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Kelly & Janne

K1/K2 Visa For Filipina Fiance', but don't know the father of her Daughter

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Hi all,

First, thanks for all of the info people have been submitting here. I've used it extensively in preparing our visa petition. Here is where I need some educated assistance:

Background:

I-129F submitted March 2012

Fiance (K1) and 2 year old daughter (K2)

Ok, so I submitted the I-129F, and made sure that my fiance's daughter was listed. As far as her daughter is concerned, she doesn't know who the father is, and as such, no fathers name is on the birth certificate. I have two questions here.

1) What will be the affect on the K2 Visa of not knowing who the father is?

2) Will this affect the processing of the K1 Visa?

I wasn't giving this much thought until I recently brought it up and was told so many different stories, that I thought I had better bring it to this forum to get the straight answer. This is tying me in knots as I love her and her daughter so very much, and want to keep the process as uncomplicated as I can. Any help or guidance will be greatly appreciated.

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1) What will be the affect on the K2 Visa of not knowing who the father is? None. As long as the father is not on the birth certificate. The child is below 7 years old

2) Will this affect the processing of the K1 Visa? No

1. What are the specific laws that cover child custody for single moms in the Philippines?

If a child is born out of wedlock, the child is considered as illegitimate under the parental authority of the mother. You will find this in Article 176 of the Family Code of the Philippines. Child custody is one of the consequences of parental authority. Parental authority includes the right and duty of a parent to bring up a minor (below 18 years old). This authority cannot be renounced or transferred except in cases allowed by law (Article 210 of the Family Code).

Apart from the Family Code, a single mother may also read up on RA 8972, “The Solo Parents’ Welfare Act of 2000”) to find out her benefits as a single mom under Philippine law.

2. Are minors (or children under 18 years old) automatically under the custody of a mother? At what age can a child choose to live with either parent?

It depends. In the case of married couples, the father and the mother jointly exercise parental authority (and therefore, joint custody) of a child. However, in case of disagreement between the spouses, the father’s decision shall prevail unless there is a judicial order to the contrary (Art. 211, Family Code).

If the marriage is terminated by an annulment or declaration of nullity decree, there is a presumption in the Family Code as stated in Article 102 (6) and Article 129 (9) that any child below 7 years old is deemed to choose the mother, unless the court decides otherwise. In all cases, the court shall take into consideration the best interests of the child in making its decision.

For single mothers, they have sole parental authority over their child. The father of the child cannot be deprived of his parental rights to have access to the child in case he desires this. This can include temporary custody over the child.

http://www.smartparenting.com.ph/mom-dad/relationships/Single-Moms-and-their-Child-Support-and-Child-Custody-Rights

http://jlp-law.com/blog/basic-issues-in-child-custody/

Executive Order No. 209

The Family Code of the Philippines

Art. 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 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.(As amended by Republic Act 9255, approved February 24,2004.)

http://www.familymatters.org.ph/Family%20Code/FC%20Title%20VI%20paternity%20and%20filiation%20.htm#chapter3illegitimate

International Parental Child Abduction Philippines

http://travel.state.gov/abduction/country/country_514.html


God Does for those who do for themselves..!!

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Wow, brother, no stone unturned. You answered all of my questions thoroughly and even provided exceptional material for follow-up research. Thanks so much for taking the time to answer my question. I really appreciate it. I'm back in my comfort zone again. ;-)

No Problem :thumbs:


God Does for those who do for themselves..!!

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Has she got the little one her passport yet.

When she goes get her passport they will walk her through it. She will need to get the childs birth certificate, a baptmismal certificate and affidavite of illegitimatize. It took 3 weeks and she had her passport.

Art. 170. The action to impugn the legitimacy of the child shall be brought within one year from the knowledge of the birth or its recording in the civil register, if the husband or, in a proper case, any of his heirs, should reside in the city or municipality where the birth took place or was recorded.

If the husband or, in his default, all of his heirs do not reside at the place of birth as defined in the first paragraph or where it was recorded, the period shall be two years if they should reside in the Philippines; and three years if abroad. If the birth of the child has been concealed from or was unknown to the husband or his heirs, the period shall be counted from the discovery or knowledge of the birth of the child or of the fact of registration of said birth, whichever is earlier. (263a)

Art. 175. Illegitimate children may establish their illegitimate filiation in the same way and on the same evidence as legitimate children.

The action must be brought within the same period specified in Article 173, except when the action is based on the second paragraph of Article 172, in which case the action may be brought during the lifetime of the alleged parent. (289a)

Art. 173. The action to claim legitimacy may be brought by the child during his or her lifetime and shall be transmitted to the heirs should the child die during minority or in a state of insanity. In these cases, the heirs shall have a period of five years within which to institute the action.

hopefully this provides some more insight

Edited by aam

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Hi all,

First, thanks for all of the info people have been submitting here. I've used it extensively in preparing our visa petition. Here is where I need some educated assistance:

Background:

I-129F submitted March 2012

Fiance (K1) and 2 year old daughter (K2)

Ok, so I submitted the I-129F, and made sure that my fiance's daughter was listed. As far as her daughter is concerned, she doesn't know who the father is, and as such, no fathers name is on the birth certificate. I have two questions here.

1) What will be the affect on the K2 Visa of not knowing who the father is?

2) Will this affect the processing of the K1 Visa?

I wasn't giving this much thought until I recently brought it up and was told so many different stories, that I thought I had better bring it to this forum to get the straight answer. This is tying me in knots as I love her and her daughter so very much, and want to keep the process as uncomplicated as I can. Any help or guidance will be greatly appreciated.

hi

, i am also a single mother.. and i have a 3 years old son.. i already finish my interview for K1 and K2 and i am APPROVED! last May 17, 2012.

The consular will not ask who is the father of the child, they will just ask, where is the father? which i answered, " I don't see his father ever since he was born". that's it..

Here is the documents you need for k1 and k2:

=====< K1 >=====

1. DS-156, DS-156K, DS-157 ( two copies of this all)

2. Passport

3. 2X2 Pictures

4. NSO Birth Certificate

5. Pictures of you and your fiancee together when you visit her in the Philippines

6. Remitances

7. Your W2 (latest)

8. Affidavit of support

9. send your taxes (latest)

10. Proof of payment ( receipt when you pay your application at BPI bank).

11. NBI Clearance

12. Certificate of no marriage (CENOMAR)

=====< K2 >======

1. DS-156, DS-157

2. Passport

3. 2x2 Pictures

4. NSO Birth certificate

Thats all.. I hope this will help..

Feel free to contact me for any information regarding your Petition.

Good luck and God bless...

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1) What will be the affect on the K2 Visa of not knowing who the father is? None. As long as the father is not on the birth certificate. The child is below 7 years old

2) Will this affect the processing of the K1 Visa? No

1. What are the specific laws that cover child custody for single moms in the Philippines?

If a child is born out of wedlock, the child is considered as illegitimate under the parental authority of the mother. You will find this in Article 176 of the Family Code of the Philippines. Child custody is one of the consequences of parental authority. Parental authority includes the right and duty of a parent to bring up a minor (below 18 years old). This authority cannot be renounced or transferred except in cases allowed by law (Article 210 of the Family Code).

Apart from the Family Code, a single mother may also read up on RA 8972, “The Solo Parents’ Welfare Act of 2000”) to find out her benefits as a single mom under Philippine law.

2. Are minors (or children under 18 years old) automatically under the custody of a mother? At what age can a child choose to live with either parent?

It depends. In the case of married couples, the father and the mother jointly exercise parental authority (and therefore, joint custody) of a child. However, in case of disagreement between the spouses, the father’s decision shall prevail unless there is a judicial order to the contrary (Art. 211, Family Code).

If the marriage is terminated by an annulment or declaration of nullity decree, there is a presumption in the Family Code as stated in Article 102 (6) and Article 129 (9) that any child below 7 years old is deemed to choose the mother, unless the court decides otherwise. In all cases, the court shall take into consideration the best interests of the child in making its decision.

For single mothers, they have sole parental authority over their child. The father of the child cannot be deprived of his parental rights to have access to the child in case he desires this. This can include temporary custody over the child.

http://www.smartparenting.com.ph/mom-dad/relationships/Single-Moms-and-their-Child-Support-and-Child-Custody-Rights

http://jlp-law.com/blog/basic-issues-in-child-custody/

Executive Order No. 209

The Family Code of the Philippines

Art. 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 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.(As amended by Republic Act 9255, approved February 24,2004.)

http://www.familymatters.org.ph/Family%20Code/FC%20Title%20VI%20paternity%20and%20filiation%20.htm#chapter3illegitimate

International Parental Child Abduction Philippines

http://travel.state.gov/abduction/country/country_514.html

thank you so much for the information, my friend is having the same problem but now i can show her this :)

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