minor kids out of wedlock

[barorot2012 0]

I'm a LPR here in the states. I do have two minor kids in the Philippines for which they are still both using their mother's surname. My question is if I can file both for them to come here in the states in this kind of situation? Thank you.

[Harpa Timsah 13,258]

Are you the father?

[aaron2020 11,651]

Yes, you can file for your biological minor children.

If you are not on the birth certificate, then the US Embassy will need DNA tests.

[Harpa Timsah 13,258]

If he is the father, and they were born out of wedlock, in the PI, mother gets full custody and the father has no legal claim to those children, so I am not so sure.

[aaron2020 11,651]

If he is the father, and they were born out of wedlock, in the PI, mother gets full custody and the father has no legal claim to those children, so I am not so sure.

So what.

He is still the father. US laws determines whether he can petition his children.

Custody and legitimacy are PI issues. Neither of which are issues to petition (as long as mom gives permission for them to immigrate).

[Harpa Timsah 13,258]

PI laws don't relate to petitions, but they do relate to visas. If the mom doesn't want to hand over custody, then they can't get visas, and she has more power under PI law than in other countries.

[christeen 966]

Children in PI born out of wedlock are given to mother with sole custody... Her permission would be essential for the kids to be able to leave PI... OP, is the mother aware of your intent and if so, is she in agreement? This would be a key question...

[ekim 10]

I think you need the consent of the mother. Are you the father in their birth certificates? If no and you have the consent of the mother, then you can ask NSO to put annotations on their birth certificate that you are the biological father.

Edited February 25, 2014 by ekim

[CAC 1]

Yes you have the same situation as my husband...he went to u.s single and our daughter as his derivative...I gave my consent before she can get her and she's 5 yo by that time...and during their interview they will look for it...better talk with the mother

Edited February 25, 2014 by CAC

[joulesyanz 2]

Yes you can, IF the mother will allow them to go! Since they are using their mother's surname,

1st you have to check their birthcertificates if they were acknowledged by YOU as the father. (there's a part at the back of the Original BC that is being signed by the father whether the child is being acknowledge or not) if YES then it can be a proof that you really are the father of those kids.

2nd, minors (illegitimate) can not apply for passport unless the mother applies for her passport too or if not, the mother need to present a written consent/clearance from the DSWD that the minor is allowed to travel without her!! So it all goes back to asking the mother first.

Good luck!