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jorge_and_rose

Question about Petitioning for Step Son

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I have a friend who is married to a Filipina, who is a permanent resident. He brought her to the US last year. He now wants to petition for her 4 year old son to live in the US with them. On the child's birth certificate, the father's name is not listed because he abandoned her when he (punk) found out she was pregnant. Will the embassy ask for the father's consent for the child to go to the US? I'm thinking no right? My friend and his wife is worried but I told them to not worry because for one thing, they don't even know where the guy is and the guy was never part of the child's life. If they do ask, what can they do?

Edited by jorge_and_rose

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Typically, in most jurisdictions, a child born without being acknowledged by the father to a single mother, the mother is considered to have sole custody.

The only instances where there may be an issue is if the mother was married at the time the child was born or conceived. This is because usually the husband of the mother is considered to be the legal father of a child.

Therefore, as long as she wasn't married at the time of birth or conception to anyone (which I assume she wasn't) and there is no father listed on the BC of the child, then she will have no issue getting a visa for her son and exiting the country.

Now keep in mind that some jurisdictions require that a mother obtain an order of sole custody even when there is no father in the BC, but I'm pretty sure the Philippines consider the omission of the father on the BC to be evidence of sole custody.


This does not constitute legal advice.

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Same case with us. No need to worry. During the interview, just make sure to tell the one reviewing the civil documents that your friend is the step-father and not the biological father (if asked).

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