K 2 question

[mighty836 87]

I had a question  to answer or at least point me in the right direction.

My wife came over on a K1 visa Sept 2017 from the Philippines, we were married in Oct and filed AOS Dec 2017. 

She has an 9 yr old daughter that was included in our K1 application, to bring her here all we need to do is Medical and interview ( We have until Aug 2018 ) the question is the daughters birth certificate has the fathers name on it, they were never married, does she need his written permission to take her daughter to the USA???? Any help would be appreciated

P.S. my wife has not seen or heard from him since the child was 1 yr old.

[payxibka 10,048]

1 minute ago, mighty836 said:

I had a question  to answer or at least point me in the right direction.

My wife came over on a K1 visa Sept 2017 from the Philippines, we were married in Oct and filed AOS Dec 2017. 

She has an 9 yr old daughter that was included in our K1 application, to bring her here all we need to do is Medical and interview ( We have until Aug 2018 ) the question is the daughters birth certificate has the fathers name on it, they were never married, does she need his written permission to take her daughter to the USA???? Any help would be appreciated

P.S. my wife has not seen or heard from him since the child was 1 yr old.

Was the child born out of wedlock?

 

Best if you post PI specific questions in the PI regional forum rather than the general forum for the correct PI answers

[mighty836 87]

5 minutes ago, payxibka said:

Was the child born out of wedlock?

 

Best if you post PI specific questions in the PI regional forum rather than the general forum for the correct PI answers

yes she was and i tagged the Philippines on the thread so it should show up there, hopefully

[payxibka 10,048]

1 minute ago, mighty836 said:

yes she was and i tagged the Philippines on the thread so it should show up there, hopefully

A child out of wedlock for the PI does not need permission from the father

 

It will hopefully be moved by the moderators

Edited February 10, 2018 by payxibka

[mighty836 87]

1 minute ago, payxibka said:

A child out of wedlock for the PI does not need permission from the father

 

It will hopefully be moved by the moderators

his name is on the birth certificate though but they were never married

[payxibka 10,048]

Just now, mighty836 said:

his name is on the birth certificate though but they were never married

Yes, but PI has specific laws.  The mother is granted full legal custody when born out of wedlock

[JFH 12,195]

For children born to unmarried mothers in the Philippines the mother automatically has sole custody. 

 

I'll move this to the Philippines sub-forum also, as it is country-specific. 

[Hank_ 9,174]

2 hours ago, mighty836 said:

I had a question  to answer or at least point me in the right direction.

My wife came over on a K1 visa Sept 2017 from the Philippines, we were married in Oct and filed AOS Dec 2017. 

She has an 9 yr old daughter that was included in our K1 application, to bring her here all we need to do is Medical and interview ( We have until Aug 2018 ) the question is the daughters birth certificate has the fathers name on it, they were never married, does she need his written permission to take her daughter to the USA???? Any help would be appreciated

P.S. my wife has not seen or heard from him since the child was 1 yr old.

Were they married?   No.  

 

The mother has SOLE custody of the child.  - that is the law in the Philippines.  You need NOTHING from the father.

 

Do remember the wording for FOLLOW TO JOIN is the K-2 visa must be ISSUED within a year of when the K-1 visa was issued, so start early enough to complete this process within the one year.

Edited February 10, 2018 by Hank_

[mighty836 87]

2 hours ago, Hank_ said:

Were they married?   No.  

 

The mother has SOLE custody of the child.  - that is the law in the Philippines.  You need NOTHING from the father.

 

Do remember the wording for FOLLOW TO JOIN is the K-2 visa must be ISSUED within a year of when the K-1 visa was issued, so start early enough to complete this process within the one year.

Thanks for the reply, I do know we have 1 year, so we should be getting her AP within the next 30 days, so really all that left to do for her daughter is set up a medical appointment and schedule an interview correct? If there is anything im missing please let us know.

[Hank_ 9,174]

3 minutes ago, mighty836 said:

Thanks for the reply, I do know we have 1 year, so we should be getting her AP within the next 30 days, so really all that left to do for her daughter is set up a medical appointment and schedule an interview correct? If there is anything im missing please let us know.

I was just clarifying that the one year is issued date to issued date (which is shown on the visa in the passport) .. some are not aware on the exact date.  It sounds like you have everything well in hand and will be done easily.  All the best with the process.

 

Did you pay the visa fee?   

 

Process is the same as with the K-1, with only a few things age related.   

http://www.visaconnection-philippines.com/k-1-visa-application.html

 

And of course don't forget the CFO sticker.  Because of age, attending counseling is not required.