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K2 visa illegitimate Child fathers consent needed by US Consulate?

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Filed: K-1 Visa Country: Philippines
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Hello, My fiancé has two illegitimate children with her ex boyfriend.. The children have the fathers sur name but they were never married.. I don't think there will be any trouble getting the children's passports because we can prove they were never married.. The question is will the US Consulate or US immigration and customs require a letter from the father giving permission for the child to travel, in order to get the K2 visa and then not have any issues once it's time to actually enter the US?

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Filed: K-1 Visa Country: Philippines
Timeline

I have the same situation but i only have one kid and he is minor (7) I am not married to his father and he neglected his son when hes about 1 years old . What did i do is i went to Department of social welfare and consult about my kid situation . I was told that he is not required to have a clearance to travel since i am the mother and according to the law a child age 7 years under should be on the custody of the mother. but i was also told to get a solo id parent just for compliance upon entering the US. Also my friend has the same situation and had no problem bringing his daughter to Us.

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Filed: K-1 Visa Country: Philippines
Timeline

Thank you.. I was also on the trail of the solo parent approach.. Both children are under 7 years old one is 5 and the other is 8months.. The father has had nothing to do with ether if them and offers no kind of support for the children and is currently a drug user.. He is aware of your engagement but we have not asked yet for a letter of permission as my fiancé dosnt think he will sign it..

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The mother always has custody of the child. You can leave with your child with no problems. I had two K2's and they left with their mother and had no problems. BTW it's the law that you have custody.

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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Filed: K-1 Visa Country: Philippines
Timeline

That's what I understand from what I have read also.. But my fiancé sister swears that because the children have the fathers name and he accepted paternity on the back of the birth certificate that the US Consulate will not allow the children to enter the US with out a notarized consent from the father or a court order.. And that this is a US embassy rule and not a Philippine rule.. No matter what I will keep doing what ever it takes to work this through..

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Filed: Citizen (apr) Country: Hungary
Timeline

No, unwed mothers have automatic sole custody in the Philippines. The US Embassy does not require anything extra.

Entry on VWP to visit then-boyfriend 06/13/2011

Married 06/24/2011

Our first son was born 10/31/2012, our daughter was born 06/30/2014, our second son was born 06/20/2017

AOS Timeline

AOS package mailed 09/06/2011 (Chicago Lockbox)

AOS package signed for by R Mercado 09/07/2011

Priority date for I-485&I-130 09/08/2011

Biometrics done 10/03/2011

Interview letter received 11/18/2011

INTERVIEW DATE!!!! 12/20/2011

Approval e-mail 12/21/2011

Card production e-mail 12/27/2011

GREEN CARD ARRIVED 12/31/2011

Resident since 12/21/2011

ROC Timeline

ROC package mailed to VSC 11/22/2013

NOA1 date 11/26/2013

Biometrics date 12/26/2013

Transfer notice to CSC 03/14/2014

Change of address 03/27/2014

Card production ordered 04/30/2014

10-YEAR GREEN CARD ARRIVED 05/06/2014

N-400 Timeline

N-400 package mailed 09/30/2014

N-400 package delivered 10/01/2014

NOA1 date 10/20/2014

Biometrics date 11/14/2014

Early walk-in biometrics 11/12/2014

In-line for interview 11/23/2014

Interview letter 03/18/2015

Interview date 04/17/2015 ("Decision cannot yet be made.")

In-line for oath scheduling 05/04/2015

Oath ceremony letter dated 05/11/2015

Oath ceremony 06/02/2015

I am a United States citizen!

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Filed: K-1 Visa Country: Philippines
Timeline

ill advise you just to to tell your fiance to go to the department of social welfare to consult . But as far i was told the signature at the back won't put the kids on hold to enter US or any foreign country as long they are with their mother.

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Filed: Other Country: Philippines
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Hello, My fiancé has two illegitimate children with her ex boyfriend.. The children have the fathers sur name but they were never married.. I don't think there will be any trouble getting the children's passports because we can prove they were never married.. The question is will the US Consulate or US immigration and customs require a letter from the father giving permission for the child to travel, in order to get the K2 visa and then not have any issues once it's time to actually enter the US?

In the Philippines the mother has sole custody if the children, nothing is needed from the father.

As long as you listed the children on the I-129F you will have not issues with visa process at USEM or traveling to the USA.

Visa chase and citizenship.. DONE!

 

For helpful information  gif animation     CLICK HERE!

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Filed: K-1 Visa Country: Philippines
Timeline

So according to the US Embassy.. since the father is on the birth certificate we will need to get a court order for sole custody :( does anyone have any experience in this?

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Filed: Other Country: Philippines
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So according to the US Embassy.. since the father is on the birth certificate we will need to get a court order for sole custody :( does anyone have any experience in this?

No... embassy doesn't require anything, not sure who you were talking to. I know of hundreds that have gotten visas with K-2 some with no father listed, some with father listed on the BC and nothing was requested by the embassy.

As mentioned you get a sole custody ID, this is done at any DSWD office, but it is not necessary.

http://www.dswd.gov.ph/faqs/how-to-secure-solo-parent-i-d/

Visa chase and citizenship.. DONE!

 

For helpful information  gif animation     CLICK HERE!

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This doesn't make a difference, since the Philippines gives the mom sole custody for illegitimate children. I'm curious if the birth father has any relationship with the children. I only ask, because as a father I would hate to lose out on my children's life.

This is typical of the "men" in the Philippines. Happens all the time. My step son never met is father and his father has never tried to contact him. He just abanded him. He does speak 1 or 2 times a year to his older sister but never to him.

So don't cry for me Argentina.

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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Filed: K-1 Visa Country: Philippines
Timeline

No the father left after the first child.. Then came back two years later saying he changed and was not on drugs any more... Being that my fiancé wanted the father in the picture she took him back.. Soon he was back to his old ways gambling drinking and doing drugs.. He even spent the money for the birth of the second child on drugs then stole her brothers watch to sell it to pay for the birth.. And mind you he never really interacted with his first child.. My fiancé couldn't even get a job because she couldn't trust him with the kids.. She then caught him for the last time doing shabu and told him to leave.. The infant was 1mo old at that time.. He since hasn't given any support and has not attempted to see the children..

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  • 2 weeks later...

Thank you for being so forthright with your history and the steps you have taken to clear this up for others.

Keep us posted on your next steps and the outcome.

Stay positive. You'll get there but just on the road less traveled by others.

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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We had no problem getting a passport for my fiances illegitimate child even he has fathers last name on birth certificate, I hope we don't have a similar problem as her interview is the 13th

 

 

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