Bringing finances kids over

[Bduck40 15]

Just beginning process of filing to bring fiancé from Philippines. She has two kids, age 10 and 7. Father not seen them since the separated 5 years ago. Allument towards the end waiting for part work to be filed. Your question is does she need anything like permission from father or court to leave the country or enter USA with them besides just filing k2? Hate to go thru everything, pay for everything to be stopped at airport or at the USA to be told the kids can not enter. I cannot find this answer anywhere have even email immigration only to be sent back email process to file k2. What has other done or experience in this situation? Please help as she does not want to leave kids behind

[teeak 224]

Yes, you need a letter/affidavit from the father stating that he is giving his consent for his children to permanently immigrate to the US. There are many threads on this forum stating what should go in the letter/format. This letter should be provided at the interview and also take a copy at the airport.

Here's one thread: http://www.visajourney.com/forums/topic/253399-permission-of-non-custodial-parent-k-1k-2/

[Bduck40 15]

This was a bitter annulment, doubt he will sign even though no child support or visitation. Can her lawyer write a letter a have court sign it?

[Cyberfx1024 7,980]

Do you know if his name is on the birth certificate? If not then don't worry about it, if it is then you have to get his permission. I have heard of people that just literally pay the x off in order to get him to sign the paperwork.

[Bduck40 15]

He's name is on the birth certificate. He had already mentioned for "the right price" he would sign papers. I fount know what that price is. First response is show in court he has had no contact with kids, living with another woman and had kids with her already. I hate paying off deadbeats like this. Just wonder if court order would work just as well. What is the age the kids could come without other parent contest in phillipines?

[Dean_De 61]

Just beginning process of filing to bring fiancé from Philippines. She has two kids, age 10 and 7. Father not seen them since the separated 5 years ago. Allument towards the end waiting for part work to be filed. Your question is does she need anything like permission from father or court to leave the country or enter USA with them besides just filing k2? Hate to go thru everything, pay for everything to be stopped at airport or at the USA to be told the kids can not enter. I cannot find this answer anywhere have even email immigration only to be sent back email process to file k2. What has other done or experience in this situation? Please help as she does not want to leave kids behind

Is the annulment done already? If not, then she should request for a full custody ( through her attorney )

[teeak 224]

Yes, if you can't get him to sign a letter, get her to request sole custody and no visitation rights from the court. Even if she has sole custody, a parent still has rights to visit and see their child so the CO may still request a letter from the father stating that he allows them to immigrate, essentially waiving his visitation rights.

Here's another helpful thread: http://www.visajourney.com/forums/topic/270742-do-i-need-approval-from-bio-father-if-i-have-sole-custody/

[Bduck40 15]

No annulment is not done yet. Started the process about a year ago. He has stayed out of the courtroom until just now. He recently found out about us, now comes to court demanding coustdy. ( his girlfriend called my fiancée saying for the right price he would sign papers ). Both have criminal records (he and his girlfriend ) Judge ordered mediation next..

[teeak 224]

Is it even legal to pay the father to sign the letter/papers? I'd look into this if I were you. In your situation, I think it's best to get the court to give your fiancee sole custody and no contact/visitation rights from the father. Although, this may be hard given that the father is now demanding custody. Hopefully, the court makes the right decision based on the background information you're giving about the father.

If the court grants visitation by the father, then I'm afraid you'll need to get that letter.

[Dean_De 61]

No annulment is not done yet. Started the process about a year ago. He has stayed out of the courtroom until just now. He recently found out about us, now comes to court demanding coustdy. ( his girlfriend called my fiancée saying for the right price he would sign papers ). Both have criminal records (he and his girlfriend ) Judge ordered mediation next..

If it is not done yet then tell your fincee to ask her attorney if they can request the court to grant her full custody.

[Hank_ 9,174]

Just beginning process of filing to bring fiancé from Philippines. She has two kids, age 10 and 7. Father not seen them since the separated 5 years ago. Allument towards the end waiting for part work to be filed. Your question is does she need anything like permission from father or court to leave the country or enter USA with them besides just filing k2? Hate to go thru everything, pay for everything to be stopped at airport or at the USA to be told the kids can not enter. I cannot find this answer anywhere have even email immigration only to be sent back email process to file k2. What has other done or experience in this situation? Please help as she does not want to leave kids behind

In the Philippines the mother has SOLE custody of the children unless there are court documents stating to the contrary. You need NOTHING from the father.

http://www.dswd.gov.ph/

Yes, you need a letter/affidavit from the father stating that he is giving his consent for his children to permanently immigrate to the US. There are many threads on this forum stating what should go in the letter/format. This letter should be provided at the interview and also take a copy at the airport.

Here's one thread: http://www.visajourney.com/forums/topic/253399-permission-of-non-custodial-parent-k-1k-2/

Maybe in your country but not in the Philippines.

Edited September 23, 2015 by Hank_

[MADDEN 40]

You will a signed notarized letter from the father stating that he gives his permission for the children to immigrate to the USA for an indefinite period of time. He will also need to include a copy of his passport and sign it.

This is requested in packet 3.

If you cant get the notarized letter then you need to show a court document stating that you have sole custody of the children.

It makes no difference if the father does not financially support the children or if he has no regular contact, if his name is on the birth cert then you will need either of the 2 options above.

I'm going through the same issue myself, my child's father doesn't even live in the same country as us but the on contacting the embassy they said they still require 1 of the 2 options.

Goodluck

[lala64 93]

Just beginning process of filing to bring fiancé from Philippines. She has two kids, age 10 and 7. Father not seen them since the separated 5 years ago. Allument towards the end waiting for part work to be filed. Your question is does she need anything like permission from father or court to leave the country or enter USA with them besides just filing k2? Hate to go thru everything, pay for everything to be stopped at airport or at the USA to be told the kids can not enter. I cannot find this answer anywhere have even email immigration only to be sent back email process to file k2. What has other done or experience in this situation? Please help as she does not want to leave kids behind

I just went through this and both were just approved. All you need is a letter saying he gives permission for her to take the children to the US. very simple. they will not be stopped at the airport because if the embassy approves your fiancé and children then they will have valid visas to enter so no worries

[Bduck40 15]

Thanks to all that responded. Yes I wonder if a bribe is even legal, but something I learned already is that it seems it is awful common in the phillipines to get things done. It is a shame that this takes place, even with professionals . The ones meant to hold up justice, but it seems a way of life. I hate to do it, like paying off some sort of criminal or being blackmail.

I'm hoping with the the evidence and witness she has, she can win a court order, if that will get her the visa for her kids and get them thru the airport.