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sweetbabe

Sole Custody in the Philippines

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hello, just want to know if anybody here from the Philippines filed a sole custody for their child. My case is, me and my kids are now a naturalized us citizen but because the child is using their biological dads last name and he is listed on their birth certificate as a father the dept of state gives them a temporary passport valid for 1 year and request me to provide a sole custody court order so the kids can get us passport without restriction. dept of state gives me 3 months to provide documentation and me and the kids will fly to the philippines next month to file a petition for sole custody. their dad sign an affidavit already giving up his right for the kids but Dept of State dont recongnize it because its not a court order. my question is, how long does it take to file sole custody in the PH.I only have 3 months to get it or my kids passport is void.Please share your information.Thanks!

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~~Moved to the Philippines forum, from Effects of Major Changes on Immigration - As this is Country specific and could use the knowledge of those familiar with this.~~


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Met Playing Everquest in 2005
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how to move it to that forum?thanks

I moved it for you. When someone familiar with this they will come by and reply.


Spoiler

Met Playing Everquest in 2005
Engaged 9-15-2006
K-1 & 4 K-2'S
Filed 05-09-07
Interview 03-12-08
Visa received 04-21-08
Entry 05-06-08
Married 06-21-08
AOS X5
Filed 07-08-08
Cards Received01-22-09
Roc X5
Filed 10-17-10
Cards Received02-22-11
Citizenship
Filed 10-17-11
Interview 01-12-12
Oath 06-29-12

Citizenship for older 2 boys

Filed 03/08/2014

NOA/fee waiver 03/19/2014

Biometrics 04/15/14

Interview 05/29/14

In line for Oath 06/20/14

Oath 09/19/2014 We are all done! All USC no more USCIS

 

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I think you should file a Petition in a Phil court. Seek a Fil lawyer for details.

Goodluck! Update me of the result (as I have the same case)

God bless,

ly

i wiil have a lawyer for sure but i just dont know how long is the process as i only have 3 months to gather the documents. i will surely post updates about the sole custody here to help other members that have same issues

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i wiil have a lawyer for sure but i just dont know how long is the process as i only have 3 months to gather the documents. i will surely post updates about the sole custody here to help other members that have same issues

I think the only one that can tell you how long will be the lawyer you hire. I wish you luck. Return back and give us the highlights that way if someone else is searching this topic they'll find your answer.


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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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If the father signed the DS-3053, wouldn't that be enough? Unless the father is nowhere to be found.

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If the father signed the DS-3053, wouldn't that be enough? Unless the father is nowhere to be found.

I dont know about the DS-3053 until this time when passport agency called and ask me for this form or a sole custody court order. Kids biological dad is fugitive right now as he got busted for myth and the family bail him out and send him somewhere to hide so, i dont think i can get him to sign the DS-3053. My chances now is to file a petition for sole custody. its just sucks when kids are us citizen now and cant get a regular passport because of their biological dad is in their birth certificate and needed his signature for their US passport.

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OP, have you tried submitting form DS 5525? I read somewhere here on VJ with similar case like yours.

And i quote,

" The Form DS-5525: Statement of Exigent/Special Family Circumstances is a form that is used if one of the parents or guardians is not available to give consent.

You can submit Form DS-5525: Statement of Exigent/Special Family Circumstances if you are the applying parent and you want to explain why the non-applying parent/guardians consent could not be obtained. The statement will explain in detail the circumstances as to why the non-applying parent or guardian is unavailable.

The Form DS-5525: Statement of Exigent/Special Family Circumstances will also need to state the efforts made to contact the non-applying parent or guardian. Evidence should be given, which may include custody orders, incarceration orders, or a restraining order. These documents will help for the Form DS-5525: Statement of Exigent/Special Family Circumstances to be approved

Best of luck to you. Please let us know any update on your situation.

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I dont know about the DS-3053 until this time when passport agency called and ask me for this form or a sole custody court order. Kids biological dad is fugitive right now as he got busted for myth and the family bail him out and send him somewhere to hide so, i dont think i can get him to sign the DS-3053. My chances now is to file a petition for sole custody. its just sucks when kids are us citizen now and cant get a regular passport because of their biological dad is in their birth certificate and needed his signature for their US passport.

I see. Good luck with the filing though.

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OP, have you tried submitting form DS 5525? I read somewhere here on VJ with similar case like yours.

And i quote,

" The Form DS-5525: Statement of Exigent/Special Family Circumstances is a form that is used if one of the parents or guardians is not available to give consent.

You can submit Form DS-5525: Statement of Exigent/Special Family Circumstances if you are the applying parent and you want to explain why the non-applying parent/guardians consent could not be obtained. The statement will explain in detail the circumstances as to why the non-applying parent or guardian is unavailable.

The Form DS-5525: Statement of Exigent/Special Family Circumstances will also need to state the efforts made to contact the non-applying parent or guardian. Evidence should be given, which may include custody orders, incarceration orders, or a restraining order. These documents will help for the Form DS-5525: Statement of Exigent/Special Family Circumstances to be approved

Best of luck to you. Please let us know any update on your situation.

i will check in to this form and see what i can do. we are leaving on the 8th of next month to do the sole custody petition. i will try to gather everything and anything that can help problem solve. thank you for the info i will keep you all posted.

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