Jump to content
Sign in to follow this  
JimS

Is Baby of I-129F automatic derivative beneficiary?

17 posts in this topic

Recommended Posts

Filed: K-1 Visa Country: Philippines
Timeline

Hello:

We filed a fiancee visa back in August to bring my girl friend to whom I'm engaged to the U.S.

In the packet mailed to USCIS lock box in Dallas, was included the birth certificate of her chile who is 2 years, 5 months old. Also included a G-325A for the child.

The whereabouts of the father are unknown.

The child's name is included on the I-129F application.

I know that Philippines requires a letter from a judge cerifiying the custodial parent has full custody and the non-resident father is not in residence.

Is the child automatically included in the I-129F visa application as a derivative beneficiary? What must be done to included the child to accompany her mother to the U.S. when the visa is granted?

Thanks for any information you can provide!

Jim Sassman

Share this post


Link to post
Share on other sites
Filed: K-1 Visa Country: Philippines
Timeline

As long as you listed the child in the I-129f it will be automatically be as beneficiary (K2).


AOS Journey:

March 30 - AOS/EAD/AP sent

April 2 - USCIS received

April 9 - NOA1

May 6 - Biometrics

May 7 - Case is ready for interview

May 21 - Request for EAD expedite

May 26 - contact congressman for EAD expedite

June 1 - EAD card in production

June 2 - EAD approved

June 6 - EAD/AP combo card received

Share this post


Link to post
Share on other sites
Filed: K-1 Visa Country: Philippines
Timeline

As long as you listed the child in the I-129f it will be automatically be as beneficiary (K2).

Thank you so much for your quick answer! I'm very excited to see this reply! We have followed all the instructions, as far as I know, to submit the I-129F application. We were just not sure where to find the answer to this question.

Again, thanks so much!

Jim

Share this post


Link to post
Share on other sites
Filed: K-1 Visa Country: Philippines
Timeline

You are welcome. I also put my son on the I-129f and he is now eligible for K2. No need for father's consent as well as long as they were not married.


AOS Journey:

March 30 - AOS/EAD/AP sent

April 2 - USCIS received

April 9 - NOA1

May 6 - Biometrics

May 7 - Case is ready for interview

May 21 - Request for EAD expedite

May 26 - contact congressman for EAD expedite

June 1 - EAD card in production

June 2 - EAD approved

June 6 - EAD/AP combo card received

Share this post


Link to post
Share on other sites
Filed: Lift. Cond. (apr) Country: China
Timeline

Moved from What Visa Do I Need - Family Based Immigration forum to K1 Process & Procedures.


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
September 7, 2011: Paid AOS bill (payment portal showed PAID on September 9, 2011)
September 8, 2011: OPTIN email accepted, GZO number assigned
September 10, 2011: Emailed AOS package
September 12, 2011: IV bill invoiced
September 13, 2011: Paid IV bill (payment portal showed PAID on September 14, 2011)
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*

 

Share this post


Link to post
Share on other sites
Filed: AOS (pnd) Country: Philippines
Timeline

In accordance with Philippines law, a father who has never married the mother and who abandoned the child has zero rights in the child. You do not need anything from him to bring the child to the US.

Share this post


Link to post
Share on other sites

You still need to pay for a k2 visa and have the child attend the interview with their mother.


You have brains in your head. You have feet in your shoes. You can steer yourself any direction you choose.  - Dr. Seuss

 

Share this post


Link to post
Share on other sites
Filed: K-1 Visa Country: Philippines
Timeline

You still need to pay for a k2 visa and have the child attend the interview with their mother.

What is the process for paying the K2 visa fee? Will this be billed by NVC after the application is approved or is it paid as part of the fees assessed by the U.S. Embassy in the Philippines?

Thanks for your help!

Jim

Share this post


Link to post
Share on other sites
Filed: Country: Mexico
Timeline

You did not need to send the birth certificate or a G-325A form for the child. It only needed to be listed on the I-129F petition.

You will apply for the K-2 visa for the child at the same time as the K-1 visa for the mother(unless they are a follow-to-join). You will need to fill out the same forms for the K-2 and pay the same visa processing fee as you do for the K-1. They will also require a medical.

This goes through the consulate in Manila. Here are the instructions for your consulate >http://photos.state.gov/libraries/manila/1178798/29DEC2014/K1%20and%20K2%20Interview%20Preparation%20Instructions%20-%20English%20_updated%2029%20DEC%202014_.pdf


Link to K-1 instructions for Ciudad Juarez, Mexico > http://travel.state.gov/content/dam/visas/K1/CDJ%20-%20Ciudad%20Juarez.pdf

Share this post


Link to post
Share on other sites
Filed: K-1 Visa Country: Philippines
Timeline

In accordance with Philippines law, a father who has never married the mother and who abandoned the child has zero rights in the child. You do not need anything from him to bring the child to the US.

Some place I read that a beneficiary needs a judge's statement that the child is free to leave the Philippines and is in complete custody of the mother since the father is unknown or not listed on the birth certificate.

This evidence in the form of a statement signed by a judge is necessary to pass through immigration to leave the Philippines--according to what I've read in another place on Visajourney.com.

Thanks for any information you can provide.

Jim

Share this post


Link to post
Share on other sites
Filed: AOS (apr) Country: Russia
Timeline

As long as you listed the child in the I-129f it will be automatically be as beneficiary (K2).

No......not exactly. ALL children are listed on the 129 form, regardless of immigration intent. A separate 325a form for the child was not required.

You will list any children that you wish to have a K-2 visa on the DS-160 (or 260?) form that you fill out online before the interview.


Phil (Lockport, near Chicago) and Alla (Lobnya, near Moscow)

As of Dec 7, 2009, now Zero miles apart (literally)!

Share this post


Link to post
Share on other sites
Filed: F-2A Visa Country: Philippines
Timeline

Some place I read that a beneficiary needs a judge's statement that the child is free to leave the Philippines and is in complete custody of the mother since the father is unknown or not listed on the birth certificate.

This evidence in the form of a statement signed by a judge is necessary to pass through immigration to leave the Philippines--according to what I've read in another place on Visajourney.com.

Thanks for any information you can provide.

Jim

You are misinformed.

Illegitimate children in the Philippines are in the full and sole custody of the mother even if the father's name is written on the birth certificate or even if the father is "unknown".

For immigration purposes, the US Embassy and Philippine immigration at the airport are fully aware of it, NOTHING is required from the father. The father has ZERO participation in the process. You don't need anything from him.

Share this post


Link to post
Share on other sites
Filed: K-1 Visa Country: Philippines
Timeline

You are misinformed.

Illegitimate children in the Philippines are in the full and sole custody of the mother even if the father's name is written on the birth certificate or even if the father is "unknown".

For immigration purposes, the US Embassy and Philippine immigration at the airport are fully aware of it, NOTHING is required from the father. The father has ZERO participation in the process. You don't need anything from him.

I'm not sure about this? Where is the information that shows what you say to be the case?

If this is not true, there are a lot of misinformed posters to Visajouney.com because that is where the information came from as I said...

Jim

Share this post


Link to post
Share on other sites

Not everyone on VJ has been posting for as long as some others or are as well informed. Because the parental consent is needed in some countries, some people automatically assume it means all countries. But it is not needed for the Philippines as long as the child is illegitimate (the parents were not married.)

I'm unsure if it would be needed if the parents had their marriage annulled however. Perhaps Apple would know that.

Edited by NLR

You have brains in your head. You have feet in your shoes. You can steer yourself any direction you choose.  - Dr. Seuss

 

Share this post


Link to post
Share on other sites
Filed: Country: Mexico
Timeline

I'm not sure about this? Where is the information that shows what you say to be the case?

If this is not true, there are a lot of misinformed posters to Visajouney.com because that is where the information came from as I said...

Jim

http://www.lepitenbojos.com/old/index.php?option=com_content&view=article&id=101:the-mother-has-parental-authority-over-her-illegitimate-child&catid=65:legal-notes


Link to K-1 instructions for Ciudad Juarez, Mexico > http://travel.state.gov/content/dam/visas/K1/CDJ%20-%20Ciudad%20Juarez.pdf

Share this post


Link to post
Share on other sites
 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
Sign in to follow this  
- Back to Top -


Important Disclaimer: Please read carefully the Visajourney.com Terms of Service. If you do not agree to the Terms of Service you should not access or view any page (including this page) on VisaJourney.com. Answers and comments provided on Visajourney.com Forums are general information, and are not intended to substitute for informed professional medical, psychiatric, psychological, tax, legal, investment, accounting, or other professional advice. Visajourney.com does not endorse, and expressly disclaims liability for any product, manufacturer, distributor, service or service provider mentioned or any opinion expressed in answers or comments. VisaJourney.com does not condone immigration fraud in any way, shape or manner. VisaJourney.com recommends that if any member or user knows directly of someone involved in fraudulent or illegal activity, that they report such activity directly to the Department of Homeland Security, Immigration and Customs Enforcement. You can contact ICE via email at Immigration.Reply@dhs.gov or you can telephone ICE at 1-866-347-2423. All reported threads/posts containing reference to immigration fraud or illegal activities will be removed from this board. If you feel that you have found inappropriate content, please let us know by contacting us here with a url link to that content. Thank you.
×
×
  • Create New...