Jump to content

4 posts in this topic

Recommended Posts

Filed: AOS (apr) Country: Philippines
Timeline
Posted

hi all.. i just want to know if someone here experienced on getting a parent's consent from biological father. Just dont know what documents needed. I called dswd, they told me that only to married couple they are issuing a travel clearance for the child who's travelling with either of the parent. It just happened that the father acknowledged and signed the birth certificate of our daugther. We are not married.

My story is this. The biological father was petitioned by his mom 2 or 3 years ago and i think he's automatic green card holder as his status when he gets there, im not just sure if he's US Citizen now. I heard legitimate and illegitimate child has the same rights when the biological father wishes to petition his child. I am thinking and based on what i have read with some cases here, embassy is only concerned on the eligibility of the child to become a US Citizen. Since my fiance is a US Citizen and he will petition me and my daughter. On that case my child has two chances to become a US Citizen, one is through the biological father and the other is through my fiance. I think Embassy just wanted to make sure that only either of the two can file the petition. Cant have 2 petitions. My question is, what kind of Waiver do i need to tell the attorney that she will make? Is it like or saying there that the biological father is allowing and giving the rights to my fiance to petition our daughter and will never file under his name? Just to prove the embassy that the biological father will never file.

I really wanted to be ready incase embassy will asked me for the proof. Any help on this matter will be much appreciated. Tyvm.

Posted

I believe in KISS -Keep IT So Simple.

I had the same worries like you when we were starting the process. I am also a single mom with two kids and we just finished our K1/K2 interview last week.

If you are not married and has never been married to the biological father then you have automatic sole custody of the child and therefore you won't need any waiver or any letter of consent from the biological father, even if your EX signed and acknowledged his paternity on your child's BC.

Some single mom who went to interview with their kids was never asked anything about the biological father, in my case I was asked:

1. When did the biological father left?

2. When was the last time the biological father has seen his kids?

3. So you were never married to their father?

4. Are your kids in contact with their father?

My case is that, I was separated with the biological father of my kids when our youngest was just 6months. My daughter is now 10(would be 11 by nov.) while my son is 8years old (would be 9 by sept). So basically, it has been over 8years already. He has signed and aknowledged his paternity over my kids on their BC but we were never married. Their father never extended financial support since he left.

Are you still in contact with the biological father? Does he give financial support? I don't know your answer to these questions but it will be best if you will not mention anything about the biological father to the prescreener or consul. Do not complicate things by mentioning about him being able to petition his child etc... Just wait till they ask you anything about your ex and make your answer very very brief. You don't want to give the impression that you are still very much attached to the ex right...

You are on K1, your child who is on K2 is your derivative. the embassy will not be concern on the eligibility of your child to become a US citizen, rather they will be concern on:

1.Your bonafide/authentic/real/genuine relationship with your petitioner

2.Your eligibility to marry your petitioner (his eligibility to marry you is the concern and has been checked by USCIS during initial petition application)

3.Your petitioner's financial capacity to support you when you and your daughter gets to the US.

I hope these help and loads of good luck on your visa process.

God bless always.

ROC

still waiting for GC replacement

N-400

04/23/2012...... N-400 packet sent to Lewisville, TX via USPS express mail

04/24/2012...... N-400 delivered signed for by J. Arthur; priority date according to NOA1

04/27/2012...... Check cashed

04/30/2012...... Received NOA 1 dated April 26, 2012

06/01/2012...... Received notice for biometrics dated May 29, 2012

06/20/2012...... Biometrics schedule (early bio June 05, 2012)

06/18/2012...... Email notification, N400 placed in line for interview

06/29/2012...... Email notification, N400 scheduled for interview

07/05/2012...... Interview Letter Received

08/07/2012...... Interview (PASSED)

Link to: Full timeline

God is in CONTROL. His time is always better than mine: never too early yet never late, always the perfect time.

Filed: AOS (apr) Country: Philippines
Timeline
Posted (edited)
I believe in KISS -Keep IT So Simple.

I had the same worries like you when we were starting the process. I am also a single mom with two kids and we just finished our K1/K2 interview last week.

If you are not married and has never been married to the biological father then you have automatic sole custody of the child and therefore you won't need any waiver or any letter of consent from the biological father, even if your EX signed and acknowledged his paternity on your child's BC.

Some single mom who went to interview with their kids was never asked anything about the biological father, in my case I was asked:

1. When did the biological father left?

2. When was the last time the biological father has seen his kids?

3. So you were never married to their father?

4. Are your kids in contact with their father?

My case is that, I was separated with the biological father of my kids when our youngest was just 6months. My daughter is now 10(would be 11 by nov.) while my son is 8years old (would be 9 by sept). So basically, it has been over 8years already. He has signed and aknowledged his paternity over my kids on their BC but we were never married. Their father never extended financial support since he left.

Are you still in contact with the biological father? Does he give financial support? I don't know your answer to these questions but it will be best if you will not mention anything about the biological father to the prescreener or consul. Do not complicate things by mentioning about him being able to petition his child etc... Just wait till they ask you anything about your ex and make your answer very very brief. You don't want to give the impression that you are still very much attached to the ex right...

You are on K1, your child who is on K2 is your derivative. the embassy will not be concern on the eligibility of your child to become a US citizen, rather they will be concern on:

1.Your bonafide/authentic/real/genuine relationship with your petitioner

2.Your eligibility to marry your petitioner (his eligibility to marry you is the concern and has been checked by USCIS during initial petition application)

3.Your petitioner's financial capacity to support you when you and your daughter gets to the US.

I hope these help and loads of good luck on your visa process.

God bless always.

Phew.. thank you very much for replying.. i feel relieved now. Hope you'll keep in touch with me. im sure i still have lots of questions to ask. again thank you very much :) God Bless You too. :) and congratulations! Wishing you all the happiness. take care. :)

Edited by Mike and Karol
Posted
Phew.. thank you very much for replying.. i feel relieved now. Hope you'll keep in touch with me. im sure i still have lots of questions to ask. again thank you very much :) God Bless You too. :) and congratulations! Wishing you all the happiness. take care. :)

Shur.. Be glad to be of service. :thumbs:

Thank you for the well wishes. :star:

ROC

still waiting for GC replacement

N-400

04/23/2012...... N-400 packet sent to Lewisville, TX via USPS express mail

04/24/2012...... N-400 delivered signed for by J. Arthur; priority date according to NOA1

04/27/2012...... Check cashed

04/30/2012...... Received NOA 1 dated April 26, 2012

06/01/2012...... Received notice for biometrics dated May 29, 2012

06/20/2012...... Biometrics schedule (early bio June 05, 2012)

06/18/2012...... Email notification, N400 placed in line for interview

06/29/2012...... Email notification, N400 scheduled for interview

07/05/2012...... Interview Letter Received

08/07/2012...... Interview (PASSED)

Link to: Full timeline

God is in CONTROL. His time is always better than mine: never too early yet never late, always the perfect time.

 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
- Back to Top -

Important Disclaimer: Please read carefully the Visajourney.com Terms of Service. If you do not agree to the Terms of Service you should not access or view any page (including this page) on VisaJourney.com. Answers and comments provided on Visajourney.com Forums are general information, and are not intended to substitute for informed professional medical, psychiatric, psychological, tax, legal, investment, accounting, or other professional advice. Visajourney.com does not endorse, and expressly disclaims liability for any product, manufacturer, distributor, service or service provider mentioned or any opinion expressed in answers or comments. VisaJourney.com does not condone immigration fraud in any way, shape or manner. VisaJourney.com recommends that if any member or user knows directly of someone involved in fraudulent or illegal activity, that they report such activity directly to the Department of Homeland Security, Immigration and Customs Enforcement. You can contact ICE via email at Immigration.Reply@dhs.gov or you can telephone ICE at 1-866-347-2423. All reported threads/posts containing reference to immigration fraud or illegal activities will be removed from this board. If you feel that you have found inappropriate content, please let us know by contacting us here with a url link to that content. Thank you.
×
×
  • Create New...