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

[jg121783 3,907]

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.

[Jose Gtz 0]

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.

[Greenbaum 12,258]

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 May 23, 2015 by Greenbaum

[Hank_ 9,173]

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 May 23, 2015 by Hank_

[Boiler 43,437]

So quite normal, fair enough.

[Pitaya 2,576]

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Edited May 23, 2015 by Pitaya