Affidavit from biological father

[sj5 4]

No, you need nothing from your children's father. You should worry if your ex come from developed countries.

Edited March 7, 2009 by VJ's Opportunist

[one...two...tree 2,762]

This should be a pinned topic for this subforum because this issue is common for many Fil/Am couples.

[SuperDuper! 230]

Hello Vj members,

Just wanna make sure about this issue. My kids are using the father's name eventhough we were never married legally. We are on the process of getting them through I-130.

My question is:

1.-Do i need to find the father to get his permission to allow my kids to travel and live with me? I mean do i need an affidavit from him giving me the kid's full custody when my kids are with me?I don't even know if he is still alive..how can i get an affidavit from him? .He don't have signature on the kid's Birth certificate but kids are using his name..No contact, no support no nothing.

2.-DOes he have the right to my kids the fact that we were not married? and no signature on the Birth Certificate?

Pls. Help me. I would appreciate any ideas.

But what about during your Embassy Interview? Did they ask about if the bio dad approved for you to take the kids to US? Any problem in getting your kid visa to go with you?

I just tried to find the post, but I remember a woman who had to get permission from the bio father in order for the child to leave the RP. It turned out the bio father was in New Jersey so she made contact, he agreed and all done.

You said he might be dead, but definitely his whole family isn't dead and since you had his child, you probably know where his family lives. You can start there to find him - they'll let you know if he is alive.

If his family hasn't heard from him in years then you can get some sort of paperwork that assumes he is dead. You might also have to put an ad in the paper - some sort of declaration (I forget the details).

Thank you guys for the replies. Never had contact with his family either. I really hope this affidavit from the father won't be asked from me..I know if he is alive..he won't give the consent .What should i do? Do i need to consult a lawyer about this?

I've been there, done that. Just read my answer to your number 1 question. My ex-husband is very much alive. He does not know that my daughter and I were leaving the country last year. I do not have full custody of my daughter either and she is using his last name in all her documents, passport, visa, CFO and ticket. He lives 20 minutes from us. Our marriage was annulled. Then I married a US citizen. Do not worry too much. You can search here in VJ my old post about the 2005 change in guidelines for minors travelling abroad. We are in the US for a year now. My daughter have adjusted well and what she wants is just to change her last name so that it will be the same as her baby brother.

This was what happened, when we paid the travel tax, the immigration employee at NAIA just looked at my daughter's passport and her birth certificate. She saw that I am the mother and then she let us through to board the plane. No questions asked.

[SuperDuper! 230]

It seems there are a lot of ifs, ands and buts tied to the kids traveling.

The post I was talking about involved the interview - the USEM wanted something from the father before the visa was approved. Darn, I wish I could find the post, but I can't. It probably doesn't related to this post so probably no worries like others have said.

This is the issue that I wish someone had the real facts and truth on. No one seems to know what the law is on this issue. I called an immigration lawyer about it, and even she did not know. I guess the CO makes a decision based on how he is feeling that day for the interview

[AmyStan 0]

This should be a pinned topic for this subforum because this issue is common for many Fil/Am couples.

Agree completely. We have seen it a few times in our short "journey" here. We are going to undergo the same experience with the same questions. Thanks.

[angel7407 33]

This should be a pinned topic for this subforum because this issue is common for many Fil/Am couples.

Agree completely. We have seen it a few times in our short "journey" here. We are going to undergo the same experience with the same questions. Thanks.

I really agree to this one coz I have the same problem too. Yung sa akin nga worse kasi name ng father nila tapos may date of marriage kahit di kami kasal at talagang nag pirma ang father in front sa BC. Nilagyan nya (ang father kasi and nagpa register) ng date of marriage kahit di kami kasal tapos sinabi nya sa nurse na we left the marriage certificate sa bahay. When I went to the USEM for my K-3 interview, the CO asked about the father of my children and she said they dont have any business on their family names. Anyway, nakita naman talaga nila sa CENOMAR ko na I was never married before and what appeared was my marriage with my husband now. My children are still in the Philippines coz they are follow-to-join, but I also have the same question if mag apply na for their passports or if mag travel na sila for US. If kailangan ba ang consent ng father or if during interview nila sa USEM, talaga bang okay lang na di kami parehas ng family name.

[Deputy Purple 1,294]

It seems there are a lot of ifs, ands and buts tied to the kids traveling.

The post I was talking about involved the interview - the USEM wanted something from the father before the visa was approved. Darn, I wish I could find the post, but I can't. It probably doesn't related to this post so probably no worries like others have said.

We are also in this situation, she has a son from a previous relationship, no contact this the biological father. She was issued a "Solo Parent ID" and since our marriage was sold by the local social worker that she is no longer considered a solo parent since she is now married.

She will be bringing her old "Solo Parent ID" with her to the Embassy Interview as proof that the bio-father has had nothing to do with raising/supporting OUR SON.