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Question about fiance interview and K2 visa for her child

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Filed: K-1 Visa Country: Philippines
Timeline

I have petitioned for my fiance who resides in the Philippines to obtain a K1 visa and we just received our NOA2 on our I-129 petition. Her child was included on the petition to travel with her to US on K2 visa. The father of my fiance's child is a non-Filipino and she was never married to him. However, the father's name is on the child's birth certificate and in addition the child is using the father's surname. My understanding of Family Law in the Philippines is that she is the custodial parent in this situation and can exercise full parental authority regarding any decisions for the child. From what I have read, the main thing they will look for in the interview is proof that my fiance is really the child's mom since her child's last name is different than hers on their passports. This can be proven by the child's birth certificate which also bears my fiance's name as it exists on her passport.

Here is the potential problem. The child's full name is 4 names. For example: "Mark Anthony Brown Smith". On the petition it is: "Mark Anthony Smith". "Brown" is really the child's middle name but it got dropped in filling out the petition and the second part of the first name is listed as the middle name.

My questions are:

1) Is this going to be a problem during the interview when they compare the child's name on the birth certificate to the petition?

2) Would it be better to be more proactive in trying to get the petition corrected or just wait until my fiance goes in for the interview? The I-134 affidavit of support my fiance will take to the interview will have the child's correct full name.

3) If it would be better to make a correction before the interview, how would we go about doing that now that the petition has been approved and is on the way to NVC?

Can anyone provide any guidance for this situation?

Thanks in advance.

GC


K1 Fiance and K2 Son

USCIS

10/09/2014 -- I129F Sent

10/14/2014 -- I129F Received

10/16/2013 -- I129F NOA1 received from CSC

10/21/2014 -- I129F Alien Registration Number Assigned

11/05/2014 -- I129F NOA2 - Approved by CSC

NVC

11/14/2014 -- I129F Received

11/17/2014 -- NVC Case Number Assigned

11/18/2014 -- Case in-transit to Manila Consulate

Embassy

11/20/2014 -- Case received U.S. Embassy in Manila

01/26/2015 -- Medical Exam

03/05/2015 -- Visa Interview - Approved!!

03/14/2015 -- Visa Received

US Entry

03/38/2015 -- US Port of Entry - Seattle, WA

05/24/2015 -- Marriage

06/20/2016 -- Son Travis Born

 

AOS Wife and Son

USCIS

04/08/2017 -- AOS package (I-485, I-131, I-765) sent Chicago Lockbox

 

 

 

 

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If your petition is at NVC, try calling them to inquire if you can correct it or if you have to wait until the interview.

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Filed: IR-1/CR-1 Visa Country: China
Timeline

the child will fill out a DS-160 for the K-2 visa. the names are captured again.

Edited by Darnell

Sometimes my language usage seems confusing - please feel free to 'read it twice', just in case !
Ya know, you can find the answer to your question with the advanced search tool, when using a PC? Ditch the handphone, come back later on a PC, and try again.

-=-=-=-=-=R E A D ! ! !=-=-=-=-=-

Whoa Nelly ! Want NVC Info? see http://www.visajourney.com/wiki/index.php/NVC_Process

Congratulations on your approval ! We All Applaud your accomplishment with Most Wonderful Kissies !

 

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Filed: K-1 Visa Country: Philippines
Timeline

Thanks for all your replies. I was just concerned about the mismatch on name between birth certificate and petition and that it might open up doors to additional questions and scrutiny.


K1 Fiance and K2 Son

USCIS

10/09/2014 -- I129F Sent

10/14/2014 -- I129F Received

10/16/2013 -- I129F NOA1 received from CSC

10/21/2014 -- I129F Alien Registration Number Assigned

11/05/2014 -- I129F NOA2 - Approved by CSC

NVC

11/14/2014 -- I129F Received

11/17/2014 -- NVC Case Number Assigned

11/18/2014 -- Case in-transit to Manila Consulate

Embassy

11/20/2014 -- Case received U.S. Embassy in Manila

01/26/2015 -- Medical Exam

03/05/2015 -- Visa Interview - Approved!!

03/14/2015 -- Visa Received

US Entry

03/38/2015 -- US Port of Entry - Seattle, WA

05/24/2015 -- Marriage

06/20/2016 -- Son Travis Born

 

AOS Wife and Son

USCIS

04/08/2017 -- AOS package (I-485, I-131, I-765) sent Chicago Lockbox

 

 

 

 

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Filed: Other Country: Philippines
Timeline

I have petitioned for my fiance who resides in the Philippines to obtain a K1 visa and we just received our NOA2 on our I-129 petition. Her child was included on the petition to travel with her to US on K2 visa. The father of my fiance's child is a non-Filipino and she was never married to him. However, the father's name is on the child's birth certificate and in addition the child is using the father's surname. My understanding of Family Law in the Philippines is that she is the custodial parent in this situation and can exercise full parental authority regarding any decisions for the child. From what I have read, the main thing they will look for in the interview is proof that my fiance is really the child's mom since her child's last name is different than hers on their passports. This can be proven by the child's birth certificate which also bears my fiance's name as it exists on her passport.

Here is the potential problem. The child's full name is 4 names. For example: "Mark Anthony Brown Smith". On the petition it is: "Mark Anthony Smith". "Brown" is really the child's middle name but it got dropped in filling out the petition and the second part of the first name is listed as the middle name.

My questions are:

1) Is this going to be a problem during the interview when they compare the child's name on the birth certificate to the petition?

2) Would it be better to be more proactive in trying to get the petition corrected or just wait until my fiance goes in for the interview? The I-134 affidavit of support my fiance will take to the interview will have the child's correct full name.

3) If it would be better to make a correction before the interview, how would we go about doing that now that the petition has been approved and is on the way to NVC?

Can anyone provide any guidance for this situation?

Thanks in advance.

GC

The mother does have sole custody of the child in the Philippines, unless there are documents stating otherwise (which is as rare as hens teeth.)

As for the name, there are only so many characters available in the computer program/forms, as long as you completed the I-129F correctly (Embassy will have the case file from USCIS during the interview). Then make sure all forms are completed correctly for the visa application at the embassy during the interview it would be good to make mention of this, so there are no issues with the visa itself.

Pop over to the Philippines forum and say HI: http://www.visajourney.com/forums/forum/129-philippines/


Hank

"Chance Favors The Prepared Mind"

 

 

HandArrow.gif       Visa Process at USEM for the Philippines;  https://www.visaconnection-philippines.com/us-embassy-usem.html

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Filed: K-1 Visa Country: Ireland
Timeline

No, should be no problem. My son has his father's surname and we were not married. Also I do presume you have researched all avenues of permission to take child. It varies country to country so I don't know how it works but if you haven't just double check everything as if its need and not gotten no k2 will be issued. For example I had to get letter from father stating permission even though I have all rights and sole custody of child, and if I didn't know/have contact with father I would have had to get the courts to give me permission to take child. But as I said different for every country.

Edited by Ana88

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Filed: K-1 Visa Country: Philippines
Timeline

No, should be no problem. My son has his father's surname and we were not married. Also I do presume you have researched all avenues of permission to take child. It varies country to country so I don't know how it works but if you haven't just double check everything as if its need and not gotten no k2 will be issued. For example I had to get letter from father stating permission even though I have all rights and sole custody of child, and if I didn't know/have contact with father I would have had to get the courts to give me permission to take child. But as I said different for every country.

Everything I have read as far as the Family Code of the Philippines is concerned for this situation is that permission is not required from the father for the child to travel out of the country with her. The father has no special arrangement through court documents that would prevent this. The only thing I have found regarding additional scrutiny is when the mother's surname does not match the child's surname which belongs to the father on their passports. They will want additional proof that my fiance really is the mother of the child which is required for the child to travel. The mother is free to travel with the child whereas the father would need permission from the mother to travel with the child. The evidence that links my fiance to her child will be on the child's birth certificate where my fiance's name is listed with her maiden surname.

Edited by gcully

K1 Fiance and K2 Son

USCIS

10/09/2014 -- I129F Sent

10/14/2014 -- I129F Received

10/16/2013 -- I129F NOA1 received from CSC

10/21/2014 -- I129F Alien Registration Number Assigned

11/05/2014 -- I129F NOA2 - Approved by CSC

NVC

11/14/2014 -- I129F Received

11/17/2014 -- NVC Case Number Assigned

11/18/2014 -- Case in-transit to Manila Consulate

Embassy

11/20/2014 -- Case received U.S. Embassy in Manila

01/26/2015 -- Medical Exam

03/05/2015 -- Visa Interview - Approved!!

03/14/2015 -- Visa Received

US Entry

03/38/2015 -- US Port of Entry - Seattle, WA

05/24/2015 -- Marriage

06/20/2016 -- Son Travis Born

 

AOS Wife and Son

USCIS

04/08/2017 -- AOS package (I-485, I-131, I-765) sent Chicago Lockbox

 

 

 

 

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