On K1 does birth father need to ok?

[Steve and Poy 4]

I found out the hard way that the US Consulate, in opposition to Thai law, and in (in my opinion) opposition to American Law demand that the birth father of a child, regardless if the mother hall all rights and the father has none under Thai law, even if male/female were never married, and even if the father has not contributed to the support of the child, or had contact since birth he still MUST agree to allow the child to leave Thailand. Absent that, no visa will be issued until the child becomes an adult.

Short Thai story: Father refused, end of K1.

Does this same situation relate to a Philippine woman who has a certificate of singleness (or whatever it is called) or a woman whose husband has abandoned the mother/child, or has not been in contact, or supportive, even for a decade?

Thanks

[Ron and Rhea 42]

Horrible.

[I AM NOT THAT GUY 5,715]

You want to marry a child?

I don't think you will have any better luck in the Philippines.

You might even go to jail if the father presses charges.

[VanessaTony 3,567]

I found out the hard way that the US Consulate, in opposition to Thai law, and in (in my opinion) opposition to American Law demand that the birth father of a child, regardless if the mother hall all rights and the father has none under Thai law, even if male/female were never married, and even if the father has not contributed to the support of the child, or had contact since birth he still MUST agree to allow the child to leave Thailand. Absent that, no visa will be issued until the child becomes an adult.

Short Thai story: Father refused, end of K1.

Does this same situation relate to a Philippine woman who has a certificate of singleness (or whatever it is called) or a woman whose husband has abandoned the mother/child, or has not been in contact, or supportive, even for a decade?

Thanks

You can get a court order showing sole custody and that should be sufficient as well. Your situation must not be contrary to Thai law though because the follow the law of the country in this regard.

In the Philippines if you're single and never married the father then the father doesn't need to give permission. However I think that marriage is a different kettle of fish.

I suggest you explore the court order option.

[Ning 619]

You can get a court order showing sole custody and that should be sufficient as well. Your situation must not be contrary to Thai law though because the follow the law of the country in this regard.

In the Philippines if you're single and never married the father then the father doesn't need to give permission. However I think that marriage is a different kettle of fish.

I suggest you explore the court order option.

In two cases that I know of the Thai court order was rejected by the embassy. Below is a copy of a message the embassy sent to one person after they tired to use the court order & other info.

"We normally discuss these issues in person when people come for their interview. Applicants are generally able to satisfy the documentary requirements for immigrant visas without hiring an attorney. The normal requirement is to provide an affidavit of consent to emigrate, using our language, that can be executed by the biological parent either at the district office or at the embassy. Usually biological parents can be tracked down, such as through the grandparents. In the absence of a court document stating that only one parent has custody, we generally require that parent to make every possible effort to contact the absent parent before we will consider other possibilities. These children are not very old and one of them has had recent contact with the biological father, so we encourage your fiancée to make every effort to contact the father to have him swear the affidavit of consent".

In this case the mother wasnt able to find the father even after an incredible effort was put into trying. The embassy would not issue the visa & the children remain in Thailand today. The fathers contact, support ect doesnt have any thing to do with the embassies position. They simply dont care to even hear it.

[VanessaTony 3,567]

In two cases that I know of the Thai court order was rejected by the embassy. Below is a copy of a message the embassy sent to one person after they tired to use the court order & other info.

"We normally discuss these issues in person when people come for their interview. Applicants are generally able to satisfy the documentary requirements for immigrant visas without hiring an attorney. The normal requirement is to provide an affidavit of consent to emigrate, using our language, that can be executed by the biological parent either at the district office or at the embassy. Usually biological parents can be tracked down, such as through the grandparents. In the absence of a court document stating that only one parent has custody, we generally require that parent to make every possible effort to contact the absent parent before we will consider other possibilities. These children are not very old and one of them has had recent contact with the biological father, so we encourage your fiancée to make every effort to contact the father to have him swear the affidavit of consent".

In this case the mother wasnt able to find the father even after an incredible effort was put into trying. The embassy would not issue the visa & the children remain in Thailand today. The fathers contact, support ect doesnt have any thing to do with the embassies position. They simply dont care to even hear it.

In your own quote it states "in the absence of a court order stating that only one parent has custody..." which means a court order is sufficient.

[Andy and Pui 16]

Vanessa&Tony, the quoted part from Ning's response is from the embassy in Bangkok about a case in the past. They pretty much want the father in his language say he gives the mother the right to take their child/children out of the country. It is sad it is like that especially for the kids whose father was never in the kids life.

OP I wish you the best.

[VanessaTony 3,567]

Vanessa&Tony, the quoted part from Ning's response is from the embassy in Bangkok about a case in the past. They pretty much want the father in his language say he gives the mother the right to take their child/children out of the country. It is sad it is like that especially for the kids whose father was never in the kids life.

OP I wish you the best.

YOU'RE MISSING THE POINT!! The OP's quote shows that a COURT ORDER is sufficient and in cases where the father was "never in the kids life" (as you stated) a court order would be what I would be obtaining AND is sufficient evidence for USCIS. Also easier than tracking down a father that's not interested.

Whether it's an old case or not it still shows a COURT ORDER is accepted. It also shows that obviously the person that was denied did not have a court order that stated SOLE custody, or a letter from the parent. If you have a link to the case I would be happy to read it in context.

Edited November 1, 2011 by Vanessa&Tony

[Mountain Climber 186]

YOU'RE MISSING THE POINT!! The OP's quote shows that a COURT ORDER is sufficient and in cases where the father was "never in the kids life" (as you stated) a court order would be what I would be obtaining AND is sufficient evidence for USCIS. Also easier than tracking down a father that's not interested.

Whether it's an old case or not it still shows a COURT ORDER is accepted. It also shows that obviously the person that was denied did not have a court order that stated SOLE custody, or a letter from the parent. If you have a link to the case I would be happy to read it in context.

I concur on the court order. We obtained one and had no difficulty getting visas for the children to come to the USA. Actually it was a lot easier than trying to deal with a dead beat dad.

Edited November 1, 2011 by Mountain Climber

[VanessaTony 3,567]

I concur on the court order. We obtained one and had no difficulty getting visas for the children to come to the USA.

THANKYOU!!

OP I suggest you speak to this person and ask them specifically what the court order stated and what they had to ask for so you know what to get. All is not lost!

[jl#1 6]

You want to marry a child?

I don't think you will have any better luck in the Philippines.

You might even go to jail if the father presses charges.

Sir the gentleman and his wife want to bring her child with them and the Father of the child is not making himself available.

Your comment was off topic and insensitive to the couples issue.

[Kang 22]

I found out the hard way that the US Consulate, in opposition to Thai law, and in (in my opinion) opposition to American Law demand that the birth father of a child, regardless if the mother hall all rights and the father has none under Thai law, even if male/female were never married, and even if the father has not contributed to the support of the child, or had contact since birth he still MUST agree to allow the child to leave Thailand. Absent that, no visa will be issued until the child becomes an adult.

Short Thai story: Father refused, end of K1.

Does this same situation relate to a Philippine woman who has a certificate of singleness (or whatever it is called) or a woman whose husband has abandoned the mother/child, or has not been in contact, or supportive, even for a decade?

Thanks

Under Philippine law, out of wedlock children are under FULL custody of the mother. No need for fathers' permission. However, when taking a minor out of the country, you will need a DSWD permit if the child is not travelling with the mother

But that is Philippine law, not Thai law

[Ning 619]

In your own quote it states "in the absence of a court order stating that only one parent has custody..." which means a court order is sufficient.

Thanks for letting me know what it says. Inspite of what it says & what you say the embassy officer that made the determination in this case didnt know you were in charge. Please let them know right away that you want these decisions made as you say they should.

In the case I sited I assure you for what ever reason they would not accept the court order. The mother is in the USA at this moment without her children after several attempts to get the kids visa. She spent 3 thousand dollars on lawyers to help her obtain the court order. It was rejected by the embassy. Twice. Even after they said in the message I copied here what you point out. I know what it says & I know what happened.

Below is the second responce from the embassy on the same case sent after she tried again to get them to issue the visa using the court order.

" Thank you for your response. We again must state that we can’t provide any individuals with specific advice about their situations, but that most applicants discuss the situation with us at their interviews to determine the best way to proceed, and that most applicants do not need to have lawyers. Most applicants don’t qualify for a visa at the time of the interview anyway, and have to come for follow-up, which is no problem as long the follow-up takes place within a year of the interview. So, you may wish to postpone your decision to incur significant legal fees and again, have your fiancée focus for now on any other ways she might be able to contact the biological father".

Again this is a quote from the BKK embassy. It was fair warning & they meant what they said. They refused to issue the visas even when presented with the court order.

Next we see Mountian climber was able to get the visa using the court order. I am sorry that I wasnt able to go over every case ever decided on the subject.

[I AM NOT THAT GUY 5,715]

Sir the gentleman and his wife want to bring her child with them and the Father of the child is not making himself available.

Your comment was off topic and insensitive to the couples issue.

On K1 does birth father need to ok?

Short Thai story: Father refused, end of K1.

How is my post irrelevant to the question posted?

N.B. Perhaps a mod could clean up this thread and move it to the appropriate forum. The OP has nothing to do with the Philippines, unless he is considering shopping for a bride with children there.

Edited November 1, 2011 by Crusty Old Perv