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What Travel Documents are needed to bring wife's son back here to the US (without her)?(merged)

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Quick background: My fiance (now my wife) immigrated here in Jan. 2019 on a K-1, we got married in March and filed for AOS April 15. We are now waiting on EAD/AP and GC. Her 11 yr old son was listed on all the previous paperwork and we noted that he would be coming here after her (wanted her to get settled here and him to finish his school year there in Philippines). We are now stuck in that waiting period to get her Advance Parole and GC, but we need to get him here before school starts in August. 

 

I am planning on picking him up and bringing him back since the timelines for a GC and even AP are absurd. It's been super hard to find exactly what permission/documantation is needed for me to do this. I know I need a notarized letter w her permission to bring him back, but I really can't find any concrete info on what else is needed. He has a passport and he uses his father's last name. His father's name is on the birth certificate and is still a part of his life albeit a minor one. My wife and her son's dad were never married, but he is married now and is totally ok w/ us bringing his son here to the US. I'm guessing some form of written permission from him would be good to have although maybe not technically necessary. I've read that unwed mothers in the philippines automatically have sole-custody of the child, but again it's always better to err on the side of caution in instances like this.

 

To be very blunt, I guess what I'm really trying to say is this: a white guy taking an 11 yr old Filipino boy through security/customs etc and across country borders always looks a little odd/suspicious (to me and probably a lot of other ppl too) and I don't want there to be any confusion or suspicion as much as I can help it. I just want this to be as smooth of a process as it can be, and need to find out (preferably from someone who has actually done this from Philippines) what documents I need to accomplish this.  Thanks in advance!

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5 minutes ago, n8blogg said:

Quick background: My fiance (now my wife) immigrated here in Jan. 2019 on a K-1, we got married in March and filed for AOS April 15. We are now waiting on EAD/AP and GC. Her 11 yr old son was listed on all the previous paperwork and we noted that he would be coming here after her (wanted her to get settled here and him to finish his school year there in Philippines). We are now stuck in that waiting period to get her Advance Parole and GC, but we need to get him here before school starts in August. 

 

I am planning on picking him up and bringing him back since the timelines for a GC and even AP are absurd. It's been super hard to find exactly what permission/documantation is needed for me to do this. I know I need a notarized letter w her permission to bring him back, but I really can't find any concrete info on what else is needed. He has a passport and he uses his father's last name. His father's name is on the birth certificate and is still a part of his life albeit a minor one. My wife and her son's dad were never married, but he is married now and is totally ok w/ us bringing his son here to the US. I'm guessing some form of written permission from him would be good to have although maybe not technically necessary. I've read that unwed mothers in the philippines automatically have sole-custody of the child, but again it's always better to err on the side of caution in instances like this.

 

To be very blunt, I guess what I'm really trying to say is this: a white guy taking an 11 yr old Filipino boy through security/customs etc and across country borders always looks a little odd/suspicious (to me and probably a lot of other ppl too) and I don't want there to be any confusion or suspicion as much as I can help it. I just want this to be as smooth of a process as it can be, and need to find out (preferably from someone who has actually done this from Philippines) what documents I need to accomplish this.  Thanks in advance!

Might find it beneficial to ask this in the Philippines regional forum 


YMMV

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Does he have the visa yet?


March 2, 2018  Married In Hong Kong

April 30, 2018  Mary moves from the Philippines to Mexico, Husband has MX Permanent Residency

June 13, 2018 Mary receives Mexican Residency Card

June 15, 2018  I-130 DCF Appointment in Juarez  -  June 18, 2018  Approval E-Mail

August 2, 2018 Case Complete At Consulate

September 25, 2018 Interview in CDJ and Approved!

October 7, 2018 In the USA

October 27, 2018 Green Card received 

October 29, 2018 Applied for Social Security Card - November 5, 2018 Social Security Card received

November 6th, 2018 State ID Card Received, Applied for Global Entry - Feb 8,2019 Approved.

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Posted (edited)
13 minutes ago, n8blogg said:

Quick background: My fiance (now my wife) immigrated here in Jan. 2019 on a K-1, we got married in March and filed for AOS April 15. We are now waiting on EAD/AP and GC. Her 11 yr old son was listed on all the previous paperwork and we noted that he would be coming here after her (wanted her to get settled here and him to finish his school year there in Philippines). We are now stuck in that waiting period to get her Advance Parole and GC, but we need to get him here before school starts in August. 

 

I am planning on picking him up and bringing him back since the timelines for a GC and even AP are absurd. It's been super hard to find exactly what permission/documantation is needed for me to do this. I know I need a notarized letter w her permission to bring him back, but I really can't find any concrete info on what else is needed. He has a passport and he uses his father's last name. His father's name is on the birth certificate and is still a part of his life albeit a minor one. My wife and her son's dad were never married, but he is married now and is totally ok w/ us bringing his son here to the US. I'm guessing some form of written permission from him would be good to have although maybe not technically necessary. I've read that unwed mothers in the philippines automatically have sole-custody of the child, but again it's always better to err on the side of caution in instances like this.

 

To be very blunt, I guess what I'm really trying to say is this: a white guy taking an 11 yr old Filipino boy through security/customs etc and across country borders always looks a little odd/suspicious (to me and probably a lot of other ppl too) and I don't want there to be any confusion or suspicion as much as I can help it. I just want this to be as smooth of a process as it can be, and need to find out (preferably from someone who has actually done this from Philippines) what documents I need to accomplish this.  Thanks in advance!

I would think a letter from your wife and having the child's passport with visa inside would be enough. A letter from the father would be a bonus but as you know if they were never married the mother retains all parental rights. You are also probably aware of the law passed within the last two years about minors being with non family member adults. I would make sure that you had the passport/visa and letter from his mother with you at all times as well as a photocopy of her bio page from her passport. I'm sure there will be more knowledgeable members in the PI forum who will comment shortly.

 

If he doesn't have his visa yet you have some work to do) Good Luck...

Edited by boris64

Not a newbie but lost my old info years ago) I have been through this process before --all the way through naturalization-- This site has always been a great help to me. 

 

 

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Posted (edited)

You need a K-2 visa before you can take him anywhere. 

His will have to do musical and interview and all that. 

Contact the embassy and say you are ready to do the K-2 visa and they should guide you from there but you are in a hurry if you need him here by August. 

 

*he will have to do medical 

Edited by Georgia16

K-1 + K-2:                                                                                                                                AOS from K-1 + K-2:

02/02/16....I-129F mailed to Lewisville, TX                                                                       08/25/16....AOS package mailed to Chicago, IL

02/03/16....Delivered at Lewisville, TX                                                                               08/26/16....Delivered at Chicago, IL

02/08/16....NOA1 Text & E-mail. Case sent to CSC                                                         09/01/16....NOA1 Text & E-mail

02/12/16....NOA1 Hard copy received                                                                               09/09/16....NOA1 Hard copy received

03/24/16....NOA2 (45 days)                                                                                                 09/15/16....Bio-letter received for K-1/K-2 for Sep. 26th

03/29/16....NOA2 Hard copy received                                                                               09/19/16....Bio appointment done (Walk-in)

03/31/16....Medical                                                                                                              11/01/16.....EAD/AP approved

05/26/16....Interview                                                                                                            11/16/16.....EAD/AP card received

06/10/16....Visa in hand                                                                                                       03/08/17.....AOS Approved - No interview

06/21/16....POE Atlanta                                                                                                       03/15/17.....Green cards in hand

07/30/16....Wedding                                                                                                    

                                                                                                                                       

 

ROC from K-1 + K-2:

12/08/18....ROC window opens

12/13/18....I-751 mailed to Lewisville, TX

12/14/18....Delivered at Lewisville, TX

12/20/18....Text with case number. TX service center

12/24/18....NOA1/Extension letter received

 

 

 

 

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1 minute ago, Georgia16 said:

His will have to do musical

Gosh I hate auto correct! :)


March 2, 2018  Married In Hong Kong

April 30, 2018  Mary moves from the Philippines to Mexico, Husband has MX Permanent Residency

June 13, 2018 Mary receives Mexican Residency Card

June 15, 2018  I-130 DCF Appointment in Juarez  -  June 18, 2018  Approval E-Mail

August 2, 2018 Case Complete At Consulate

September 25, 2018 Interview in CDJ and Approved!

October 7, 2018 In the USA

October 27, 2018 Green Card received 

October 29, 2018 Applied for Social Security Card - November 5, 2018 Social Security Card received

November 6th, 2018 State ID Card Received, Applied for Global Entry - Feb 8,2019 Approved.

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Just now, Paul & Mary said:

Gosh I hate auto correct! :)

Haha yes!!!


K-1 + K-2:                                                                                                                                AOS from K-1 + K-2:

02/02/16....I-129F mailed to Lewisville, TX                                                                       08/25/16....AOS package mailed to Chicago, IL

02/03/16....Delivered at Lewisville, TX                                                                               08/26/16....Delivered at Chicago, IL

02/08/16....NOA1 Text & E-mail. Case sent to CSC                                                         09/01/16....NOA1 Text & E-mail

02/12/16....NOA1 Hard copy received                                                                               09/09/16....NOA1 Hard copy received

03/24/16....NOA2 (45 days)                                                                                                 09/15/16....Bio-letter received for K-1/K-2 for Sep. 26th

03/29/16....NOA2 Hard copy received                                                                               09/19/16....Bio appointment done (Walk-in)

03/31/16....Medical                                                                                                              11/01/16.....EAD/AP approved

05/26/16....Interview                                                                                                            11/16/16.....EAD/AP card received

06/10/16....Visa in hand                                                                                                       03/08/17.....AOS Approved - No interview

06/21/16....POE Atlanta                                                                                                       03/15/17.....Green cards in hand

07/30/16....Wedding                                                                                                    

                                                                                                                                       

 

ROC from K-1 + K-2:

12/08/18....ROC window opens

12/13/18....I-751 mailed to Lewisville, TX

12/14/18....Delivered at Lewisville, TX

12/20/18....Text with case number. TX service center

12/24/18....NOA1/Extension letter received

 

 

 

 

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Agree with what others have said about contacting the Phil embassy to start his paperwork going. Suggest you ask them for guidance on travel documentation you (non-parent, adult) and the child will need to have to exit the Phils and successfully enter the US, without incident. Another possible source of info about documentation  may be the airline that you intend to use, suspect that they see this situation a lot.

Here is a general DOS link about kids with K2- to follow: https://travel.state.gov/content/travel/en/us-visas/immigrate/family-immigration/nonimmigrant-visa-for-a-fiance-k-1.html#15

 

Good luck on your immigration journey.


Completed: K1/K2 (271 days) - AOS/EAD/AP (134 days) - ROC (279 days)

> Almost 2 years of our lives involved with the USCIS/DOS "shuffle" & worth every second of it ! <

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2 hours ago, payxibka said:

Might find it beneficial to ask this in the Philippines regional forum 

I thought about that, just wasn't sure where would be the best place to ask :). I'll do that as well. Thanks!

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2 hours ago, boris64 said:

I would think a letter from your wife and having the child's passport with visa inside would be enough. A letter from the father would be a bonus but as you know if they were never married the mother retains all parental rights. You are also probably aware of the law passed within the last two years about minors being with non family member adults. I would make sure that you had the passport/visa and letter from his mother with you at all times as well as a photocopy of her bio page from her passport. I'm sure there will be more knowledgeable members in the PI forum who will comment shortly.

 

If he doesn't have his visa yet you have some work to do) Good Luck...

Understood. No visa yet, but we'll get his medical and interview done soon. I'm not worried about that part since we've already gone through it w his mom. Just want to make sure that by the time I go out there, there's not a lot of waiting to do or documentation that needs to be done. Thanks for the help!

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1 minute ago, n8blogg said:

Understood. No visa yet, but we'll get his medical and interview done soon. I'm not worried about that part since we've already gone through it w his mom. Just want to make sure that by the time I go out there, there's not a lot of waiting to do or documentation that needs to be done. Thanks for the help!

You know there is always waiting in the Philippines))) Seriously though, I think any problems you are going to have is when you pass through immigration while leaving at the airport outbound from the Philippines. It might be worth having your wife contact Philippine immigration and ask about your particular situation. 


Not a newbie but lost my old info years ago) I have been through this process before --all the way through naturalization-- This site has always been a great help to me. 

 

 

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29 minutes ago, boris64 said:

You know there is always waiting in the Philippines))) Seriously though, I think any problems you are going to have is when you pass through immigration while leaving at the airport outbound from the Philippines. It might be worth having your wife contact Philippine immigration and ask about your particular situation. 

Ha yeah, NOT waiting is not a thing there. I agree, I'm guessing the immigrations area of the airport will be the sticking point in all of this. Not a bad idea to have her contact immigration there, as with all things in this scenario, better safe than sorry. Thanks for the input!

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3 hours ago, Georgia16 said:

You need a K-2 visa before you can take him anywhere. 

His will have to do musical and interview and all that. 

Contact the embassy and say you are ready to do the K-2 visa and they should guide you from there but you are in a hurry if you need him here by August. 

 

*he will have to do medical 

For sure. I think we're about ready to schedule his medical and interview stuff so we should be good there, but I agree, it sounds like contacting the embassy might be the best course of action. Thanks!

2 hours ago, Pitaya (火龙果) said:

Agree with what others have said about contacting the Phil embassy to start his paperwork going. Suggest you ask them for guidance on travel documentation you (non-parent, adult) and the child will need to have to exit the Phils and successfully enter the US, without incident. Another possible source of info about documentation  may be the airline that you intend to use, suspect that they see this situation a lot.

Here is a general DOS link about kids with K2- to follow: https://travel.state.gov/content/travel/en/us-visas/immigrate/family-immigration/nonimmigrant-visa-for-a-fiance-k-1.html#15

 

Good luck on your immigration journey.

Thank you!!

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Quick background: My fiance (now my wife) immigrated here in Jan. 2019 on a K-1, we got married in March and filed for AOS April 15. We are now waiting on EAD/AP and GC. Her 11 yr old son was listed on all the previous paperwork and was listed as a 'Follow-to-join' (we wanted her to get settled here and him to finish his school year there in Philippines). We are now stuck in that waiting period to get her Advance Parole and GC, but we need to get him here before school starts in August. 

 

I am planning on picking him up and bringing him back since the timelines for a GC and even AP are absurd. It's been super hard to find exactly what permission/documantation is needed for me to do this. I know I need a notarized letter w her permission to bring him back, but I really can't find any concrete info on what else is needed, if anything. He has a passport and he uses his father's last name. His father's name is on the birth certificate and is still a part of his life albeit a minor one. My wife and her son's dad were never married, but he is married now and is totally ok w/ us bringing his son here to the US. I'm guessing some form of written permission from him would be good to have although maybe not technically necessary. I've read that unwed mothers in the philippines automatically have sole-custody of the child, but again it's always better to err on the side of caution in instances like this.

 

To be very blunt, I guess what I'm really trying to say is this: a white guy taking an 11 yr old Filipino boy through Immigration and across country borders always looks a little odd/suspicious (to me and probably a lot of other ppl too) and I don't want there to be any confusion or suspicion as much as I can help it. I just want this to be as smooth of a process as it can be, and need to find out (preferably from someone who has actually done this from Philippines) what documents I need to accomplish this. 

 

ALSO, I know I need to have his K-2 medical and the interview done in Manila just like my wife had to do. From what I've gathered, the next steps I need to take are that I need to fill out a DS-160 and then schedule the medical appt. Is there additional steps I need to take before I can schedule the medical? Do I need to have copies of the I-129F or anything like that? It's been kind of difficult to find any really clear info on this exact situation in VJ, so any links/references are much appreciated. Thanks in Advance!

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