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Philippines: Parental Authority

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My fiancee will be traveling to the US from the Philippines with her daughter soon on approved K1/K2 visas. She is concerned about additional steps that may need to be taken to ensure that her daughter will be allowed to exit the Philippines. I have taken steps to contact an immigration lawyer for an answer. $150 to answer this question seems a little overpriced. I am looking to my fellow VisaJourney-ers for answers now.

The Facts:

1. K1/K2 Visas approved and in-hand

2. CFO Seminar scheduled

3. Father's name IS on child's birth certificate

4. Illegitimate child - CENOMAR obtained

5. Solo Parents ID aquired

6. Father's whereabouts unknown

I understand that there is a Family Code of the Philippines that establishes parental authority to the mother in the case of a child born out of wedlock. Will this be honored by those in authority at customs & immigration? Is there anything else we can do or need to do to prepare? Thanks in advance!

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My fiancee will be traveling to the US from the Philippines with her daughter soon on approved K1/K2 visas. She is concerned about additional steps that may need to be taken to ensure that her daughter will be allowed to exit the Philippines. I have taken steps to contact an immigration lawyer for an answer. $150 to answer this question seems a little overpriced. I am looking to my fellow VisaJourney-ers for answers now.

The Facts:

1. K1/K2 Visas approved and in-hand

2. CFO Seminar scheduled

3. Father's name IS on child's birth certificate

4. Illegitimate child - CENOMAR obtained

5. Solo Parents ID aquired

6. Father's whereabouts unknown

I understand that there is a Family Code of the Philippines that establishes parental authority to the mother in the case of a child born out of wedlock. Will this be honored by those in authority at customs & immigration? Is there anything else we can do or need to do to prepare? Thanks in advance!

1. :thumbs:

2. Children 12 and above need to attend PDOS at CFO. Under this age they only need to be registered at CFO to get the sticker http://visaconnection-philippines.com/index.php/2-visa-process/5-cfo-gcp-seminar

3. No issue.

4. Not needed

5. You can get it but not necessary http://www.dswd.gov.ph/faqs/how-to-secure-solo-parent-i-d/

6. No matter... mother has sole custody.

There are no additional steps required for the K2 child. Mother has sole custody of the child. Burned $150 for nothing. I know of hundreds before you with K2 that are now in the USA..

A solo parent, as defined by RA 8972 is:

  1. A woman who gives birth as a result of rape and other crimes against chastity even without a final conviction of the offender, provided that mother keeps and raises the child.
  1. Parent left solo or alone with the responsibility of parenthood due to the following circumstances:

a. Due to death of spouse.

b. Spouse is detained or is serving sentence for a criminal conviction for at least one (1) year.

c. Physical and/or mental incapacity of spouse as certified by a public medical practitioner.

d. Legal separation or de facto separation from spouse for at least one (1) year, as long as he/she is entrusted with the custody of the children.

e. Declaration of nullity or annulment of marriage as decreed by a court or by a church as long as he/she is entrusted with the custody of the children.

  1. Unmarried mother/father who has preferred to keep and rear her/his child/children instead of having others care for them or give them up to a welfare institution.
  1. Any other person who solely provides parental care and support to a child or children.
  1. Any family member who assumes the responsibility of head of family as a result of the death, abandonment, disappearance or prolonged absence of the parents or solo parent.
Edited by Philippines^Sagot

Visa chase and citizenship.. DONE!

 

For helpful information  gif animation     CLICK HERE!

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My wife and her two children K2's left Philippines with no problems. They'll need absolutely nothing except of course visa, cfo and passport.


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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Wow! Great info! Thanks Philippines^Sagot and Greenbaum for your replies! I forgot to mention that my fiancee's daughter is 2 years old. When you say that she needs to be registered at CFO, does that mean that I need to schedule something for her also? I know she does not need to attend. Will her mother be able to register her when she attends the seminar for herself? Thanks so much!!

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Wow! Great info! Thanks Philippines^Sagot and Greenbaum for your replies! I forgot to mention that my fiancee's daughter is 2 years old. When you say that she needs to be registered at CFO, does that mean that I need to schedule something for her also? I know she does not need to attend. Will her mother be able to register her when she attends the seminar for herself? Thanks so much!!

Yes mom can register her daughter while she is at her seminar. The registration is done when she goes to get the sticker, bring her daughters passport w/visa, child's birth certificate and complete the registration form, and it would be helpful to have a few pictures of mom and daughter together.


Visa chase and citizenship.. DONE!

 

For helpful information  gif animation     CLICK HERE!

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