K2 Questions

[ksh9256 15]

I think I'm ok from the information I've read here, but really looking for piece of mind.

 

I just started the K1 process for my fiance and her son. She was never married, but her son has his fathers surname on his birth certificate.

 

The father has been out of the picture for years and has had no contact with her or his son.

 

Will the US Consulate ask for any proof that the father has allowed his son to leave? He's 14yo.  I've read that my fiance should have full custody as they were never married, but have read conflicting info as well. I was told she should go to the DSWD. Not sure if that's really necessary?

 

She was able to get a passport for her son already if that matters.

 

Thanks!

 

[Going through 5,668]

self-deleted

Edited May 11, 2019 by Going through

[ecar8 1]

3 years ago, I was in the same situation. My now wife and now son had no problem being approved for K-1/K2 visa and coming to the USA.  The key element is that the birth certificate (BC) can not say that the child's parents were married. If the BC says the child's parents were married, (regardless if they were married), you will need the permission of the parent to take the child out of the country.

 

Adopting my son was another story as we had to track down his biological father...

 

Good Luck.

[Hank_ 9,172]

2 hours ago, ksh9256 said:

I think I'm ok from the information I've read here, but really looking for piece of mind.

 

I just started the K1 process for my fiance and her son. She was never married, but her son has his fathers surname on his birth certificate.

 

The father has been out of the picture for years and has had no contact with her or his son.

 

Will the US Consulate ask for any proof that the father has allowed his son to leave? He's 14yo.  I've read that my fiance should have full custody as they were never married, but have read conflicting info as well. I was told she should go to the DSWD. Not sure if that's really necessary?

 

She was able to get a passport for her son already if that matters.

 

Thanks!

 

This is an extremely common situation .. a non-issue.

 

Mother has sole custody of the child.  

 

Anyway, it is a not issue, the embassy asks for nothing from the father, they know the mother has custody.    Don't need a trip to DSWD.

 

 

Edited May 12, 2019 by Hank_

[Greenbaum 12,258]

2 hours ago, ksh9256 said:

I think I'm ok from the information I've read here, but really looking for piece of mind.

 

I just started the K1 process for my fiance and her son. She was never married, but her son has his fathers surname on his birth certificate.

 

The father has been out of the picture for years and has had no contact with her or his son.

 

Will the US Consulate ask for any proof that the father has allowed his son to leave? He's 14yo.  I've read that my fiance should have full custody as they were never married, but have read conflicting info as well. I was told she should go to the DSWD. Not sure if that's really necessary?

 

She was able to get a passport for her son already if that matters.

 

Thanks!

 

If you have a passport for the son and your fiance is not married to the sons father then Filipino law affords her, as the mother of the child, all rights and privileges to make decision on behalf the child. That includes leaving the country with his mother.

 

Here is a discussion that took place a few years back that will give you additional information.  

 

 

Edited May 12, 2019 by Greenbaum

[ksh9256 15]

Thank you everyone! Definitely a relief.

 

I appreciate all the input.

 

Thanks!