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Taking child out of Philippines on K1 visa - Both parents consent required?

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Here is my situation. My girlfriend in the Philippines has a 8 year old son and I want to bring them both to the US on a K1 visa. The father got her pregnant and took off soon after and she hasn't heard from or seen him since. They were never married and the father's name is not on the birth certificate. He has never tried to make any claim whatsoever for custody. I am wondering if she would still have to get his permission to bring her son to the US with her. She doesn't think so but I am not so sure. If she does need his permission the sooner we know this the better so she can try to track him down.


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Here is my situation. My girlfriend in the Philippines has a 8 year old son and I want to bring them both to the US on a K1 visa. The father got her pregnant and took off soon after and she hasn't heard from or seen him since. They were never married and the father's name is not on the birth certificate. He has never tried to make any claim whatsoever for custody. I am wondering if she would still have to get his permission to bring her son to the US with her. She doesn't think so but I am not so sure. If she does need his permission the sooner we know this the better so she can try to track him down.

NO... or at least in my case, father had no say in doing the K1 visa/ K2 visa. The only thing he had to do was be present when my now step sons had to get their Mexican passport. Once he signed for the passport he was not needed. I am now married, and her 2 kids from previous relationship live with me in the USA. The only reason he was needed for the passport was because he was on birth certificate.


K1 VISA TIMELINE:
10/09/2014 - Mailed in I-129F Package
10/13/2014 - Confirmed Delivery per USPS website
10/16/2014 - Recieved NOA1 by mail (Recieved notice).
11/05/2014 - Recieved NOA2 by mail (Approved).
11/11/2014 - NVC Recieved
11/25/2014 - Consulate Recieved (ready to be processed)
12/06/2014 - Completed DS-160 online
01/14/2015 - Medical exam
01/15/2015 - Biometrics/Photos completed (cd Juarez)
01/16/2015 - Interview at Embassy (APPROVED)
01/26/2015 - Recieved Visa at Local DHL.
02/16/2015 - Entered U.S.A
04/11/2015 - Married...
My AOS timeline:
05/01/2015 - Mailed in AOS Package
05/04/2015 - Confirmed Delivery per USPS website
05/13/2015 - Email/Text of receipt Package received
05/16/2015 - Recieved Paper NOA by mail.
05/22/2015 - Recieved Paper NOA2 (Biometrics appointment)
06/02/2015 - Biometrics completed
07/10/2015 - RFE (Email Notification)
07/14/2015 - RFE paper on hand (Need Translated BC)
07/20/2015 - Sent RFE by mail
07/23/2015 - Recieved my Response of RFE
08/13/2015 - AP approved (Email)
08/13/2015 - EAD approved (Email)
08/13/2015 - EAD/AP Combo Card recieved by mail
02/01/2016 - AOS Interview NOA (email)
02/03/2016 - AOS Interview NOA Paper
03/04/2016 - AOS Interview
03/04/2016 - AOS Approved (Approval Email recieved same day)

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Here is my situation. My girlfriend in the Philippines has a 8 year old son and I want to bring them both to the US on a K1 visa. The father got her pregnant and took off soon after and she hasn't heard from or seen him since. They were never married and the father's name is not on the birth certificate. He has never tried to make any claim whatsoever for custody. I am wondering if she would still have to get his permission to bring her son to the US with her. She doesn't think so but I am not so sure. If she does need his permission the sooner we know this the better so she can try to track him down.

You will need a Notarized Affidavit of Support and Consent (NASC) to travel for the child from Mom only. It's a one page document and you can find a Notary nearby the DFA facility that she visits. The DFA agent can direct her. Small fee I think about 400php if I remember correctly. Don't quote me on that number but it's not a lot of money for the USC. :) I have seen some DFA offices don't require the NASC document but when my wife applied for our two she was required to submit the NASC. So it's case by case as usual with the Phil Govt. Anywhooo she can go and apply for his passport with the other required documents and if needed, and like I said, just visit a DFA recommended Notary nearby. It will take 10 minuets tops to get the form. Usually, when you have a Filipino Mom and illegitimate Filipino child, the mother takes custody as the trump card over the father in these matters.

Here is what the official DFA website states:

For Minor Applicants (below 18 years old)

General Requirements:

  • Confirmed appointment (except for 1 year old and below)
  • Personal appearance of the minor applicant
  • Personal appearance of either parent (if minor is a legitimate child) / of mother (if minor is an illegitimate child)
  • Original Birth Certificate of minor in Security Paper issued by NSO or Certified True Copy of Birth Certificate issued by the Local Civil Registrar and duly authenticated by NSO. Transcribed
  • Birth Certificate from the LCR is required when entries in NSO Birth Certificate are blurred or unreadable. Report of Birth duly authenticated by NSO is required if minor was born abroad.
  • Document of identity with photo, if minor is 8-17 years old (for first time and renewal applicant) such as School ID or Form 137 with readable dry seal • For minor applicants who never attended school, a Notarized Affidavit of Explanation executed by either parent (if minor is a legitimate child) / by mother (if minor is an illegitimate child) detailing the reasons why the child is not in school, is required
  • Marriage Certificate of minor’s parents duly authenticated by NSO
  • Notarized Affidavit of Support and Consent to travel from either parent (if minor is a legitimate child) / from mother (if minor is an illegitimate child)
  • Original and photocopy of valid passport of the person traveling with the minor
  • Photocopy of valid passport of either parent (if minor is a legitimate child) / of mother (if minor is an illegitimate child) or identification documents (Please refer to List of Acceptable IDs)

http://www.passport.com.ph/requirements

Edited by Greenbaum

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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Here is my situation. My girlfriend in the Philippines has a 8 year old son and I want to bring them both to the US on a K1 visa. The father got her pregnant and took off soon after and she hasn't heard from or seen him since. They were never married and the father's name is not on the birth certificate. He has never tried to make any claim whatsoever for custody. I am wondering if she would still have to get his permission to bring her son to the US with her. She doesn't think so but I am not so sure. If she does need his permission the sooner we know this the better so she can try to track him down.

In the Philippines the mother has sole custody of the child, unless there are court documents state otherwise.

99.9% of the time the mother needs NOTHING from the father.

Edited by Hank_

Hank

"Chance Favors The Prepared Mind"

 

      HandArrow.gif.adeb854ba620933849ae921ca0b44a0c.gif  Link to the Visa Process for Manila Embassy once you have your NOA2 : Click Here

 

Contact Hank: HERE

K-1 visa approved 21 March 2012

...Citizenship... complete!

 

 

 

 

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So quite normal, fair enough.


“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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~Several off-topic, non-constructive to the topic postings removed~

~Post constructively, or do not post~

~Additional administrative actions will be forthcoming if off-topic postings continue~

Edited by Pitaya

Completed: K1/K2 (271 days) - AOS/EAD/AP (134 days) - ROC (279 days)

> Almost 2 years of our lives involved with the USCIS/DOS "shuffle" & worth every second of it ! <

"Si vis amari, ama" - Seneca

_______________________

:idea: Read more, post less.... Google can be your friend ! :idea:

Prior apologies if I can explain it to you, but I can't understand it for you.

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