Jump to content

10 posts in this topic

Recommended Posts

Filed: K-1 Visa Country: Philippines
Timeline
Posted

Hello VJ Members,

Please anyone help me with my situation. Iam a K1 beneficiary and planning to bring my son with me to US under K2 visa. I just got annulled early this year, and his biological father is currently based in Taiwan. He has his own family and doesnt want to do anything with our son. We agreed mutually for him to signed his Voluntary Termination of Parental Rights last year, to permanently free himself from his responsibility/obligation to our son who he never give child support since 11 yrs. ago now , and never been in his life after he abandoned us same yr.

Do I still need to ask for his signature allowing my child to permanently immigrate with me to the US oneday, even if he is presently out of the country? Will the notarized Voluntary Termination of Parental Rights will be enough plus the court's decision stating his being psychologically incapacitated for abandoning us both in the past making me my child's sole parent since then up to the present time, for the CO to consider not to require travel consent letter from his bio dad anymore?

And also, I know here in the Philippines that I dont need to secure clearance from the DSWD since Iam his mother accompanying him to travel abroad, will our immigration ask for the father's travel consent letter even if I have with me the court decision and the notarized Voluntary Termination of Parental Rights from him?

Anyone who can relate to me, pls. I will appreciate your reply. Thanks in advance!

Posted (edited)

Hello VJ Members,

Please anyone help me with my situation. Iam a K1 beneficiary and planning to bring my son with me to US under K2 visa. I just got annulled early this year, and his biological father is currently based in Taiwan. He has his own family and doesnt want to do anything with our son. We agreed mutually for him to signed his Voluntary Termination of Parental Rights last year, to permanently free himself from his responsibility/obligation to our son who he never give child support since 11 yrs. ago now , and never been in his life after he abandoned us same yr.

Do I still need to ask for his signature allowing my child to permanently immigrate with me to the US oneday, even if he is presently out of the country? Will the notarized Voluntary Termination of Parental Rights will be enough plus the court's decision stating his being psychologically incapacitated for abandoning us both in the past making me my child's sole parent since then up to the present time, for the CO to consider not to require travel consent letter from his bio dad anymore?

And also, I know here in the Philippines that I dont need to secure clearance from the DSWD since Iam his mother accompanying him to travel abroad, will our immigration ask for the father's travel consent letter even if I have with me the court decision and the notarized Voluntary Termination of Parental Rights from him?

Anyone who can relate to me, pls. I will appreciate your reply. Thanks in advance!

You don't need to secure a travel clearance as she/he is your biological child.

Oh, better to get a travel consent from your ex, as he is still the father of your kid, just to be safe though you have all the documents.

Visit this link http://www.dswd.gov.ph/index.php/faq/1886-travel-clearance-for-minors-, this will help you

Edited by 020871
Filed: Country: Philippines
Timeline
Posted (edited)

Your annulment will be sufficient for your son to secure a K2 to immigrate to the U.S. I would think if your annulment grants you the sole physical and legal custody of your child -- you don't need any signature from the father.

Your son is not subject to any ongoing custody battle and his parents do not have any martial conflict -- as evidenced by your annulment. Your son is not on the BOI watchlist and he will be traveling with his parent. Read your annulment document(s) to know what the court granted you in terms of physical and legal custody.

Edited by Leatherneck

"The Marines I have seen around the world have the cleanest bodies, the filthiest minds, the highest morale, and the lowest morals of any group of animals I have ever seen. Thank God for the United States Marine Corps!" - Eleanor Roosevelt, First Lady of the United States, 1945.

"Retreat hell! We just got here!"

CAPT. LLOYD WILLIAMS, USMC

Filed: Other Country: Philippines
Timeline
Posted

Your annulment will be sufficient for your son to secure a K2 to immigrate to the U.S. I would think if your annulment grants you the sole physical and legal custody of your child -- you don't need any signature from the father.

Your son is not subject to any ongoing custody battle and his parents do not have any martial conflict -- as evidenced by your annulment. Your son is not on the BOI watchlist and he will be traveling with his parent. Read your annulment document(s) to know what the court granted you in terms of physical and legal custody.

:thumbs: :thumbs:

Hank

"Chance Favors The Prepared Mind"

 

Picture

 

“LET’S GO BRANDON!”

Filed: K-1 Visa Country: Philippines
Timeline
Posted

You don't need to secure a travel clearance as she/he is your biological child.

Oh, better to get a travel consent from your ex, as he is still the father of your kid, just to be safe though you have all the documents.

Visit this link http://www.dswd.gov.ph/index.php/faq/1886-travel-clearance-for-minors-, this will help you

Thanks for the reply! I know I wont be needing to get travel clearance from the DSWD since Iam his biological mother, I guess after reading some stories here about some members who didnot get their K2 visa for the kids due to no travel consent affidavit from the non immigrating parent, and eventhough on their annulment case decision, the child abandonment have been mention the CO ddnt issue yet the K2, delaying their US homecoming..so made me worry, that I should take action beforehand, so yeah with God's help, just lastnight I get to talked to my son's bio dad and since almost a decade now that he was never been part of his child, he agreed on signing the papers, for our child's best interest.

I know alot of members here had a hard time dealing with the bio dad, or bio mom, but at the end of the day everything will work out fine, as long we hold on tight to our faith and positive outlook in life..so thanks so much!!! The kind of help that we get here from each other's experience something priceless! Good luck to all of us!

Filed: K-1 Visa Country: Philippines
Timeline
Posted

:thumbs: :thumbs:

Thanks so much! My annulment decision ddnt mention about my child's custody to my dismay, I dont get it why the Judge ddnt consider the fact that his father abandoned him shortly after his birth, over a decade now to grant the custody, legal and all parental authority as his sole parent providing him all that a child need from their parents.

So what I did, I get intouched with his biological father last yr, while my annulment case was still on processed, he signed his voluntary termination of parental rights and notarized it, i thought at first it wil be enough for me to bring my son to the US oneday, but after reading other sad stories here by other vj members, after their US visa interview and ddnt get the child's K2 visa, it worried me. Thinking maybe better to still obtain a Travel consent Affidavit from his bio dad, which I did few days ago, get to talked to the father and he agreed on signing it allowing my son to permanently immigrate with me to the US..as I said above comment, with prayers everything will work out fine, so now Iam happy, thanks so much for taking time replying to my query, best of luck to all of us! God bless!!!!

Filed: Country:
Timeline
Posted

Since the bio-father's parental rights have been legally terminated he no longer is legally the child's father so you will not need any consent for the child to immigrate.

Since the bio-father's parental rights have been legally terminated he no longer is legally the child's father so you will not need any consent for the child to immigrate.

Filed: Country: Philippines
Timeline
Posted

Thanks so much! My annulment decision ddnt mention about my child's custody to my dismay, I dont get it why the Judge ddnt consider the fact that his father abandoned him shortly after his birth, over a decade now to grant the custody, legal and all parental authority as his sole parent providing him all that a child need from their parents.

So what I did, I get intouched with his biological father last yr, while my annulment case was still on processed, he signed his voluntary termination of parental rights and notarized it, i thought at first it wil be enough for me to bring my son to the US oneday, but after reading other sad stories here by other vj members, after their US visa interview and ddnt get the child's K2 visa, it worried me. Thinking maybe better to still obtain a Travel consent Affidavit from his bio dad, which I did few days ago, get to talked to the father and he agreed on signing it allowing my son to permanently immigrate with me to the US..as I said above comment, with prayers everything will work out fine, so now Iam happy, thanks so much for taking time replying to my query, best of luck to all of us! God bless!!!!

Those other cases could've had issues not related or similar to your K1/K2 case. The consular officers have seen many annulments, and that is what you need as the custodial parent to secure a K2 visa for your child. Don't over think the process or complicate it, you'll be fine with the annulment docs.

"The Marines I have seen around the world have the cleanest bodies, the filthiest minds, the highest morale, and the lowest morals of any group of animals I have ever seen. Thank God for the United States Marine Corps!" - Eleanor Roosevelt, First Lady of the United States, 1945.

"Retreat hell! We just got here!"

CAPT. LLOYD WILLIAMS, USMC

Filed: K-1 Visa Country: Philippines
Timeline
Posted

Those other cases could've had issues not related or similar to your K1/K2 case. The consular officers have seen many annulments, and that is what you need as the custodial parent to secure a K2 visa for your child. Don't over think the process or complicate it, you'll be fine with the annulment docs.

Thanks, I do feel my court decision and his notarized voluntary termination of parental rights would be enough for the CO to approve my son's K2 oneday. I will just give or show them what they would ask for me then, but Im glad the bio dad still willing to sign consent travel affidavit also, I know its kinda doesnt make sense coz of the voluntary of termination of parental rights he signed before, but he agreed anyway just to make sure nothing will go wrong

oneday during our interview and bringing my child with me to US. I appreciate your help making me understand more about the process! :) Godbless!

Filed: K-1 Visa Country: Philippines
Timeline
Posted

Since the bio-father's parental rights have been legally terminated he no longer is legally the child's father so you will not need any consent for the child to immigrate.

Since the bio-father's parental rights have been legally terminated he no longer is legally the child's father so you will not need any consent for the child to immigrate.

Thanks Bob 4 Anna! I do understand it now, after reading some replies from you guys that I shouldnt worry to much about the process, just everythings so new to me, but now Im doing fine and appreciate other VJ members like you and the rest here who took time and enlightened me about our K1/K2 journey, again bunch of thanks!

 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
- Back to Top -

Important Disclaimer: Please read carefully the Visajourney.com Terms of Service. If you do not agree to the Terms of Service you should not access or view any page (including this page) on VisaJourney.com. Answers and comments provided on Visajourney.com Forums are general information, and are not intended to substitute for informed professional medical, psychiatric, psychological, tax, legal, investment, accounting, or other professional advice. Visajourney.com does not endorse, and expressly disclaims liability for any product, manufacturer, distributor, service or service provider mentioned or any opinion expressed in answers or comments. VisaJourney.com does not condone immigration fraud in any way, shape or manner. VisaJourney.com recommends that if any member or user knows directly of someone involved in fraudulent or illegal activity, that they report such activity directly to the Department of Homeland Security, Immigration and Customs Enforcement. You can contact ICE via email at Immigration.Reply@dhs.gov or you can telephone ICE at 1-866-347-2423. All reported threads/posts containing reference to immigration fraud or illegal activities will be removed from this board. If you feel that you have found inappropriate content, please let us know by contacting us here with a url link to that content. Thank you.
×
×
  • Create New...