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K1-DS 230 Question

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My fiancée has a 5 year old who would be eligible for a derivative K2 visa. According to Packet 3 instructions every applicant has to fill that form, so I am assuming we will be filling a copy of DS 230 for both her and the kid. If yes, then who signs the form, he is old enough to write his name, but just wanted to confirm if anybody had a similar experience and the path chosen?

Thanks in Advance

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My fiancée has a 5 year old who would be eligible for a derivative K2 visa. According to Packet 3 instructions every applicant has to fill that form, so I am assuming we will be filling a copy of DS 230 for both her and the kid. If yes, then who signs the form, he is old enough to write his name, but just wanted to confirm if anybody had a similar experience and the path chosen?

Thanks in Advance

Yes you will need to fill up a form for the kid and one for the mother.

Signning the form is the easy part. The mother can sign for her minor child.

This is the not so easy part: The minor child will need a letter of consent from the biological father (or court giving full custody to the mother).

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I'm in the same situation. My wife is from the Philippines. The father left when she was pregent and never returned. There is no father listed on the NSO copy of the birth certificate. I am going to attach a copy of the Family Code of the Philippines. Article 176 states that Illegitimate children shall use the surname and shall be under parental authority of the mother. This is from the Congress of the Philippines. Since no father around, I wonder if I will still need a court order? Its pretty straight forward in the article.

Tony

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