MOTHER OF MY ILLEGITIMATE CHILD IS ALREADY DEAD...WHAT WILL BE REQUIRED OF ME?

[MAGTATANONG POE 1]

i'm beneficiary of an approved k-1 visa.  

while waiting for my gc (it's been a year and half already since),

my USC spouse petitioned my acknowledged daughter from a past affair; her mother's dead already.

the I-130 was quickly approved.  

i flew back to the phils to secure her a passport and a travel clearance (she's a minor, below 7 yrs old).  

updated all our birth certs and death cert of my deceased lover.  

got an spa from the ex's parents.  all done.

awaiting now for my minor child's set date of USE MNL presentation/interview.

question is from the perspective of a solo parent/father 

will i be asked a court order to legitimize my relationship to my daughter since her mother's deceased already?

is it gonna be a petition to adopt (even if i have an acknowledgement of paternity at the back of her bc)?

or is it gonna be a petition for full legal custody?

or nothing will be asked of me during the interview date.

i just wanna be prepared because court cases like the above take time.

 

 

[zilchfox 296]

This doesn't sound like a DIY situation, you might want to consult a lawyer. 

[Sagot 1,548]

2 hours ago, MAGTATANONG POE said:

i'm beneficiary of an approved k-1 visa.  

while waiting for my gc (it's been a year and half already since),

my USC spouse petitioned my acknowledged daughter from a past affair; her mother's dead already.

the I-130 was quickly approved.  

i flew back to the phils to secure her a passport and a travel clearance (she's a minor, below 7 yrs old).  

updated all our birth certs and death cert of my deceased lover.  

got an spa from the ex's parents.  all done.

awaiting now for my minor child's set date of USE MNL presentation/interview.

question is from the perspective of a solo parent/father 

will i be asked a court order to legitimize my relationship to my daughter since her mother's deceased already?

is it gonna be a petition to adopt (even if i have an acknowledgement of paternity at the back of her bc)?

or is it gonna be a petition for full legal custody?

or nothing will be asked of me during the interview date.

i just wanna be prepared because court cases like the above take time.

 

 

I agree, you should consulate an attorney

 

You are listed on the (back) birth certificate.. still not sure that would cut the mustard.

[AKteacher 103]

13 hours ago, MAGTATANONG POE said:

i'm beneficiary of an approved k-1 visa.  

while waiting for my gc (it's been a year and half already since),

my USC spouse petitioned my acknowledged daughter from a past affair; her mother's dead already.

the I-130 was quickly approved.  

i flew back to the phils to secure her a passport and a travel clearance (she's a minor, below 7 yrs old).  

updated all our birth certs and death cert of my deceased lover.  

got an spa from the ex's parents.  all done.

awaiting now for my minor child's set date of USE MNL presentation/interview.

question is from the perspective of a solo parent/father 

will i be asked a court order to legitimize my relationship to my daughter since her mother's deceased already?

is it gonna be a petition to adopt (even if i have an acknowledgement of paternity at the back of her bc)?

or is it gonna be a petition for full legal custody?

or nothing will be asked of me during the interview date.

i just wanna be prepared because court cases like the above take time.

 

 

USEM will likely require a DNA test. If the result is positive and you can prove the mother is dead, then USEM might accept that, or they might require a custody order from a Philippines court. The court process could take awhile but you might not need an attorney if you can appear yourself.

[SennaBrigante 92]

On 3/20/2017 at 10:55 PM, AKteacher said:

USEM will likely require a DNA test. If the result is positive and you can prove the mother is dead, then USEM might accept that, or they might require a custody order from a Philippines court. The court process could take awhile but you might not need an attorney if you can appear yourself.

I don't think USEM requires DNA tests for visa applicants, just for CRBA. 

 

Are you on the birth certificate as the father? Here's an article about legitimation without a court order http://www.manilatimes.net/illegitimate-child-can-become-legitimate-without-court-order/146909/. You may need to file a petition to adopt. 

[Sagot 1,548]

22 minutes ago, SennaBrigante said:

I don't think USEM requires DNA tests for visa applicants, just for CRBA. 

 

Are you on the birth certificate as the father? Here's an article about legitimation without a court order http://www.manilatimes.net/illegitimate-child-can-become-legitimate-without-court-order/146909/. You may need to file a petition to adopt. 

Yes USEM does ask for DNA testing for other than CRBA, I know of a case not too long ago where the mother and daughter had to complete DNA testing.

[AKteacher 103]

6 hours ago, SennaBrigante said:

I don't think USEM requires DNA tests for visa applicants, just for CRBA. 

 

Are you on the birth certificate as the father? Here's an article about legitimation without a court order http://www.manilatimes.net/illegitimate-child-can-become-legitimate-without-court-order/146909/. You may need to file a petition to adopt. 

There is no way to know what the US Consular Officer (CO) will ask for. The CO can request a DNA test to prove paternity, and they might do so in order to prove that you are actually the father. There have been many cases where somebody wants to take some kid (a cousin, niece/nephew, or whomever) and they just say it's their child. Of course I'm not saying this is true in your case, but it does happen and USEM may want to make sure there is a genuine parent-child relationship. A DNA test is fairly quick (less than a month, costs about $800), while a court order can take many months, possibly years, or it could be faster; there's no way to know for sure and it would depend on the particular circumstances of your case as well as other variables. I've gone through both processes myself recently in Manila.

 

First, go to the interview and find out what the CO wants. There's a chance you will get approved with the documentation you already have. If not, then you will know what you have to do. Also, make sure to apply for a Philippines passport for the child as soon as possible if you have not already done so.

[SennaBrigante 92]

18 hours ago, Sagot said:

Yes USEM does ask for DNA testing for other than CRBA, I know of a case not too long ago where the mother and daughter had to complete DNA testing.

For a visa? That's my first time hearing it

[Unlockable 7,309]

DNA testing happens more than you would think. We have seen plenty cases here. I remember a case where this guy petitioned his wife and 4 children and the results came back that 2 were not his. If I came come across that thread I will share.

 

Usually DNA is requested when a child is not mentioned previously but now wants to be included in migrating.

Edited March 23, 2017 by NuestraUnion

[Sagot 1,548]

6 hours ago, SennaBrigante said:

For a visa? That's my first time hearing it

Yes I know of a case a couple years ago, involved a mother and daughter, embassy had doubts about the girl being a daughter.  DNA testing was requested... Results?   They be smiling and in the USA today.

 

The couple still pops on her from time to time.

[MAGTATANONG POE 1]

On 3/22/2017 at 4:38 PM, SennaBrigante said:

I don't think USEM requires DNA tests for visa applicants, just for CRBA. 

 

Are you on the birth certificate as the father? Here's an article about legitimation without a court order http://www.manilatimes.net/illegitimate-child-can-become-legitimate-without-court-order/146909/. You may need to file a petition to adopt. 

tnx for your thot on this.  it was a relief, realizing that a dna test is expensive.  anyways im thinking of pushing the "petition to adopt" route when i visit again for the holy week.

[MAGTATANONG POE 1]

On 3/22/2017 at 11:53 PM, AKteacher said:

There is no way to know what the US Consular Officer (CO) will ask for. The CO can request a DNA test to prove paternity, and they might do so in order to prove that you are actually the father. There have been many cases where somebody wants to take some kid (a cousin, niece/nephew, or whomever) and they just say it's their child. Of course I'm not saying this is true in your case, but it does happen and USEM may want to make sure there is a genuine parent-child relationship. A DNA test is fairly quick (less than a month, costs about $800), while a court order can take many months, possibly years, or it could be faster; there's no way to know for sure and it would depend on the particular circumstances of your case as well as other variables. I've gone through both processes myself recently in Manila.

 

First, go to the interview and find out what the CO wants. There's a chance you will get approved with the documentation you already have. If not, then you will know what you have to do. Also, make sure to apply for a Philippines passport for the child as soon as possible if you have not already done so.

true. tnx for the thot too. thats what i'll do go to the interview with my daughter and present again the initial docus we submitted here in the u.s. and at the same time have handy the s.p.a.my ex-lover's parents executed acknowledging i'm the father of their grandchild and that they give me authority to bring my daughter to the u.s.  but at the same time have the "petition to dopt" process moving and bring the acknowledgement i filed it in court.

[MAGTATANONG POE 1]

On 3/23/2017 at 0:09 PM, NuestraUnion said:

DNA testing happens more than you would think. We have seen plenty cases here. I remember a case where this guy petitioned his wife and 4 children and the results came back that 2 were not his. If I came come across that thread I will share.

 

Usually DNA is requested when a child is not mentioned previously but now wants to be included in migrating.

i've placed her in my I-485.

[Sagot 1,548]

12 hours ago, MAGTATANONG POE said:

tnx for your thot on this.  it was a relief, realizing that a dna test is expensive.  anyways im thinking of pushing the "petition to adopt" route when i visit again for the holy week.

With adoption USEM requirements state something of the nature that you must have possession/control of the child for 2 years before they will consider approval.

 

You may better to stay with the visa route until you know otherwise.