kc409

I have been earning overseas for the past few years and need my dad to co-sponsor my wife's visa.  He earns from social security and a pension.  I-864 Part 6, line 5, is over the 125% poverty threshold by quite a bit but Part 6, line 13a-c, goes under the threshold because moat of the social security is untaxed. Will that be ok?

1 hour ago, angeljolie said:

Confirming what @Chancy said too. I arrived in the US with my kids earlier this month and the journey was smooth. No questions asked. 

Congrads!  Thanks for even more confirmation.  Do your kids also have their biological father's surname?

20 minutes ago, Chancy said:

 

Those lawyers are trying to squeeze money out of you.  No affidavit, no court order required for a mother to gain custody of her Filipino child born out of wedlock.  Those documents would be redundant as the Family Code already states what you need.

 

 

DSWD clearance is not required for a child traveling with an immigrant visa.  But if your step-child is a minor and traveling alone, it may be a good idea to get one anyway.  Biological father's consent is NOT needed for the DSWD clearance either.  If your wife and step-child will be traveling together, DSWD clearance is definitely NOT required.

 

 

I'm not in the same situation, but the fact that custody evidence is not required at the visa interview for Filipino children born out of wedlock, is well-known by the regulars here at VJ.  Also, you can google "Article 176 Family Code Philippines parental authority".

 

I'll ask the mods to move this thread to the Philippine sub-forum so you can get assurances from other VJ members with IR2 or K2 children who were in similar situations and got their visas without presenting any consent/custody document.

 

Thank you so much.  I cant tell you how much you've made my day.  I have been ruminating on this for days.  

6 minutes ago, Chancy said:

 

No need for consent from the father, even if he is listed on the birth certificate.  Article 176 of the Family Code of the Philippines already guarantees that the mother has sole parental authority over her children who were born out of wedlock.  The US embassy in Manila is very familiar with this provision of law and will not ask for any consent form or custody document.

Thanks so much for this advice.  I have been talking to a company that claims to help get visas approved and also 2 lawyers locally here in the Phillipines.  I have heard different things from all of them.  1 lawyer suggested an affidavit, another a court order.  The online company told me that I should get at least a DSWD and maybe a court order.  I see that you have filed in the Philippines so I just wonder if you were in the same boat or how you got this info?  🙏 big appreciation   

My stepdaughter's father is not in the picture, doesn't pay child support, but is refusing to sign the consent form.  His name is on the birth certificate and my stepdaughter does have his last name.  He and my wife were never married.  Anyone been through this before?  Do we need a court order of sole custody?  Or something else?  Or nothing?