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Child of Fiance (Specific to Manila Embassy)

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My fiance is worried...

She was told by her lawyer (handling her recognition of foreign divorce)...

The Manila Embassy has changed its policy regarding children of fiances for K1 visas. He had friend / client that had problems getting visa for child(ren). He advised that we get married in the Philippines and that I adopt her daughter (8 yrs. old, unmarried). Indicated the info was on the Embassy's website (which I can't find anything beyond my understanding below)...

Has anyone had recent experience with fiance and children traveling with them to US? Anyone heard of issues / new policy? Is there any concern regarding illigitamate father (whom left at birth)?

My understanding is...

I included her daughter in my petition I-129F.

She will file for K1 visa and a file for a K2 visa for her daughter (as a derivative).

Her daughter will need to attend medical.

Her daughter will need to attend interview at Embassy.

If we are graced, she will receive a K1 visa and her daughter a K2 visa.

They will both travel to US together.

BTW, is ther any advise regarding obtaining a Philippine passport for her daughter?

thanks,

K-1 TIMELINE

Mar-09-2010 I-129F sent to California

Mar-10-2010 Arrived at CSC

Mar-11-2010 NOA-1

Mar-13-2010 NOA-1 Hardcopy Received

Mar-15-2010 Touched

May-01-2010 Touched

May-03-2010 Touched

May-04-2010 NOA-2

May-10-2010 NVC Received

May-12-2010 Left NVC

May-17-2010 US Embassy Received

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Filed: AOS (apr) Country: Philippines
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My fiance is worried...

She was told by her lawyer (handling her recognition of foreign divorce)...

The Manila Embassy has changed its policy regarding children of fiances for K1 visas. He had friend / client that had problems getting visa for child(ren). He advised that we get married in the Philippines and that I adopt her daughter (8 yrs. old, unmarried). Indicated the info was on the Embassy's website (which I can't find anything beyond my understanding below)...

Has anyone had recent experience with fiance and children traveling with them to US? Anyone heard of issues / new policy? Is there any concern regarding illigitamate father (whom left at birth)?

My understanding is...

I included her daughter in my petition I-129F.

She will file for K1 visa and a file for a K2 visa for her daughter (as a derivative).

Her daughter will need to attend medical.

Her daughter will need to attend interview at Embassy.

If we are graced, she will receive a K1 visa and her daughter a K2 visa.

They will both travel to US together.

BTW, is ther any advise regarding obtaining a Philippine passport for her daughter?

thanks,

Who is this attorney giving the advice?

My Pinay wife and her son (k1) and (k2) arrived safe and sound last August 2009. I have not heard of any changes in Manila. U do not need to go to Philippines, get married, and adpot. That's a bunch of nonsense. Make sure the child has a clear-ledgible birth certificate and if mom was never married you need no other clearance except possibly something from the NSO that says the child has no legal father. Otherwise you should be good to go.

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Filed: Country:
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Follow the links in my signature.

Even though we did CR-1 & CR-2 the requirements for the child are the same and it is Philippine Law that determines if the child can travel abroad.

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My fiance is worried...

She was told by her lawyer (handling her recognition of foreign divorce)...

The Manila Embassy has changed its policy regarding children of fiances for K1 visas. He had friend / client that had problems getting visa for child(ren). He advised that we get married in the Philippines and that I adopt her daughter (8 yrs. old, unmarried). Indicated the info was on the Embassy's website (which I can't find anything beyond my understanding below)...

Has anyone had recent experience with fiance and children traveling with them to US? Anyone heard of issues / new policy? Is there any concern regarding illigitamate father (whom left at birth)?

My understanding is...

I included her daughter in my petition I-129F.

She will file for K1 visa and a file for a K2 visa for her daughter (as a derivative).

Her daughter will need to attend medical.

Her daughter will need to attend interview at Embassy.

If we are graced, she will receive a K1 visa and her daughter a K2 visa.

They will both travel to US together.

BTW, is ther any advise regarding obtaining a Philippine passport for her daughter?

thanks,

check the USEM website...no such info...latest info is feb 2010.

same policies. if you do as your lawyer says, you will do the petition all over again as a diferent type CR1 or K3.

tell your fiancee too adoption in the philippines takes time and a lot of processes. I for one know that.

like what others have said, all that you need to have come interview time is all documentation proving that your fiancee and the child's father have no legal relationship in the first place/anymore or have legally terminated it, and then documents also proving that your fiancee has and always been the sole parent/guardian of the child.

good luck and god bless! :)

I-129F, AOS, ROC

02-11-2008 Sent out I -129F in mail

02-13-2008 NOA 1

03-14-2008 NOA 2

04-07-2008 Medical exam passed

04-25-2008 Interview, visa aproved, no RFEs!

04-25-2008 Waiting for DELBROS/NSO

05-07-2008 Visa on hand ! Wow, less than 3 months! Thank you Lord!

05-26-2008 POE Detroit, no problems, thank God!

07-01-2008 Married 07-01-08, civil, just us w/ his parents

07-16-2008 Mailed out AOS package

07-19-2008 wedding ceremony

08-19-2008 biometrics appointment

08-25-2008 i-485 touched

09-23-2008 i-485 touched

09-30-2008 i-131 approval notice THANK YOU LORD!!!!

10-04-2008 Received my EAD

10-06-2008 Received my AP...yehey, i can go back to Phil for xmas!

11-14-2008 DMV driving test-passed! thank you Lord!

11-18-2008 Received RI driver's license

11-30-2008 Went home to PHILs for the holidays

12-21-2008 Church wedding!

01-08-2009 AOS Approved! thank you Lord! no interview required!

01-16-2009 Received GC in mail

09-02-2010 Sent out application for ROC

09-08-2010 Received NOA1

09-10-2010 Received Biometrics Notice

10-06-2010 Biometrics

12-06-2010 Approved! Thank you Lord God!

12-11-2010 Received NOA2 and 10-yr GC in the mail =)

N-400

10-03-2011 Sent N-400

10-07-2011 NOA1 date

10-25-2011 Biometrics

12-02-2011 Civics Test/Interview (passed)

04-09-2012 Oathtaking (got my little USA flag and souvenir photo!)

Matthew at 1yr

DSCF6924-2.jpg[/img]

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My fiance is worried...

She was told by her lawyer (handling her recognition of foreign divorce)...

The Manila Embassy has changed its policy regarding children of fiances for K1 visas. He had friend / client that had problems getting visa for child(ren). He advised that we get married in the Philippines and that I adopt her daughter (8 yrs. old, unmarried). Indicated the info was on the Embassy's website (which I can't find anything beyond my understanding below)...

Has anyone had recent experience with fiance and children traveling with them to US? Anyone heard of issues / new policy? Is there any concern regarding illigitamate father (whom left at birth)?

My understanding is...

I included her daughter in my petition I-129F.

She will file for K1 visa and a file for a K2 visa for her daughter (as a derivative).

Her daughter will need to attend medical.

Her daughter will need to attend interview at Embassy.

If we are graced, she will receive a K1 visa and her daughter a K2 visa.

They will both travel to US together.

BTW, is ther any advise regarding obtaining a Philippine passport for her daughter?

thanks,

as far as passport for her daughter, she should have that processed too, and main requirement is a birth cert :)

I-129F, AOS, ROC

02-11-2008 Sent out I -129F in mail

02-13-2008 NOA 1

03-14-2008 NOA 2

04-07-2008 Medical exam passed

04-25-2008 Interview, visa aproved, no RFEs!

04-25-2008 Waiting for DELBROS/NSO

05-07-2008 Visa on hand ! Wow, less than 3 months! Thank you Lord!

05-26-2008 POE Detroit, no problems, thank God!

07-01-2008 Married 07-01-08, civil, just us w/ his parents

07-16-2008 Mailed out AOS package

07-19-2008 wedding ceremony

08-19-2008 biometrics appointment

08-25-2008 i-485 touched

09-23-2008 i-485 touched

09-30-2008 i-131 approval notice THANK YOU LORD!!!!

10-04-2008 Received my EAD

10-06-2008 Received my AP...yehey, i can go back to Phil for xmas!

11-14-2008 DMV driving test-passed! thank you Lord!

11-18-2008 Received RI driver's license

11-30-2008 Went home to PHILs for the holidays

12-21-2008 Church wedding!

01-08-2009 AOS Approved! thank you Lord! no interview required!

01-16-2009 Received GC in mail

09-02-2010 Sent out application for ROC

09-08-2010 Received NOA1

09-10-2010 Received Biometrics Notice

10-06-2010 Biometrics

12-06-2010 Approved! Thank you Lord God!

12-11-2010 Received NOA2 and 10-yr GC in the mail =)

N-400

10-03-2011 Sent N-400

10-07-2011 NOA1 date

10-25-2011 Biometrics

12-02-2011 Civics Test/Interview (passed)

04-09-2012 Oathtaking (got my little USA flag and souvenir photo!)

Matthew at 1yr

DSCF6924-2.jpg[/img]

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Filed: Other Country: China
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My fiance is worried...

She was told by her lawyer (handling her recognition of foreign divorce)...

The divorce issue is one that requires more details to know what might be required. It sounds as if the two parents were married when the child was born but that a divorce was secured outside the PI. Please clarify the relationships and order of events for a more appropriate answer.

The answers so far have assumed the child was born out of wedlock in the PI but the bold in your first post indicates otherwise.

I can't think of anything that has changed in this regard in Manila or any reason why an adoption would be needed but without the details it's impossible to be certain.

Facts are cheap...knowing how to use them is precious...
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Filed: Citizen (apr) Country: Canada
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I'm actually going to move this again - although it is properly placed in the Consulate forum, there are some country specific regulations and information related to children in the Philippines that might be better addressed in the Philippines forum.

“...Isn't it splendid to think of all the things there are to find out about? It just makes me feel glad to be alive--it's such an interesting world. It wouldn't be half so interesting if we knew all about everything, would it? There'd be no scope for imagination then, would there?”

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Sorry I didn't clarify her divorce. Her ex-husband is not the father of her daughter. She was never married to her daughter's father. He left at the birth, never in much contact after that. She didn't take his name on her birth certificate. Her ex-husband has no relationship with her daughter, legal or otherwise.

Thank you for the prompt feedback. I believe you've solidified my understanding of the process. Before receiving the bad advise from the lawyer, my only fear was of some legal requirements around custody with the illegitimate father.

K-1 TIMELINE

Mar-09-2010 I-129F sent to California

Mar-10-2010 Arrived at CSC

Mar-11-2010 NOA-1

Mar-13-2010 NOA-1 Hardcopy Received

Mar-15-2010 Touched

May-01-2010 Touched

May-03-2010 Touched

May-04-2010 NOA-2

May-10-2010 NVC Received

May-12-2010 Left NVC

May-17-2010 US Embassy Received

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Filed: IR-2 Country: Philippines
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My fiance is worried...

She was told by her lawyer (handling her recognition of foreign divorce)...

The Manila Embassy has changed its policy regarding children of fiances for K1 visas. He had friend / client that had problems getting visa for child(ren). He advised that we get married in the Philippines and that I adopt her daughter (8 yrs. old, unmarried). Indicated the info was on the Embassy's website (which I can't find anything beyond my understanding below)...

Has anyone had recent experience with fiance and children traveling with them to US? Anyone heard of issues / new policy? Is there any concern regarding illigitamate father (whom left at birth)?

My understanding is...

I included her daughter in my petition I-129F.

She will file for K1 visa and a file for a K2 visa for her daughter (as a derivative).

Her daughter will need to attend medical.

Her daughter will need to attend interview at Embassy.

If we are graced, she will receive a K1 visa and her daughter a K2 visa.

They will both travel to US together.

BTW, is ther any advise regarding obtaining a Philippine passport for her daughter?

thanks,

i have the sae situation with you I hae a daughter but when i talked to a lawyer theres no problem with it specially its a illegitimate child the sole custody goes to mother...

about the passport: her child need BC from NSO and passport of mother

IR1 IR2

04/10/2008 WEDDING DAY!!!!!!!!!''''''''''''''''''''''''''''''''''''''''''''''''''''''05/19/2014 Form I-130 send to USCIS Chicago Lockbox
04/27/2009 Send the I-130''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''05/24/2014 USCIS checks cashed
11/24/2009 I-130 Approved''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''05/2610/2014 USCIS acceptance confirmation via email and text
03/27/2010 AOS sent case forwarded at Nebraska Service Center
04/07/2010 NVC request to send Applicants documents'''''''''''''''''''''''''''05/28/2014 NOA1 Hardcopy
04/09/2010 send the leter requesting to change CR1 to IR1'''''''''''''''''''''''05/29/2014 Alien Registration Number changed

04/12/2010 send email to NVC requesting to change CR1 to IR1'''''''06/20/2014 I-130 Approved (NOA2)

04/15/2010 nvc received 1-864''''''''''''''''''''''''''''''''''''''''''''''''''''''''' 06/30/2014 I-130 forward to NVC
04/17/2010 received RFE from NVC''''''''''''''''''''''''''''''''''''''''''''''''''''07/11/2014 NVC received our case

04/21/2010 CR1 to IR1 approved''''''''''''''''''''''''''''''''''''''''''''''''''''''''07/18/2014 case # and Innvoice # received

04/30/2010 Send DS230 through EMS express Mail w/o PCC''''''''''08/06/2014 DS-261

05/04/2010 Request for PCC in Japan Embassy'''''''''''''''''''''''''''''''''''''''08/08/2014 AOS Invoice received thru email
05/06/2010 DS-230 Delivered, May 06, 2010, 11:55 am''''''''''''''''''''''''''''08/08/2014 sent AOS packet

05/12/2010 DS-230 recceived by NVC'''''''''''''''''''''''''''''''''''''''''''''''''08/11/2014 AOS shows "PAID" and packet delivered
05/26/2010 RFE checklist received'''''''''''''''''''''''''''''''''''''''''''''''''''''08/13/2014 AOS scanned
05/31/2010 RFE checklist response send thru fedex''''''''''''''''''''''''''''''''08/26/2014 IV invoice received thru mail
06/01/2010 RFE for AOS send'''''''''''''''''''''''''''''''''''''''''''''''''''''''''08/27/2014 IV shows "PAID", DS-260 filed and IV packet send
06/02/2010 NVC received RFE on DS230 signed by J.Desmond 10:25am'''''''''08/29/2014 IV package scanned
06/10/2010 Japan police clearance ready for pick up (36 days)'''''''''''''''''''10/14/2014 Case Complete
06/24/2010 SIGN IN FAILED ''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''''10/21/2014 CEAC "IN TRANSIT"
06/24/2010 CASE COMPLETE as of june 23, 2010"'"""""""""'''''''''''''''''''''''''''''''''10/22/2014 CEAC "READY"
06/29/2010 Interview date received.............................................................................10/27/2014 Medical
07/21-22/2010 Medical......................................................................................................11/07/2014 Interview
07/22/2010 NVC forwarded our case to USEM.........................................................11/18/2014 visa received
08/05/2010 Interview 6:30 AM BLUE SLIP
11/08/2010 submit paystub
11/16/2010 submit passport
11/25/2010 VISA RECEIVED
01/16/2011 POE detroit

N-400 Naturalization

11/22/13 Form N-400 sent

11/27/13 USCIS Case Accepted

03/06/14 Interview

03/21/14 Oath Taking

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