not etting married and returning to phils. in k1 visa with my u.s citizen baby

[juaning 4]

i just landed in american soil last july in k1 visa with my 2year old (us citizen) baby..my baby is a dual citizen, my fiance is her biological father..my concern is that we're not getting married and i want to return back home in philippines before the 90 day expires..can i bring with me my daughter without her father's consent?..in the airport do i need other papers?..im afraid yhey wont let my baby go with me..pls anyone knew any case about mine?

[lost_at_sea 995]

Does your fiancé know you're leaving? You and he can arrange to provide documentation to show that he is allowing the child to live with you (as per whatever arrangement you have).

[juaning 4]

yes he knew and aware..but he don't want me to take our daughter..

[khmerheart 2]

If you have a US or Philippines passport for the baby you will be able to leave the country without any problem, BUT it is illegal to do so without the other parents consent. So just because they won't stop you doesn't make it legal.

Removing a child from the United States against another parent's wishes can be considered a crime in every U.S. state. In some cases an abducting parent may be charged with a Federal crime under the International Parental Kidnapping Crime Act (IPKCA). This can be the case even when neither parent holds a custody decree prior to the abduction.

From: http://travel.state.gov/abduction/prevention/prevention_560.html

[Harpa Timsah 13,258]

yes he knew and aware..but he don't want me to take our daughter..

You are proposing kidnapping your daughter.

[lost_at_sea 995]

yes he knew and aware..but he don't want me to take our daughter..

You absolutely need to resolve this with your ex before you leave. You can't just take her without his consent (abduction).

http://www.travel.state.gov/abduction/

[juaning 4]

i understand it..it's just that the daughter will be left with his father who doesn't even know a single detail of how to took care of her even a single day..and my 90day is almost over..so sad that in this law my daughter can't go with me..and be denied of a mother's love..

even if she is illigitimate..but because she's a u.s citizen..

[lost_at_sea 995]

i understand it..it's just that the daughter will be left with his father who doesn't even know a single detail of how to took care of her even a single day..and my 90day is almost over..so sad that in this law my daughter can't go with me..and be denied of a mother's love..

That may all be true, but if you want her to leave with you, you need to speak to your ex and get his agreement.

[Pitaya 2,577]

~Moved from K-1 Process to Effects of Major Family Changes on Immigration Benefits Forum~

~K-1 returning home~

[del-2-5-2014 1,339]

i understand it..it's just that the daughter will be left with his father who doesn't even know a single detail of how to took care of her even a single day..and my 90day is almost over..so sad that in this law my daughter can't go with me..and be denied of a mother's love..

even if she is illigitimate..but because she's a u.s citizen..

But it's okay to deny a Fathers love?

Why would you even want to deny this child the better lifestyle in the US?

[aaron2020 11,651]

Go see an immigration lawyer and then a family lawyer.

If you do not have money, then contact Catholic Charities near you. http://www.catholiccharitiesusa.org/

You are essentially stuck in a hard place - 1) violate US immigration law and stay with your baby, 2) leave with your baby and commit parental kidnapping by taking the baby out of the country without the father's permission, or 3) leave without your baby.

[aaron2020 11,651]

But it's okay to deny a Fathers love?

Why would you even want to deny this child the better lifestyle in the US?

So, it's okay to deny a mother's love?

Why should you want to deny this child the love and care of a mother?

How is life with a US father who doesn't know how to care for the child when there is a loving mother?

Why do you assume that life for the child would be better in the US?

[juaning 4]

there's no better place than a hand of a loving parent to mold a child..not because it's the u.s soil my daughter would have a quality life..i myself would love to give her the complete family she deserves but with a father who would in some other way broke his own family in almost always verbal abuses..then it's better for us not to get married at all..anyway when my daughter would reach her mature age she will learn to find her real dad..i wouldn't deprive her of her father..

thank you aaron for this link..hope i could find help.with.it sooner..

[del-2-5-2014 1,339]

So, it's okay to deny a father's love?

Why should you want to deny this child the love and care of a father?

How is life with a foreign mother who doesn't know how to care for the child when there is a loving father?

Why do you assume that life for the child would be better in the foreign country?

A quagmire. Edited August 30, 2013 by Gowon

[Justud 42]

Tough, tough. wish you two could work it out. But i would look into getting legal advise.