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Filed: IR-2 Country: Philippines
Timeline
Posted

hello..jaust want to ask if i still need consent to travel from my x-bf since he was in my childs birth cert...?please share some exp....same as mine...thanks....

http://www.visajourney.com/forums/topic/378823-philippines-stepchild-custody-question/

Filed: Lift. Cond. (apr) Country: China
Timeline
Posted

Think about it, the last thing that the US Government wants to deal with is an international custody battle. As such, the visa application for the child would most likely be denied. You have to deal with this situation, in a forthright manner. If you want your child to immigrate to the US, you will have to obtain (at a minimum) a notarized statement from the child's biological father granting permission for the child to immigrate to the US. There may be other country/embassy/consulate requirements, check with your interviewing embassy/consulate for further details/instructions. Your regional forum would be another good source of information on the subject.

In our situation, that is what we did for my wife's son. We obtained a "Notarial Certificate" (called a 'White Book" in the China forum, it is a Chinese and English-translated, notarized and certified translation document) from my step-son's father, giving his permission for his son to immigrate to the US. The step-son is now 19 years old, so the situation was a bit murky about his legal status. However, we decided the best course of action was to get the father's permission so that there would be no question or impediment to our K-1/K-2 visa process. We presented it along with the rest of his documentation at the Guangzhou consulate document intake/interview process. He is now residing with us, and enrolled for fall quarter at a local college in the Seattle area.

Good luck on your visa journey.

Completed: K1/K2 (271 days) - AOS/EAD/AP (134 days) - ROC (279 days)

"Si vis amari, ama" - Seneca

 

 

 

Posted

Think about it, the last thing that the US Government wants to deal with is an international custody battle. As such, the visa application for the child would most likely be denied. You have to deal with this situation, in a forthright manner. If you want your child to immigrate to the US, you will have to obtain (at a minimum) a notarized statement from the child's biological father granting permission for the child to immigrate to the US. There may be other country/embassy/consulate requirements, check with your interviewing embassy/consulate for further details/instructions. Your regional forum would be another good source of information on the subject.

Good luck on your visa journey.

Inaccurate information as this is indeed a country specific question and for better or worse a mother who was not married to the father of her child has full legal custody and parental authority over that child according to Philippine law and no consent will be needed from the father. She would just have to prove she was not married to him.

Read David&Goliath's thread, it will explain it.

Filed: Lift. Cond. (apr) Country: China
Timeline
Posted

Inaccurate information as this is indeed a country specific question and for better or worse a mother who was not married to the father of her child has full legal custody and parental authority over that child according to Philippine law and no consent will be needed from the father. She would just have to prove she was not married to him. I did not say that she had to prove marital status. I was speaking from the perspective of getting the child their K-2 visa. Did I not state to refer to the specific requirements of the interviewing consulate/embassy?

Read David&Goliath's thread, it will explain it.

Completed: K1/K2 (271 days) - AOS/EAD/AP (134 days) - ROC (279 days)

"Si vis amari, ama" - Seneca

 

 

 

Posted (edited)

Think about it, the last thing that the US Government wants to deal with is an international custody battle. As such, the visa application for the child would most likely be denied. You have to deal with this situation, in a forthright manner. If you want your child to immigrate to the US, you will have to obtain (at a minimum) a notarized statement from the child's biological father granting permission for the child to immigrate to the US. There may be other country/embassy/consulate requirements, check with your interviewing embassy/consulate for further details/instructions. Your regional forum would be another good source of information on the subject.

I was responding to the highlighted portion. A notarized statement from the father will not be necessary and the application won't be denied because of not having it. That was the inaccurate information.

Edited by beejay
 
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