PHilippines Consulate

[phdnewyork 0]

Well, finally logged in and created an account. I have found a great deal of the information useful here but I have just learned something that may jeopardize my entire case: Apparently the new legislation in the Philippines requires that the father's consent to get the K2 visa for my fiancee's' child. Now, here's the catch: the father's consent is required even though they were never married. I may have to move to the Philippines.......serioulsly. And to get this news at christmas. Thanks to the politicians.

[sunandmoon 450]

Well, finally logged in and created an account. I have found a great deal of the information useful here but I have just learned something that may jeopardize my entire case: Apparently the new legislation in the Philippines requires that the father's consent to get the K2 visa for my fiancee's' child. Now, here's the catch: the father's consent is required even though they were never married. I may have to move to the Philippines.......serioulsly. And to get this news at christmas. Thanks to the politicians.

can you provide a link, this is what I found. http://www.pcgny.net/pcgny/legal_travelclearance.html

same as before, no change I can see.

Edited December 24, 2006 by roymcn3rd

[vic&el4ever 0]

Well, finally logged in and created an account. I have found a great deal of the information useful here but I have just learned something that may jeopardize my entire case: Apparently the new legislation in the Philippines requires that the father's consent to get the K2 visa for my fiancee's' child. Now, here's the catch: the father's consent is required even though they were never married. I may have to move to the Philippines.......serioulsly. And to get this news at christmas. Thanks to the politicians.

can you provide a link, this is what I found. http://www.pcgny.net/pcgny/legal_travelclearance.html

same as before, no change I can see.

http://www.visajourney.com/forums/index.php?showtopic=47175

good luck!

[gracy_byron 0]

Well, finally logged in and created an account. I have found a great deal of the information useful here but I have just learned something that may jeopardize my entire case: Apparently the new legislation in the Philippines requires that the father's consent to get the K2 visa for my fiancee's' child. Now, here's the catch: the father's consent is required even though they were never married. I may have to move to the Philippines.......serioulsly. And to get this news at christmas. Thanks to the politicians.

Hmmm Im wondering where you heard that info, like you I have the same case but I researched on it and talked to the DSWD and there's no hassle bringing a child/children out of wedlock abroad, illegitimate children are automatically under the costody of the mother no need to ask for the permission of the father. Relax and happy holidays!

[vic&el4ever 0]

Well, finally logged in and created an account. I have found a great deal of the information useful here but I have just learned something that may jeopardize my entire case: Apparently the new legislation in the Philippines requires that the father's consent to get the K2 visa for my fiancee's' child. Now, here's the catch: the father's consent is required even though they were never married. I may have to move to the Philippines.......serioulsly. And to get this news at christmas. Thanks to the politicians.

Hmmm Im wondering where you heard that info, like you I have the same case but I researched on it and talked to the DSWD and there's no hassle bringing a child/children out of wedlock abroad, illegitimate children are automatically under the costody of the mother no need to ask for the permission of the father. Relax and happy holidays!

Illegitimate children are under the custody of the mother. If they will be traveling with the mother, they are not required to secure a travel clearance from the DSWD. If they are traveling with a person other than the mother, they must secure a travel clearance.

I agree, DSWD told my woman this just last week.

[phdnewyork 0]

Well, finally logged in and created an account. I have found a great deal of the information useful here but I have just learned something that may jeopardize my entire case: Apparently the new legislation in the Philippines requires that the father's consent to get the K2 visa for my fiancee's' child. Now, here's the catch: the father's consent is required even though they were never married. I may have to move to the Philippines.......serioulsly. And to get this news at christmas. Thanks to the politicians.

Hmmm Im wondering where you heard that info, like you I have the same case but I researched on it and talked to the DSWD and there's no hassle bringing a child/children out of wedlock abroad, illegitimate children are automatically under the costody of the mother no need to ask for the permission of the father. Relax and happy holidays!

Illegitimate children are under the custody of the mother. If they will be traveling with the mother, they are not required to secure a travel clearance from the DSWD. If they are traveling with a person other than the mother, they must secure a travel clearance.

I agree, DSWD told my woman this just last week.

This is either a newly enacted law or a law that is coming before the governing body (legislative body). I've confirmed it thru several sources including most recently a family law attorney in the Philippines who handled my fiancee's annulment (which was another nightmare - but at least one that could be overcome).

['my_destiny' 0]

I think your fiancee should talk to the father of her child about it so that when you start processing your K2 case, he will not be the burden for the papers of that kid. But since they were never married, it means that the child's surname is your girl's surname so that means the father cant do anything about it.

I just wish you luck in your visa journey!

[phdnewyork 0]

I think your fiancee should talk to the father of her child about it so that when you start processing your K2 case, he will not be the burden for the papers of that kid. But since they were never married, it means that the child's surname is your girl's surname so that means the father cant do anything about it.

I just wish you luck in your visa journey!

Thanks for the response. Yes, in the past your are correct. But, with this new law if the woman has illegitimate children the father's consent is required. This was not the case in the very recent past. This is turning into an absolutely HUGE hurdle. Just an enormous roadblock that I do not know if we can overcome it.

[GeorgiaOnMyMInd 0]

Well, finally logged in and created an account. I have found a great deal of the information useful here but I have just learned something that may jeopardize my entire case: Apparently the new legislation in the Philippines requires that the father's consent to get the K2 visa for my fiancee's' child. Now, here's the catch: the father's consent is required even though they were never married. I may have to move to the Philippines.......serioulsly. And to get this news at christmas. Thanks to the politicians.

I dont think so. I haven't heard about this. what I know there is no hassle bringing a K2 to the USA especially if the child was born out of wedlock and carries her/his mother surname.

[GeorgiaOnMyMInd 0]

oh what if i couldn't find the father of my child anymore? which is normally the most cases

[GaryC 7]

All you have to do is say you don't know who the father is. Unless he comes forward and claims the baby who would you get permission from?

Edited December 25, 2006 by Iniibig ko si Luz forever

[BJZags 17]

All you have to do is say you don't know who the father is. Unless he comes forward and claims the baby who would you get permission from?

Your kidding right? You expect the USE to follow logic? If their check-box says there must be permission, there must be by-God permission from the father. The trick is to know the internal procedures for when the check-box is impossible. Thats where the well-informed lawyer comes into play

[vic&el4ever 0]

I think your fiancee should talk to the father of her child about it so that when you start processing your K2 case, he will not be the burden for the papers of that kid. But since they were never married, it means that the child's surname is your girl's surname so that means the father cant do anything about it.

I just wish you luck in your visa journey!

Thanks for the response. Yes, in the past your are correct. But, with this new law if the woman has illegitimate children the father's consent is required. This was not the case in the very recent past. This is turning into an absolutely HUGE hurdle. Just an enormous roadblock that I do not know if we can overcome it.

May I ask where is your proof of where this so called new law is written? I am sure if a Lawyer knows this new law, he knows where it is written.

http://www.dswd.gov.ph/faqdetails.php?id=47

I am sure all us K-2 visa would be sad if there Finacee's cant bring thier child with them or be put on AR.

Thanks Victor

[walls1010 3]

All you have to do is say you don't know who the father is. Unless he comes forward and claims the baby who would you get permission from?

Very funny! I suggest to ask the DSWD, they can help her to get her child a travel clearance. Even the child is illegitimate and under the mother's custody if the child is still underage, that child need a travel clearance.

Good luck and Merry Christmas

[GaryC 7]

All you have to do is say you don't know who the father is. Unless he comes forward and claims the baby who would you get permission from?

Very funny! I suggest to ask the DSWD, they can help her to get her child a travel clearance. Even the child is illegitimate and under the mother's custody if the child is still underage, that child need a travel clearance.

Good luck and Merry Christmas

Sorry but your info is wrong. I had my lawyer research this very subject. If there is no father named on the BC then the mother has total control.

WHO DOES NOT NEED TRAVEL CLEARANCE?

• All minors other than those cited above, for example:
  • A minor traveling to a foreign country with either parent or with his or her solo parent or legal guardian;
    
  • A minor traveling abroad whose parents are in the Foreign Service or living abroad or are immigrants, provided he/she is holding a valid pass such as a dependents visa/pass/identification card or permanent resident visa/pass/identification card which serves as proof that he/she is living with parents abroad and their travel does not constitute child trafficking.
    

WHAT ABOUT THOSE CHILDREN WHOSE PARENTS HAVE MARITAL CONFLICT AND ARE ON HOLD ORDER?

A minor who is the subject of ongoing custody battle between parents will not be issued a travel clearance unless a Court Order is issued to allow the child to travel abroad with either one of his/her parents or authorized guardian. The family shall be responsible to notify the Bureau of Immigration to include the name of the child/ren in the watchlist of minors travelling abroad. It is therefore the Bureau of Immigration’s responsibility to ensure that no child under the watchlist order leaves the country.

Therefore if the child is not on a watchlist he will be allowed to pass if with one of his parents. No clearence is needed. To further show my point here is the part about an illegitamate child that has been abandonded by the mother:

WHAT ARE THE REQUIREMENTS FOR ILLEGITIMATE CHILDREN ABANDONED BY THE MOTHER AND UNDER THE CUSTODY OF THE FATHER OR OTHER RELATIVES WHO WILL BE TRAVELING ALONE OR WITH THE FATHER OR OTHER RELATIVES?

Since the mother has the absolute parental authority over her illegitimate children the father would need to secure a Court Order vesting in him the parental authority over the illegitimate children. If a parental authority has been granted to the father, and the minor will be traveling with the father, he is not required to secure a travel clearance. If the minor will travel alone or with someone other than the father, he/she is required to secure a travel clearance.

http://www.dswd.gov.ph/faqdetails.php?id=47

It says here that the mother has total control over an illegitimate child even if she abondons it.

So, it does not matter if you can name the father, if there is no name on the BC the question is moot.