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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!

 

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Posted (edited)

self-deleted

Edited by Going through

Applied for Naturalization based on 5-year Residency - 96 Days To Complete Citizenship!

July 14, 2017 (Day 00) -  Submitted N400 Application, filed online

July 21, 2017 (Day 07) -  NOA Receipt received in the mail

July 22, 2017 (Day 08) - Biometrics appointment scheduled online, letter mailed out

July 25, 2017 (Day 11) - Biometrics PDF posted online

July 28, 2017 (Day 14) - Biometrics letter received in the mail, appointment for 08/08/17

Aug 08, 2017 (Day 24) - Biometrics (fingerprinting) completed

Aug 14, 2017 (Day 30) - Online EGOV status shows "Interview Scheduled, will mail appointment letter"

Aug 16, 2017 (Day 32) - Online MYUSCIS status shows "Interview Scheduled, read the letter we mailed you..."

Aug 17, 2017 (Day 33) - Interview Appointment Letter PDF posted online---GOT AN INTERVIEW DATE!!!

Aug 21, 2017 (Day 37) - Interview Appointment Letter received in the mail, appointment for 09/27/17

Sep. 27, 2017 (Day 74) - Naturalization Interview--- read my experience here

Sep. 27, 2017 (Day 74) - Online MYUSCIS status shows "Oath Ceremony Notice mailed"

Sep. 28, 2017 (Day 75) - Oath Ceremony Letter PDF posted online--Ceremony for 10/19/17

Oct. 02, 2017 (Day 79) -  Oath Ceremony Letter received in the mail

Oct. 19, 2017 (Day 96) -  Oath Ceremony-- read my experience here

 

 

 

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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.

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Posted (edited)
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 by Hank_

Hank

"Chance Favors The Prepared Mind"

 

      HandArrow.gif.adeb854ba620933849ae921ca0b44a0c.gif  Link to the Visa Process for Manila Embassy once you have your NOA2 : Click Here

 

Contact Hank: HERE

K-1 visa approved 21 March 2012

...Citizenship... complete!

 

 

 

 

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Posted (edited)
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 by Greenbaum

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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