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Posted

Hello, I'm asking for someone not in the VJ community.

 

Situation: Filipina Mom with US green card from EB3 visa and Philippines passport gave birth in the US. Toddler is US citizen with US passport and Philippines Report of Birth. Filipina Mom wants to travel to the Philippines with Toddler to stay with the Filipina's Mom and Sisters or Toddler's Filipina Grandma Lola and Aunts Ates. Filipina Mom wants to return to the US within 1 month to continue work, but also wants to leave the Toddler in the Philippines with Lola and Ates to take care for extended period of time like from 6 months to 2 years.

 

Question: What documentations should be prepared for the Toddler? Philippines passport?

What are the legal custody documentations to be prepared for Lola and Ates to take care of the Toddler?

They want the proper documentations to avoid any misunderstanding or suspicions of human trafficking, etc.?

Filed: K-1 Visa Country: Wales
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Posted

Fathers approval would be the first thing.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

Posted

If staying for an extended period definitely get the Filipino Passport and enter on that to avoid any confusion.  But the US Passport also exempts the child from many of the laws relating to minors traveling that otherwise apply to Filipino citizen children 

 

Under Philippine law the maternal grandmother has default legal custody of the child if a parent or designated guardian is not immediately available.  If you wanted to go way over the top being over prepared you could do a special power of attorney at a Philippine consulate granting temporary custody and guardianship. But I'd think that would be overkill. In reality I can't imagine any circumstances where anyone would actually question lola caring for a grandchild.  Filipinos don't generally question anything about women caring for children unless something really seems seriously off about the whole situation.

 

Our 12 y/o is currently in the Philippines spending the summer with lola and ates.  She flew there alone and no one even asked a shred of id or anything from us putting her on the plane. Just her passport and fill out this airline form. They are incredibly lackadaisical about the whole custody issue.

Wife and Stepdaughter                                                                            

  • December 17, 2020:  Married in Costa Rica
  • March 08, 2021: Filed l-130s Online
  • March 09, 2021: NOA1
  • April 26, 2021: NOA2, I-130s Approved
  • April 30, 2021: NVC Received
  • May 01, 2021: Pay AOS and IV Bills
  • May 06, 2021: Submit AOS, Financial Docs and DS-260s
  • May 14, 2021: Submit Civil Docs for Stepdaughter
  • May 21, 2021: Submit Civil Docs for Wife
  • June 25, 2021: NVC review for Stepdaughter, RFE submit additional Doc
  • July 08, 2021: Wife Documentarily Qualified by NVC
  • August 31, 2021: Stepdaughter Documentarily Qualified by NVC
  • September 15, 2021: Received Interview Date from NVC, October 05, 2021
  • September 22, 2021: Passed physicals at Saint Luke's Extension Clinic
  • October 05, 2021: Interview at US Embassy Manila. Verbally approved by US Consul. Positive interview experience.
  • October 05, 2021: CEAC status changed to "Issued"
  • October 07, 2021: Passports tracking for delivery on 2GO Courier website
  • October 08, 2021: Passports with visas delivered.  "Visas on hand"
  • October 08, 2021: Paid Immigrant Fee
  • October 12, 2021: Temporary CFO Certificates Received
  • October 26, 2021 POE arrival at LAX
  • November 02, 2021 Social Security Cards arrive in mail
  • January 31, 2022: USCIS Status changed to "Card Is Being Produced"
  • February 04, 2022: USCIS Status changed to "Card Was Mailed To Me"
  • February 07, 2022: Green cards received. 

 

 
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