marriage and anulment, then there should be an award of the custody. If there was no award of custody then the documents of the children should be scrutinized at the airport of departure from the Phils, although from what postings I have read on this subject, it does not seem airlines or immigration officials strictly enforce this issue at the airport in Manila in the case of most postings. I do not know about Cebu.

Good luck.

[Pinay Wife 47]

I don't see where it is so clear in the OP's first posting that the children are illigetimate. She only refers to the father of the children as an Ex, neither Ex-husband nor Ex-boyfriend so it is unknown.

If there was a legitimate marriage and anulment, then there should be an award of the custody. If there was no award of custody then the documents of the children should be scrutinized at the airport of departure from the Phils, although from what postings I have read on this subject, it does not seem airlines or immigration officials strictly enforce this issue at the airport in Manila in the case of most postings. I do not know about Cebu.

Since I do not know if there was an ex-husband or an ex-boyfriend, when I post and give advice, I try to make it as complete as possible so as not to have a back and forth question and answer. I did give two scenarios since I wasn't sure of her situation and I did write, "if your child is illegitimate, you should have no problems as mothers are given sole parental authority by Philippine law. If your marriage was annulled, the CO will check who was awarded custody."

More often than not (and I'm only talking about the Philippines), if there was abandonment but no mention of an ex-husband, the child was born out of wedlock that's why I also said that this question is specific to the Philippines as we can read between the lines when the ladies are shy to admit to the legitimacy of their children.

Edited August 29, 2010 by Pinay Wife

[Audy_Rob 26]

Since I do not know if there was an ex-husband or an ex-boyfriend, when I post and give advice, I try to make it as complete as possible so as not to have a back and forth question and answer....

Yes, very nicely done at that.

@The OP:

Now, if there was a legitimate marriage to a US Citizen father, then the children will need to apply for US Citizenship instead of the K-2 derivative visa route.

Next, no one actually answered your question and instead answered a question you didn't ask. In any event, the CO will issue you a slip of paper called a 221(g) with the required documents you need to obtain. It is not at all likely the CO will deny you immediately for not having the correcrt papers in the case of child custody and permission.

In the last case I am aware of, the mother was given one year to obtaing the documents.

Good luck.

[randy and ana 1]

hi to everyone again, im sorry if i let u confused about my status that i am annulled to a filipino citizen b4 and blessed with a 2 boys i was the one who filed for annullment and according to my annullment decision my ex husband was having a narcissism disorder (is the spelling is correct ) anyway, according to the result of the annullment it was null and void ab initio as what i understand about the decision seems my children was awarded on to me because it was obvious that he was having a disorder but it never mention on to the decision that it was written there about who is being awarded for the custody of my children but it emphasize there that my ex husband is having a narcissm and what so called permanent disorder and incurable throughout his life.btw, kids are with me since he left.hope it will give u more idea and give me more advice regarding this matter. Thank you and Godbless us always

[Audy_Rob 26]

If the custody award is not clear and you do not have any permission paper from your Ex-husband it would seem like you need to either; a) get a separate paper from the court/government granting you full custody or b) get a written letter notarized from the Ex granting you full custody over the children and allowing you to permanently move them to the US.

Good luck.

[killmewidursmile 0]

hello to everyone here wanted to ask and guidance whoever got this situation my question is ...what if the consul ask for a letter of consent nor a legal documents (e.g sole custody and legal right or physical rights) about bringing my children during my interview and i dont have that does CO will deny me right away or he will give me time to provide that.pls help me im so worried i dont wanna leave my children here i might not be comfortable if im away from my kids esp. million miles away pls pls pls im begging for ur advice.i need ur reply ASAP coz my interview will be on Sept 15 so that i can prepare i dont wanna file a sole custody becoz its too expensive if its really needed ill do it and also i dont wanna contact my ex dont know his whereabout if ever i know where he is i dont wanna ask and beg fr his signature for a consent he abandoned us in the first place and so irresponsible he might do bad things if he knew that were leaving thanks and Godbless us always

hello there!

Im pinay facing that problem too different is were just going to start my K1 , like u am worried about the father consent we needed on k2 if ever, already talk to x but he refused to give as of now im negotiating with him for the sake of my children as i heard it was needed at USEm.

can I be your friend here ? i wanna know whats happened in ur interview.

Its bothering me so much I dont want to leave my children here too & obtaining court order is pretty expensive.

hoping everything goes well with u!

Edited September 6, 2012 by killmewidursmile

[jimmynug 13]

I don't think anyone other than a lawyer would really have the exact answer to your question. The closest one would probably be the reply from filipinay who actually went through the interview and didn't have to show anything. I doubt that the CO would pass over something like that without questioning it, however, if the child's father was not listed on the birth certificate, that would explain that one. As for the Hague Convention, the Philippines is not a signatory country to it, and since it mostly deals with an an expeditious method to return a child internationally abducted by a parent from one member nation to another, it doesn't apply. Also, by Philippine law, a minor does not need a travel clearance to travel to a foreign country with either parent, sole parent or legal guardian. And parental child abduction is not a crime under Philippine law. I can find nothing that says a parent needs consent from the other parent.

If filipinay can let us know if the father of her child was listed on his birth certificate, we could possibly figure out more. Maybe someone else will jump in that does know the actual law, if not I will try to research it more later.