my son, K2 visa, is not the biological son of my fiance

[kristianne 0]

Hello everyone. I hope somebody who has the same situation like me or is familiar about my situation can give me insights. To give a background on my case, my K1/k2 visa is already on process. We just have to do our medical and visa interview this month or next month and hopefully we are done. I have a 6 y.o son, turning 7 this coming august. He is not the biological son of my fiance. My fiance and i met on the internet when my son was around 2 y.o. and now my son grew up knowing my fiance as his daddy. I have not been married to the father of my son but he signed on the birth certificate and ackowledged paternity and he insisted before that my son carries his last name. I was ok at that time because i was not expecting that we will break up 9 months after that. It was an ugly break up.So since my son was 9 month old until now, i havent talked to his biological father, he did give support either and i dont know where he lives now. I just heard he got married already and has family of his own. Now my concern is, will the embassy allow me to bring my son to travel with me in the US using K2 visa even if my sponsor is not his biological dad? What documents should i present since im his mother.I heard that i can bring my son wherever i go as long as he has not reached the age of 7 or else i will be required to ask for consent from his father which i dont know how to find him and i dont want to talk to him also. I hope you guys can clear up my mind. Thank you all so much and god bless.

**he did not give support either

[Harpa Timsah 13,258]

A K2 visa is exactly for the children of the fiance, unrelated to the petitioner. A biological son would not be eligible for a K2.

[kristianne 0]

A K2 visa is exactly for the children of the fiance, unrelated to the petitioner. A biological son would not be eligible

Given that he is not the father of my child, will i have any problems with the embassy bringing my son to the US without his father's consent? Thank you.

[Harpa Timsah 13,258]

As far as I know, according to Philippine law, a child is under the mother's custody entirely if the parents were not married.

I am not sure what the meaning of him signing the certificate is. If you somehow claimed you were married when you weren't then that will be a problem.

You will have to follow Philippine law for custody rights to take him out of the country, but since you were not married, I think you have what you need.

Perhaps you could explain what you mean about him signing the birth certificate.

[Hank_ 9,174]

Hello everyone. I hope somebody who has the same situation like me or is familiar about my situation can give me insights. To give a background on my case, my K1/k2 visa is already on process. We just have to do our medical and visa interview this month or next month and hopefully we are done. I have a 6 y.o son, turning 7 this coming august. He is not the biological son of my fiance. My fiance and i met on the internet when my son was around 2 y.o. and now my son grew up knowing my fiance as his daddy. I have not been married to the father of my son but he signed on the birth certificate and ackowledged paternity and he insisted before that my son carries his last name. I was ok at that time because i was not expecting that we will break up 9 months after that. It was an ugly break up.So since my son was 9 month old until now, i havent talked to his biological father, he did give support either and i dont know where he lives now. I just heard he got married already and has family of his own. Now my concern is, will the embassy allow me to bring my son to travel with me in the US using K2 visa even if my sponsor is not his biological dad? What documents should i present since im his mother.I heard that i can bring my son wherever i go as long as he has not reached the age of 7 or else i will be required to ask for consent from his father which i dont know how to find him and i dont want to talk to him also. I hope you guys can clear up my mind. Thank you all so much and god bless.

**he did not give support either

No issue as long as your fiancee listed your son the I-129F. You will pay a visa fee for your son the same as you and you will both complete the medical. No issue with the father signing the BC when your son was born, you do not need the consent of the father as you have sole custody of your son.

Follow the embassy instructions letter for both you and your son.

More info in the link below this post, follow the flashing arrow.

Edited March 31, 2014 by Hank_

[Greenbaum 12,259]

Hello everyone. I hope somebody who has the same situation like me or is familiar about my situation can give me insights. To give a background on my case, my K1/k2 visa is already on process. We just have to do our medical and visa interview this month or next month and hopefully we are done. I have a 6 y.o son, turning 7 this coming august. He is not the biological son of my fiance. My fiance and i met on the internet when my son was around 2 y.o. and now my son grew up knowing my fiance as his daddy. I have not been married to the father of my son but he signed on the birth certificate and ackowledged paternity and he insisted before that my son carries his last name. I was ok at that time because i was not expecting that we will break up 9 months after that. It was an ugly break up.So since my son was 9 month old until now, i havent talked to his biological father, he did give support either and i dont know where he lives now. I just heard he got married already and has family of his own. Now my concern is, will the embassy allow me to bring my son to travel with me in the US using K2 visa even if my sponsor is not his biological dad? What documents should i present since im his mother.I heard that i can bring my son wherever i go as long as he has not reached the age of 7 or else i will be required to ask for consent from his father which i dont know how to find him and i dont want to talk to him also. I hope you guys can clear up my mind. Thank you all so much and god bless.

**he did not give support either

He can travel under his K2 visa secured by you and your fiancee. He does not need the permission of his bio-logical father to travel with you on your K1 and his K2. You do not need to contact the "father" for permission. Continue your path with the understanding that your son will be traveling with you.

http://www.dswd.gov.ph/faqs/travel-clearance-for-minors/

He does not need travel clearance from the DSWD but I gave you the link so that you can read and have a better understanding of how the travel clearance works and to whom it is required.

My wife and her two legitimate children traveled (recently 12/2013) on a K1/K2 to USA after the father had abandon them some 10 years ago. There were no issues with any state department during the entire process including immigration. They now reside with me here in the US.

Edited March 31, 2014 by Greenbaum

[six7one 17]

As others mentioned, Yes your son can accompany you as a K2 provided he was listed on your Fiance's I-129F petition. Since you were never married, you have sole authority for your son even if the biological father signed the BC and your son carries the father's last name. No marriage is the key here. You will not have any issue bringing him to the US Embassy, or bringing him to the US with you.

Aside from the Petition and the MNL Case number you'll get, your son will be handled individually (ie. pay for his own interview, present his own DS forms, pay for his own medical, etc.). Good luck and God Bless.

[kristianne 0]

As far as I know, according to Philippine law, a child is under the mother's custody entirely if the parents were not married.

I am not sure what the meaning of him signing the certificate is. If you somehow claimed you were married when you weren't then that will be a problem.

You will have to follow Philippine law for custody rights to take him out of the country, but since you were not married, I think you have what you need.

Perhaps you could explain what you mean about him signing the birth certificate.

There's a law in the Philippines that state that a child cannot be considered illegitimate if the father claims paternity by signing at tha back of his birth certificate even if his parents are not married. thats why i thought it might a problem since my son is carrying his father's last name(we are not married) and then it might need some consent from him.

[kristianne 0]

Thank you all so much for your advises. What a big weight off my shoulder. I guess i really dont have any problem since all of you gave the same answer. God bless everyone!

[Greenbaum 12,259]

Thank you all so much for your advises. What a big weight off my shoulder. I guess i really dont have any problem since all of you gave the same answer. God bless everyone!

When this is all done you'll look back, like most of did, and say to yourself why did I worry so much.

Just relax the best part is coming. APPROVAL!!!

[Hank_ 9,174]

Thank you all so much for your advises. What a big weight off my shoulder. I guess i really dont have any problem since all of you gave the same answer. God bless everyone!

Yup, you can relax.

[danver 15]

Hello everyone. I hope somebody who has the same situation like me or is familiar about my situation can give me insights. To give a background on my case, my K1/k2 visa is already on process. We just have to do our medical and visa interview this month or next month and hopefully we are done. I have a 6 y.o son, turning 7 this coming august. He is not the biological son of my fiance. My fiance and i met on the internet when my son was around 2 y.o. and now my son grew up knowing my fiance as his daddy. I have not been married to the father of my son but he signed on the birth certificate and ackowledged paternity and he insisted before that my son carries his last name. I was ok at that time because i was not expecting that we will break up 9 months after that. It was an ugly break up.So since my son was 9 month old until now, i havent talked to his biological father, he did give support either and i dont know where he lives now. I just heard he got married already and has family of his own. Now my concern is, will the embassy allow me to bring my son to travel with me in the US using K2 visa even if my sponsor is not his biological dad? What documents should i present since im his mother.I heard that i can bring my son wherever i go as long as he has not reached the age of 7 or else i will be required to ask for consent from his father which i dont know how to find him and i dont want to talk to him also. I hope you guys can clear up my mind. Thank you all so much and god bless.

**he did not give support either

My 2 kids are also bringing their biological father's last name( no SIgnature on the Birth certificate though). My husband petitioned them through I-130 and I was able to bring my 2 kids here in the US with no problem. In fact both of my kids are now US citizens (they came here in 2010).

Good luck with the process.

[ez2007 1]

I was able to bring my 2 kids here in the US way back 2008 (then 12 yrs old and 7 yrs old). At the NAIA, they did read the page on my annulment papers that stated I had sole custody of the 2 kids. Before that, I obtained certification and ID from DSWD that I was a Solo Parent. I think as long as you have paperworks to show you have sole custody of your son you will be fine. Good luck

By the way my kids were carrying their biological father's surname.