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Sweet28

Need help (denied by his american citizen father)

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Filed: K-1 Visa Country: Philippines
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Hi just wanna ask if anyone can help me with my case about my son. My son denied by this own father who is an a a filipino but already american citizen, first is he went home here in the philippines December 2011 and to make the story short i found out by February 2012 that i was pregnant..but that time we already separated/broke up because of his attitude. I told him late by May that im pregnant and he was the Father,but he didnt believe me. When the time pass by..he always message me how is my pregnant i told him if he can help me financially, but instead of to comfort me, he told me some bad things about me by personal message me thru facebook .he always told me to assure that kid is his own kid..i already told him everything..until one day i told him i will not let my son meet his father ever. And then my friend told me if i can go back to US (my fiancé is applying for K1 visa for me) i can file a case against his father for abandon my son.would that be the right thing to do?need help ...

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What I suggest as a filipina also..if you already found someone to be your lifetime partner, maybe it's time for you to forget and forgive the father of your son,move on, I dont know what might happen but for sure even your present relationship will suffer.just raise your son without any anger from his father..just my point of view, but you are the one who can still decide what to do.GOD bless

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Filed: AOS (pnd) Country: Philippines
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If he is USC then you can contact the Attorney General in the state where he lives.

With the way the US Fanily law is I would think they would make him pay child support

They courts can order him to take a DNA test, I would think

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Filed: Country: Vietnam (no flag)
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If he is USC then you can contact the Attorney General in the state where he lives.

With the way the US Fanily law is I would think they would make him pay child support

They courts can order him to take a DNA test, I would think

The AG deals with criminal matters. The AG does not deal with civil disputes especially when when the mother is seeking to establish legal paternity and child support.

If the OP wants family law to help and get a DNA test, she calls on her own attorney to sue the father. She does not call the AG.

Edited by aaron2020
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Filed: Country: Vietnam (no flag)
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Hi Sweet28,

Once you are in the US, you can hire a lawyer to sue the father to establish paternity and get child support.

You can not sue for "abandonment" since paternity has not been legally established. Right now, its only your words that he is the father.

Once you establish that he is the father legally in court, he gains rights as a parent. He will be entitled to see his child. He may even be granted shared custody. If you die while the child is a minor, the father will automatically get custody.

You need to think about the pros and con's of establishing paternity.

Edited by aaron2020
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Filed: K-1 Visa Country: Philippines
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... I think that is very wise advice

What I suggest as a filipina also..if you already found someone to be your lifetime partner, maybe it's time for you to forget and forgive the father of your son,move on, I dont know what might happen but for sure even your present relationship will suffer.just raise your son without any anger from his father..just my point of view, but you are the one who can still decide what to do.GOD bless

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... I think that is very wise advice

Thanks Mike5627,If I we're her I will do that, to be able to live peacefully?? Edited by hardrockangel
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Filed: Lift. Cond. (apr) Country: China
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Moved from What Visa Do I Need - Family Based Immigration to Philippines regional forum; topic is about legal issues and the OP is already on an established visa path.

Our journey:

Spoiler

September 2007: Met online via social networking site (MySpace); began exchanging messages.
March 26, 2009: We become a couple!
September 10, 2009: Arrived for first meeting in-person!
June 17, 2010: Arrived for second in-person meeting and start of travel together to other areas of China!
June 21, 2010: Engaged!!!
September 1, 2010: Switched course from K1 to CR-1
December 8, 2010: Wedding date set; it will be on February 18, 2011!
February 9, 2011: Depart for China
February 11, 2011: Registered for marriage in Wuhan, officially married!!!
February 18, 2011: Wedding ceremony in Shiyan!!!
April 22, 2011: Mailed I-130 to Chicago
April 28, 2011: Received NOA1 via text/email, file routed to CSC (priority date April 25th)
April 29, 2011: Updated
May 3, 2011: Received NOA1 hardcopy in mail
July 26, 2011: Received NOA2 via text/email!!!
July 30, 2011: Received NOA2 hardcopy in mail
August 8, 2011: NVC received file
September 1, 2011: NVC case number assigned
September 2, 2011: AOS invoice received, OPTIN email for EP sent
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September 8, 2011: OPTIN email accepted, GZO number assigned
September 10, 2011: Emailed AOS package
September 12, 2011: IV bill invoiced
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September 14, 2011: Emailed IV package
October 3, 2011: Emailed checklist response (checklist generated due to typo on Form DS-230)
October 6, 2011: Case complete at NVC
November 10, 2011: Interview - APPROVED!!!
December 7, 2011: POE - Sea-Tac Airport

September 17, 2013: Mailed I-751 to CSC

September 23, 2013: Received NOA1 in mail (receipt date September 19th)

October 16, 2013: Biometrics Appointment

January 28, 2014: Production of new Green Card ordered

February 3, 2014: New Green Card received; done with USCIS until fall of 2023*

December 18, 2023:  Filed I-90 to renew Green Card

December 21, 2023:  Production of new Green Card ordered - will be seeing USCIS again every 10 years for renewal

 

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Filed: AOS (pnd) Country: Philippines
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The father is US citizen? Do you know his address? Getting support from him once you are in the US is very simple. You go to the local court to you that handles child support filings and tel the clerk you want to file a USDL petition (stands for Uniform Support of Dependents Law). Whatever agency is responsible to prosecute child support matters in his home state (all states have one) will sue him for support for you in the state where he lives, send all monies collected to the support enforcement agency in your state, and they send it on to you.

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Filed: K-1 Visa Country: Philippines
Timeline

The father is US citizen? Do you know his address? Getting support from him once you are in the US is very simple. You go to the local court to you that handles child support filings and tel the clerk you want to file a USDL petition (stands for Uniform Support of Dependents Law). Whatever agency is responsible to prosecute child support matters in his home state (all states have one) will sue him for support for you in the state where he lives, send all monies collected to the support enforcement agency in your state, and they send it on to you.

I dont know where his insact address is..but he is in california..yap he is an american citizen born in philippines..he was a US Army before but the time we meet he already went to culinary school..nd i dont have any news about him lately...

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Filed: AOS (pnd) Country: Philippines
Timeline

There are other ways they can find him, like a Department of Motor Vehicle address search.

The first step in any event is go to to the local court where you will live that handles support cases and ask the clerk for a USDL petition.

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I agree with "hardrockangle" that maybe you should leave well enough alone as your options are very time consuming and costly. If you are happy with your current "husband" and he has accepted your child then I think that it is the best for all three of you.

Spoiler

Adjustment of Status

AOS March 5, 2014 Submitted AOS with EAD/AP package to Chicago USICS

Delivered March 8, 2014 AOS packaged delivered to USCIS drop box

Accepted March 19, 2014 Text message with receipt numbers

Biometrics April 16, 2014 Biometrics completed

EAD May 23, 2014 Employment Authorization Document approved and went to card production

TD May 23, 2014 Travel Document approved and went for card production

Receipt EAD/AP May 30, 2014 Received combo card EAD/AP

Green Card Approved July 11, 2014 Approved, no interview. Went to card production.

Green Card received July 17, 2014 GC received without interview

Removal of Conditions

Mailed I-751 Dec 16, 2015 Submitted ROC (removal of conditions)

Received Dec 18, 2015 USPS notification of successful delivery

Check Cashed Dec 21, 2015 Check was cashed

NOA-1 Issued Dec 21, 2015 NOA-1 for ROC issued

NOA-1 Issued Dec 26, 2015 NOA-1 Received

Biometrics Appt. Jan 29, 2016 Biometrics Appointment Scheduled [Completed]

 

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I agree with "hardrockangle" that maybe you should leave well enough alone as your options are very time consuming and costly. If you are happy with your current "husband" and he has accepted your child then I think that it is the best for all three of you.

Thanks "greenbaum", live life to the fullest..don't chase him because maybe it will bring more problems in the future..and also the boy will be in a traumatic situation..she said from the start the man already deny her son..so she needs yo prove first that the boy is his son, then she can file the case, for sure her son will be involved in every moved that she need to take..spare the boy from disappointment, I am a mother with 1 daughter..the father also same like that man..but instead of chasing him I stood by my self.and now we're very much ok without him..be strong and always pray.?

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One more thing,love your fiance now as much as you can..if he found out that you have other plan aside from being with him in america, for sure you will have a problem in the future.For sure he petition you to be with him and to have a happy life together.not to chase your ex.

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Filed: AOS (pnd) Country: Philippines
Timeline

I think it is a safe bet your fiance knows the father of your child is someone other than him.

Be that as it may, involve him in the decision: Do the two of you want to pursue this man to get him to attend to his responsibility as a father, or do you want to let sleeping dogs lie? If you get support from him, he may be able to establish visitation rights with the child, and he might exercise them solely to be vindictive. You need to consider that before you open Pandora's Box.

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