How to bring child of green card holder to the US

[Bots2012 1]

Hi everyone, I have a question I was hoping some of you would have some experience with:

Our situation--I am a USC and my fiance will be joining me in the US on a K1 visa next week. He has a son and we would really would like to have him live with us in the US eventually. His son was included in the initial I-129f, but we will mostly likely wait until we are more established financially and go the I-130 route. He is 3 1/2 years old and will live with my mother-in-law in their home country while my fiance and I sort out AOS, EAD, etc. The biological mother of my fiance's son is alive, but does not support the child in any way. The child has been living with my fiance's family since he was 4 months old, when my fiance and the biological mother ended their relationship. However, my fiance has no legal documentation that he has custody of his son. His name is on the birth certificate, but there were never any legal proceedings to warrant custody with a court order. Culturally for them, it is very normal for the paternal or maternal grandmother to raise kids, but we'd like to have the child here within the next 2 years so he can begin school on time.

Our question--I've read in other posts that it was only necessary to have a letter from the other biological parent stating that they grant permission to have the child immigrate to the US, is this true? You don't need a more official document from an actual judge granting legal custody or something? Is a letter and birth certificate really enough?

Thanks for reading this long post. We appreciate your guidance.

[apple21 953]

Is your fiancee from the Philippines?

[Deputy Purple 1,294]

Country of origin is very important for this question as the laws vary drastically from one country to the next.

[apple21 953]

Assuming that your fiancee is from the Philippines...

Under Philippine Law, only the biological mother has legal (and full) custody/right over her ILLEGITIMATE children.

In our personal experience, my husband was petitioned by his father (under f2b) back in 2001 and was able to migrate with our 3 kids in 2011.

During that time, we were NOT yet married (since he has to maintain "single" status in order to be retained in the f2b category) and our children were illegitimate in their Birth Certificates.

I asked the DSWD (Department of Social Welfare and Development) if I (as the biological mother) have to secure a TRAVEL CLEARANCE in order for my fiancee (then) to be able to travel abroad with our children. DSWD said that I don't need to secure a travel clearance since the children will be traveling with their biological father under an IMMIGRANT VISA. In other cases, if illegitimate children are traveling with their father to a country under a visit/tourist visa or without a visa, they would need to secure a travel clearance signed by the mother.

I didn't secure a travel clearance (as advised by DSWD) however, during the Pre-Departure Orientation Seminar (PDOS) at the Commission on Filipinos Overseas (CFO) I was required by the PDOS officer to SIGN on our children's PDOS Forms as proof that I am allowing them to migrate with their father. The officer also photocopied my 2 valid I.D. cards and attached it to the kids' PDOS forms.

In your case, since the mother is no longer in contact with the child (and father/your fiancee), I would advise that you ask help from the DSWD so that they can assist you in asking for a WRITTEN and NOTARIZED CONSENT from the mother (granting you still have her last known address). A friend of mine was in a similar situation but he was able to get the mother to write a letter giving him consent to bring their children to the US. He had the letter notarized and he showed that letter to the PDOS officer and at the airport immigration.

[Bots2012 1]

Assuming that your fiancee is from the Philippines...

Under Philippine Law, only the biological mother has legal (and full) custody/right over her ILLEGITIMATE children.

In our personal experience, my husband was petitioned by his father (under f2b) back in 2001 and was able to migrate with our 3 kids in 2011.

During that time, we were NOT yet married (since he has to maintain "single" status in order to be retained in the f2b category) and our children were illegitimate in their Birth Certificates.

I asked the DSWD (Department of Social Welfare and Development) if I (as the biological mother) have to secure a TRAVEL CLEARANCE in order for my fiancee (then) to be able to travel abroad with our children. DSWD said that I don't need to secure a travel clearance since the children will be traveling with their biological father under an IMMIGRANT VISA. In other cases, if illegitimate children are traveling with their father to a country under a visit/tourist visa or without a visa, they would need to secure a travel clearance signed by the mother.

I didn't secure a travel clearance (as advised by DSWD) however, during the Pre-Departure Orientation Seminar (PDOS) at the Commission on Filipinos Overseas (CFO) I was required by the PDOS officer to SIGN on our children's PDOS Forms as proof that I am allowing them to migrate with their father. The officer also photocopied my 2 valid I.D. cards and attached it to the kids' PDOS forms.

In your case, since the mother is no longer in contact with the child (and father/your fiancee), I would advise that you ask help from the DSWD so that they can assist you in asking for a WRITTEN and NOTARIZED CONSENT from the mother (granting you still have her last known address). A friend of mine was in a similar situation but he was able to get the mother to write a letter giving him consent to bring their children to the US. He had the letter notarized and he showed that letter to the PDOS officer and at the airport immigration.

Thanks so much for your comments. My fiance is from Botswana which sounds similar to Philippines--only the mother has full legal custody over children born out of wedlock in Botswana. I guess the best way forward from here is to speak with officials in the Ministry of Social Welfare to figure out what is needed to transfer legal custody to my fiance. Also, although my fiance is the sole supporter of his son and the child lives with his family, that doesn't necessarily mean the biological mother will agree to having him immigrate to the US. Hopefully we will be other to sort this out and have consent before the child is ready for school is 2 years.