Having all kinds of problems (Visa to Korea): US Military in Korea w/ Filipina wife and stedaughter in PI

[A&M-Forever 0]

Greetings all,

My wife and I are having all kinds of problems getting a visa for her and her daughter (my stepdaughter) to travel to Korea. I am a US military member stationed here. They are both listed on my military orders as being authorized to travel/live here with me during my assignment (3 years).

Background: Wife was never married to her daughter's father. He did sign the birth certificate, acknowledging the birth. The child does bear his last name (surname). All of which is perfectly legal in the Philippines. And since the mother and father were never married, no matter what...the child always belongs to the mother (full parental custody) unless the father attains a court order trying for custody (which he has not done).

My wife and stepdaughter are also LPR's of the United States (Green card holders), with Philippine passports. They both lived with me during the past 3 years in Germany.

We first applied at the Chicago Korean consulate, and they require some sort of "custody" document that says that I have legal custody of my stepdaughter. I explained to them, provided proof, even notarized proof (from the Philippines Consulate General in the Chicago) of the family code of the Philippines which states that the mother always has custody of their children - but they will not accept any of this.

My wife and stepdaughter will now be flying to Manila this coming weekend, and are set to apply with the Korean Embassy in Manila. On their website, they list out exactly what is needed for both my wife and my stepdaughter...and nothing mentions "custody" documents being required - and we have everything required (per the list anyway).

Everyone keeps telling me that we need a court order for custody of the child...but for the life of me, I do not believe that to be the case. The parents were never married. Philippine law states that the mother has full custody. Isn't that the end of story?

I was in touch with one attorney in Manila and first she said they could provide a Legal Opinion letter regarding the laws of the Philippines - and that this might help our case. However, I heard again from her today that we will need a court order because the father acknowledged the childs birth (on birth certificate). Again, this doesn't seem right to me, but what do I know.

Does anyone have any advice or information for me? I'm so stressed...been dealing with this visa issue since January...

Thank you all for any/all help or info you migth be able to provide....

Edited June 17, 2013 by A&M-Forever

[KrystelKyle 16]

Hi there,

I don't have any answer to your question but your situation is almost the same of mine when stepdad(American) was stationed in Japan. My mom and stepdad was married, but mom never married my real dad which is ok in Philippines law that mother has the full custody. We applied in Manila Japanese embassy so that he can take us to Japan and also we are in his order under SOFA status.(not to mention Japan is very strict for Visa applicants) I was minor then and it took 3-4 months for us to get the visa and if I remember it correctly you need to ask your command for command sponsorship for both of them.

[KrystelKyle 16]

Greetings all,

My wife and I are having all kinds of problems getting a visa for her and her daughter (my stepdaughter) to travel to Korea. I am a US military member stationed here. They are both listed on my military orders as being authorized to travel/live here with me during my assignment (3 years).

Background: Wife was never married to her daughter's father. He did sign the birth certificate, acknowledging the birth. The child does bear his last name (surname). All of which is perfectly legal in the Philippines. And since the mother and father were never married, no matter what...the child always belongs to the mother (full parental custody) unless the father attains a court order trying for custody (which he has not done).

My wife and stepdaughter are also LPR's of the United States (Green card holders), with Philippine passports. They both lived with me during the past 3 years in Germany.

We first applied at the Chicago Korean consulate, and they require some sort of "custody" document that says that I have legal custody of my stepdaughter. I explained to them, provided proof, even notarized proof (from the Philippines Consulate General in the Chicago) of the family code of the Philippines which states that the mother always has custody of their children - but they will not accept any of this.

My wife and stepdaughter will now be flying to Manila this coming weekend, and are set to apply with the Korean Embassy in Manila. On their website, they list out exactly what is needed for both my wife and my stepdaughter...and nothing mentions "custody" documents being required - and we have everything required (per the list anyway).

Everyone keeps telling me that we need a court order for custody of the child...but for the life of me, I do not believe that to be the case. The parents were never married. Philippine law states that the mother has full custody. Isn't that the end of story?

I was in touch with one attorney in Manila and first she said they could provide a Legal Opinion letter regarding the laws of the Philippines - and that this might help our case. However, I heard again from her today that we will need a court order because the father acknowledged the childs birth (on birth certificate). Again, this doesn't seem right to me, but what do I know.

Does anyone have any advice or information for me? I'm so stressed...been dealing with this visa issue since January...

Thank you all for any/all help or info you migth be able to provide....

Here you go, hope this one help. You can check this link http://www.2id.korea.army.mil/soldiers/command-sponsorship

[A&M-Forever 0]

Thank you...but they both already have command sponsorship approved (and listed on my military orders). I received this before coming to Korea. The Chicago Korean consulate didn't really care about this either....

Thank you though....

[KrystelKyle 16]

Thank you...but they both already have command sponsorship approved (and listed on my military orders). I received this before coming to Korea. The Chicago Korean consulate didn't really care about this either....

Thank you though....

I don't know how Korean consulate work in the U.S but when I came to Japan I was under SOFA. I first came for tourist in Japan then stepdad did everything on military base. I was in the Philippines and applied at Japanese Embassy. All I remember is I applied for tourist first then stepdad got me a stamp on my passport on base for SOFA then 2-3 weeks got my dependant ID. I was minor then and long time ago. I think I will ask my parents inlaw that was both stationed in Korea too.

[louiep 7]

hello first thk you for your service!!! First it is absolutely correct that you do NOT need any forms or documents as far as custody,it is absolutely correct that under Phil law that the mother has full and legal custody,as long as the mother was never married to the father,and can immigrate n travel with the child or children as long as they have valid passports and are under 21yrs of age!It doesn't matter at all that the father signed the birth certificate!!!Under Phil law and reconized by the US State Department ,the children immigrating to the US with their mother who is a spouse of a US citizen,the child or children,under the law automatically become the stepchild or step children of the US citizen spouse! As evidence,under the Affidavit of Support you had to submit in your process! Another words the contract between you(The US Citizen) and the US Government that you are responsable financially n so forth for your Spouse (your wife)and her child(your stepdaughter) In my opinion,before goig to the Korean embassy in Manila,as you are Serving Military member and your wife and stepdaughter are Permenet Residents of the US,i would make an appointment to go the US embassy in Manila,see the person in charge of handling Affairs for Family Members who are serving acting duty Overseas,with the same evidence you would bring to the Korean Embassy,let them know of the problem in Chicago,and they could probley expediate this matter for you! Your welcome to look at my info on here as I went through some of the same! godbless you

[A&M-Forever 0]

louiep - Thanks so much for your post and for your help and information! I am in complete agreement with you on everything that you mentioned!

To further infuriate and confuse me --- I received another email from the attorney in Manila:

------------------------------------------------------------------------------------------------------------------------------------------

Asuncion Law Office

No. 6853 Washington Street,
Brgy. Pio del Pilar,
Makati City 1230
Metro Manila
Philippines

The crux of the matter is the father acknowledged his child in the child's birth certificate. There lies the difference between a father NOT acknowledging the child and no mention of his name is made in the birth certificate.

In view of that, the father's consent is needed to give full custody to the mother or a court order awarding full custody to the mother.

-----------------------------------------------------------------------------------------------------------------

However, I still think they are wrong...and is likely just trying to get some $$$ from me THE CHILD HAS THE RIGHT TO USE THE FATHERS SURNAME (this is important down the line when estate matters come into play after the death of the biological father and also in child support issues). The child does not receive child-support and never has (and never will!). The father can sign the birth certificate, he is simply acknowledging the birth...but that still does not give him even an ounce of custody, unless they were married, which they were not and never were.

I guess I'll find out how it goes next week...she will be going to the Korean Embassy on Monday morning...

We do have a signed/notarized statement from the father saying that the mother has all parental authority and full custody of the child...as well as stating that the child is free to travel with her mother and stepfather to Korea (or anywhere she wishes to travel). We had that done last week and it is at her sisters house in Davao/Tagum City...if the Korean embassy needs that, my wife will just book a flight to go get it and then fly back the same day. We are hoping we don't need it though...

Today I had an invitation letter notarized in Korean (English translated to Korean) to go along with another invitation letter that was notarized on my base here in Korea.

Anyways, thanks again for all the help....I'll keep this thread updated with what happens next week. Fingers crossed...

[Kang 22]

threadstarter, how has things gone?