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Miol

K-1 / I-129 (Requirements for K-2)

By Miol in Philippines

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Miol Newbie

Miol   0

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Appreciate anyone who can help. Thank you!

Filipina beneficiary was never married but has a minor son. Son is carrying biological father's family name since he signed on birth certificate when birth was registered. Biological father has no active relationship with the child and he is not in the same country where the child is - unreachable/uncontactable anymore. Do we still need his consent or to sign what specific form?

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SalishSea Grand Master

SalishSea   16,826

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16 minutes ago, Miol said:

Appreciate anyone who can help. Thank you!

Filipina beneficiary was never married but has a minor son. Son is carrying biological father's family name since he signed on birth certificate when birth was registered. Biological father has no active relationship with the child and he is not in the same country where the child is - unreachable/uncontactable anymore. Do we still need his consent or to sign what specific form?

She would need to have either court documents specifying sole custody, or printed info of the Philippine de facto sole maternal custody for unmarried mothers.  If you can print out the boilerplate law on this topic, that should suffice.

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IWander Rising Star

IWander   583

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10 hours ago, SalishSea said:

She would need to have either court documents specifying sole custody, or printed info of the Philippine de facto sole maternal custody for unmarried mothers.  If you can print out the boilerplate law on this topic, that should suffice.

Manila is keenly aware of the Philippines law in regards to an illegitimate child.  

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IWander Rising Star

IWander   583

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10 hours ago, Miol said:

Appreciate anyone who can help. Thank you!

Filipina beneficiary was never married but has a minor son. Son is carrying biological father's family name since he signed on birth certificate when birth was registered. Biological father has no active relationship with the child and he is not in the same country where the child is - unreachable/uncontactable anymore. Do we still need his consent or to sign what specific form?

No additional permission required.  Please ask Philippines specific questions in the Philippines regional forum so as to prevent uninformed replies.

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SalishSea Grand Master

SalishSea   16,826

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Filed: Lift. Cond. (apr) Country: New Zealand
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5 hours ago, IWander said:

Manila is keenly aware of the Philippines law in regards to an illegitimate child.  

To the OP:  I would still print out the law to bring to an interview.

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Ontarkie Grand Master

Ontarkie   13,925

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~~Thread moved to the PI Forum, form K1/K2 Progress Reports- The OP is asking a very Country specific question.~~

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Chancy Grand Master

Chancy   6,233

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Filed: IR-1/CR-1 Visa Country: Philippines
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17 hours ago, Miol said:

Do we still need his consent or to sign what specific form?

 

Nothing required from the biological father.  No consent, no signature, no nothing.  The US embassy in Manila is very familiar with similar family situations.  Don't worry about this.  You don't need to submit any paperwork regarding consent from the father.

 

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SalishSea Grand Master

SalishSea   16,826

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2 hours ago, IWander said:

Do you have specific knowledge or personal experience that would be helpful or are you just guessing 

I am offering a suggestion to OP about printing out local laws (that differ vastly from US laws), just in case the CO is not familiar.  It is just a suggestion, and OP can take it or leave it.

 

Anyone is free to comment on any page here on VJ.

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IWander Rising Star

IWander   583

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1 hour ago, SalishSea said:

I am offering a suggestion to OP about printing out local laws (that differ vastly from US laws), just in case the CO is not familiar.  It is just a suggestion, and OP can take it or leave it.

 

Anyone is free to comment on any page here on VJ.

Never said you couldn't respond but the purpose of VJ is to provide the most accurate answers to questions.  I know you will feel the need to have the last say, so I'm out of here.

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top_secret Proficient

top_secret   2,072

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Filed: Lift. Cond. (pnd) Country: Philippines
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Posted (edited)

General global responses do not apply in this particular case.  Philippine law is unconditional and without the slightest ambiguity that an unmarried mother has absolute sole custody over her child born out of wedlock.  Period.  US Embassy Manila is 100% totally aware of this and abides by Filipino law. As do all Filipino authorities when exiting the country.  She needs nothing whatsoever from the father and everyone knows and accepts that.  It's irrelevant if the father is on the birth certificate or the child has the fathers surname.  The proof of the mothers sole custody is on the child's birth certificate indicating the parents were not married.

Edited by top_secret

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jskibo Community Regular

jskibo   588

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Filed: Citizen (apr) Country: Philippines
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On 11/30/2023 at 11:09 PM, Miol said:

Appreciate anyone who can help. Thank you!

Filipina beneficiary was never married but has a minor son. Son is carrying biological father's family name since he signed on birth certificate when birth was registered. Biological father has no active relationship with the child and he is not in the same country where the child is - unreachable/uncontactable anymore. Do we still need his consent or to sign what specific form?

Same situation but wife had daughter with fathers last name. No marriage and no participation on fathers part. Nothing needed extra at embassy or airport. Zero issues. 

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Miol Newbie

Miol   0

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15 hours ago, jskibo said:

Same situation but wife had daughter with fathers last name. No marriage and no participation on fathers part. Nothing needed extra at embassy or airport. Zero issues. 

Sorry to over align (feeling hopeful here). No need to get the biological father's consent? :)

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Miol Newbie

Miol   0

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18 hours ago, jskibo said:

Same situation but wife had daughter with fathers last name. No marriage and no participation on fathers part. Nothing needed extra at embassy or airport. Zero issues. 

Oh and may I ask if your wife's daughter was able to fly same time with her when K-1 visa was issued (K-1 and K-2 visas issued at the same time)? Or is there a separate process for K-2? We intend for fiance and son to be able to fly together. Thank you!

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