K2 Biological father

[Ruben218 5]

My fiancé based out of Tashkent Uzbekistan has had her 4th interview for K1 since August. We have been on administrative processing since August, but they keep calling back for additional interviews. The last interview was today, October 29. We had a 221 g requesting for a PC from Dubai. We turned it in. Now they are asking for the contact information for the biological father of the K2. Fiancé did not know the whereabouts of the biological father, but was able to locate information through social media. The biological father is not on the birth certificate since he did not acknowledge the child and wanted nothing to do with the baby. Now US Embassy is requesting his contact information to ask for consent for the child (1 year 3 months) to come to the US. Fiancé reached out to him and he said he would consent.

 

my question is...

 

1) what is the process for this?

2) will they have to sign through an attorney? Or do they just contact K2s biological father and speak with him?

3) does the embassy help us out with this or do we have to deal with this on our own?

 

I just wanted some input of someone who has been in a similar situation. 

I am confused here since the father is not on the birth certificate, but they said it was procedure for US law, which I understand, but I would assume they wouldn’t contact him since he is not on the birth certificate. 

 

 

 

 

[payxibka 10,044]

1 hour ago, Ruben218 said:

My fiancé based out of Tashkent Uzbekistan has had her 4th interview for K1 since August. We have been on administrative processing since August, but they keep calling back for additional interviews. The last interview was today, October 29. We had a 221 g requesting for a PC from Dubai. We turned it in. Now they are asking for the contact information for the biological father of the K2. Fiancé did not know the whereabouts of the biological father, but was able to locate information through social media. The biological father is not on the birth certificate since he did not acknowledge the child and wanted nothing to do with the baby. Now US Embassy is requesting his contact information to ask for consent for the child (1 year 3 months) to come to the US. Fiancé reached out to him and he said he would consent.

 

my question is...

 

1) what is the process for this?

2) will they have to sign through an attorney? Or do they just contact K2s biological father and speak with him?

3) does the embassy help us out with this or do we have to deal with this on our own?

 

I just wanted some input of someone who has been in a similar situation. 

I am confused here since the father is not on the birth certificate, but they said it was procedure for US law, which I understand, but I would assume they wouldn’t contact him since he is not on the birth certificate. 

 

 

 

 

We had to get a simple notarized document.   We did it ourselves,  embassy did not assist 

[Ruben218 5]

28 minutes ago, payxibka said:

We had to get a simple notarized document.   We did it ourselves,  embassy did not assist 

Was this between the biological parents? Or the notarized letter didn’t need the biological fathers signature on the letter?

[payxibka 10,044]

1 minute ago, Ruben218 said:

Was this between the biological parents? Or the notarized letter didn’t need the biological fathers signature on the letter?

It was a signed and notarized permission to immigrate by the biological father 

[SalishSea 16,770]

Wow, I have never heard of so many interviews for a K-1. 
 

Is it possible that per local Uzbek law, a biological father retains parental rights, even if not named on the BC?  Was there ever a DNA test?  
 

Sounds as if you may need the help of an attorney.

[Ruben218 5]

10 hours ago, Jorgedig said:

Wow, I have never heard of so many interviews for a K-1. 
 

Is it possible that per local Uzbek law, a biological father retains parental rights, even if not named on the BC?  Was there ever a DNA test?  
 

Sounds as if you may need the help of an attorney.

The CO said it was “US Law” procedure. That’s why I was very puzzled. There was never any DNA test since the father lives in another country different from my fiancé. 

Edited October 30, 2019 by Ruben218

[DaveE 178]

Unless the law has changed since we did it, no biological father permission was required.  Father was not listed on the birth certificate, and it wasn't even brought up during the K1/2 interview in Manila.

[payxibka 10,044]

23 minutes ago, DaveE said:

Unless the law has changed since we did it, no biological father permission was required.  Father was not listed on the birth certificate, and it wasn't even brought up during the K1/2 interview in Manila.

Philippines law is different when it comes to parental rights,  particularly "out of wedlock " births.  In Philippines,  mom is king.  Not the same for a majority of the rest of the world 

[DaveE 178]

On ‎10‎/‎30‎/‎2019 at 2:48 PM, payxibka said:

Philippines law is different when it comes to parental rights,  particularly "out of wedlock " births.  In Philippines,  mom is king.  Not the same for a majority of the rest of the world 

Op stated that the refusal was based on U.S. law. 

[payxibka 10,044]

25 minutes ago, DaveE said:

Op stated that the refusal was based on U.S. law. 

Yes, the policy is that they don't violate local law 

 

 

Edited November 1, 2019 by payxibka

[Hank_ 9,173]

2 hours ago, DaveE said:

Op stated that the refusal was based on U.S. law. 

Ya I caught that too .. sounds like another new CO injecting opinion into the visa process instead of follow the listed procedure and requirement.     There is at least one at the embassy in the Philippines that seems to be related to a "box of rocks"

[Ruben218 5]

Well it now seems like they didn’t even contact the biological father and sent the petition back to USCIS. Looks like a denial 😑😑 I guess now we wait until they tell us what the denial was based on. I don’t understand why they requested the biological fathers information and  didn’t even bother, just sent the petition back. 

[payxibka 10,044]

4 minutes ago, Ruben218 said:

Well it now seems like they didn’t even contact the biological father and sent the petition back to USCIS. Looks like a denial 😑😑 I guess now we wait until they tell us what the denial was based on. I don’t understand why they requested the biological fathers information and  didn’t even bother, just sent the petition back. 

Chances are you will never hear a reason 

[payxibka 10,044]

For a k2 to be issued it requires the standard set of required evidence, the approval of the k1, and for most consulates, permission from the biological father.  

 

For them to send the petition back would be  because of a determination of ineligiblility on the k1 application.  

 

[Ruben218 5]

On 11/1/2019 at 1:07 PM, payxibka said:

For a k2 to be issued it requires the standard set of required evidence, the approval of the k1, and for most consulates, permission from the biological father.  

 

For them to send the petition back would be  because of a determination of ineligiblility on the k1 application.  

 

Yes, I need to figure out why they sent it back. I don’t know, I already went over the entire application to see if maybe we entered something wrong that didn’t match with the interview questions. We are lost and trying to figure this out, but nothing else to do gt Han to wait and see. We will take it from there.