Do I need an Affidavit of Consent (AOC) from my ex?

[marriedtomrg 141]

My husband is getting ready to file I-130 petitions for me and my daughter from a previous marriage, she is 10 years old.

When we receive the transfer notices and receipt notices for the I-130s, we will file the I-129F so we can obtain K3 and K4 visas, respectively.

Our main concern is when we are finally notified to have our medicals done and schedule our our interview at the U.S. Embassy.

What we need to determine is if the U.S. Embassy will require me to present an Affidavit of Consent (AOC) from my ex-husband, when I am the primary custodian of our daughter.

I swear, we have searched high and low for the answer to this question, and we keep hitting a wall every time. Even those immigration attorneys we hired couldn't tell us with any kind of certainty if we need an AOC or not.

Needless to say, my husband and I are quite worried. We want so much to start the K3/K4 proceedings, but if we do need an AOC, given our limited resources, then we may have to defer filing the I-130 and also plan on how to secure one from my ex --- even if it means resorting to legal/court proceedings --- as he will not sign one willingly and knowingly anytime soon.

But man, if we knew for sure we do not need an AOC, we would be so grateful and relieved and pour our planning and focus on moving to the U.S. in the near future without incident.

The annulment proceedings between my ex-husband and I were somewhat amicable, however prior to that, he and his parents and his sisters had taken my daughter from me when she was 3 years old and kept her for a year (they had her between March 2002 to February 2003).

I had to go to court to file a Habeas Corpus petition so I can get her back (she was returned to me March 2003).

I started the annulment proceedings the following year (July 2004), and was granted the annulment November 2005.

On the decision, it states verbatim (personal information blanked):

Judgment is hereby rendered declaring null and void the marriage between [me] and [my ex] celebrated on [the date we were married] at [the place we were married] and awarding custody of the minor [our daughter] to petitioner and visitation rights on the respondent.

Where I am the petitioner and my ex-husband is the respondent.

If you look up the DSWD website, the DSWD does not require you to secure travel clearance from them if ONE or BOTH the biological parents are accompanying their minor child(ren).

At least that much is clear.

I can find nothing on the U.S. Embassy Manila website that answers this question, which is so important for the peace of mind and future of our family.

If there is anyone out there who can help us, we would really appreciate it.

[Anh map 2,098]

Have you called the embassy to ask?

[JayVee 0]

My husband is getting ready to file I-130 petitions for me and my daughter from a previous marriage, she is 10 years old.

When we receive the transfer notices and receipt notices for the I-130s, we will file the I-129F so we can obtain K3 and K4 visas, respectively.

Our main concern is when we are finally notified to have our medicals done and schedule our our interview at the U.S. Embassy.

What we need to determine is if the U.S. Embassy will require me to present an Affidavit of Consent (AOC) from my ex-husband, when I am the primary custodian of our daughter.

I swear, we have searched high and low for the answer to this question, and we keep hitting a wall every time. Even those immigration attorneys we hired couldn't tell us with any kind of certainty if we need an AOC or not.

Needless to say, my husband and I are quite worried. We want so much to start the K3/K4 proceedings, but if we do need an AOC, given our limited resources, then we may have to defer filing the I-130 and also plan on how to secure one from my ex --- even if it means resorting to legal/court proceedings --- as he will not sign one willingly and knowingly anytime soon.

But man, if we knew for sure we do not need an AOC, we would be so grateful and relieved and pour our planning and focus on moving to the U.S. in the near future without incident.

The annulment proceedings between my ex-husband and I were somewhat amicable, however prior to that, he and his parents and his sisters had taken my daughter from me when she was 3 years old and kept her for a year (they had her between March 2002 to February 2003).

I had to go to court to file a Habeas Corpus petition so I can get her back (she was returned to me March 2003).

I started the annulment proceedings the following year (July 2004), and was granted the annulment November 2005.

On the decision, it states verbatim (personal information blanked):

Judgment is hereby rendered declaring null and void the marriage between [me] and [my ex] celebrated on [the date we were married] at [the place we were married] and awarding custody of the minor [our daughter] to petitioner and visitation rights on the respondent.

Where I am the petitioner and my ex-husband is the respondent.

If you look up the DSWD website, the DSWD does not require you to secure travel clearance from them if ONE or BOTH the biological parents are accompanying their minor child(ren).

At least that much is clear.

I can find nothing on the U.S. Embassy Manila website that answers this question, which is so important for the peace of mind and future of our family.

If there is anyone out there who can help us, we would really appreciate it.

[/quot

Hello There,

I have a friend here who petition her 16y/o son from her previous marriage and already here in the US beg his Father to sign AOC before the interview date because the US Embassy required them to present one... Maybe you can talk to your ex-husband and explain about your daugther's future especially the kind of education you can give if you can bring her w/ you here before filing any legal proceedings...I hope you can settle this before your husband start to file his petition...Goodluck and GODBLESS:-)

[marriedtomrg 141]

Hi JayVee.

I have a question: Was your friend's marriage annulled? Does she have an annulment decision with the provision on child custody? If her marriage was not annulled and there is no custody order, then of course, the U.S. Embassy will ask for an affidavit of consent.

In my case, my previous marriage was annulled, and I have been given primary custody of our daughter. However, I couldn't find any definitive information from the U.S. Embassy regarding if I would still need an Affidavit of Consent when I do have legal custody.

Thanks for the input. I appreciate you trying to help.

My husband is getting ready to file I-130 petitions for me and my daughter from a previous marriage, she is 10 years old.

When we receive the transfer notices and receipt notices for the I-130s, we will file the I-129F so we can obtain K3 and K4 visas, respectively.

Our main concern is when we are finally notified to have our medicals done and schedule our our interview at the U.S. Embassy.

What we need to determine is if the U.S. Embassy will require me to present an Affidavit of Consent (AOC) from my ex-husband, when I am the primary custodian of our daughter.

I swear, we have searched high and low for the answer to this question, and we keep hitting a wall every time. Even those immigration attorneys we hired couldn't tell us with any kind of certainty if we need an AOC or not.

Needless to say, my husband and I are quite worried. We want so much to start the K3/K4 proceedings, but if we do need an AOC, given our limited resources, then we may have to defer filing the I-130 and also plan on how to secure one from my ex --- even if it means resorting to legal/court proceedings --- as he will not sign one willingly and knowingly anytime soon.

But man, if we knew for sure we do not need an AOC, we would be so grateful and relieved and pour our planning and focus on moving to the U.S. in the near future without incident.

The annulment proceedings between my ex-husband and I were somewhat amicable, however prior to that, he and his parents and his sisters had taken my daughter from me when she was 3 years old and kept her for a year (they had her between March 2002 to February 2003).

I had to go to court to file a Habeas Corpus petition so I can get her back (she was returned to me March 2003).

I started the annulment proceedings the following year (July 2004), and was granted the annulment November 2005.

On the decision, it states verbatim (personal information blanked):

Judgment is hereby rendered declaring null and void the marriage between [me] and [my ex] celebrated on [the date we were married] at [the place we were married] and awarding custody of the minor [our daughter] to petitioner and visitation rights on the respondent.

Where I am the petitioner and my ex-husband is the respondent.

If you look up the DSWD website, the DSWD does not require you to secure travel clearance from them if ONE or BOTH the biological parents are accompanying their minor child(ren).

At least that much is clear.

I can find nothing on the U.S. Embassy Manila website that answers this question, which is so important for the peace of mind and future of our family.

If there is anyone out there who can help us, we would really appreciate it.

Hello There,

I have a friend here who petition her 16y/o son from her previous marriage and already here in the US beg his Father to sign AOC before the interview date because the US Embassy required them to present one... Maybe you can talk to your ex-husband and explain about your daugther's future especially the kind of education you can give if you can bring her w/ you here before filing any legal proceedings...I hope you can settle this before your husband start to file his petition...Goodluck and GODBLESS:-)

[Mrs.Cage 0]

Hi,

My first was annulled as well and I was granted custody of our 2 kids, however, I still sent a notarized Affidavit of Consent to USCIS when we applied, i think it's listed as one of the requirements for filing.

It would help if you and your ex could talk civilly about this issue.

[happywifeymom 4]

My husband is getting ready to file I-130 petitions for me and my daughter from a previous marriage, she is 10 years old.

When we receive the transfer notices and receipt notices for the I-130s, we will file the I-129F so we can obtain K3 and K4 visas, respectively.

Our main concern is when we are finally notified to have our medicals done and schedule our our interview at the U.S. Embassy.

What we need to determine is if the U.S. Embassy will require me to present an Affidavit of Consent (AOC) from my ex-husband, when I am the primary custodian of our daughter.

I swear, we have searched high and low for the answer to this question, and we keep hitting a wall every time. Even those immigration attorneys we hired couldn't tell us with any kind of certainty if we need an AOC or not.The only thing that gives me hope is DSWD would not require consent to travel since I will be for sure travelling with my 2 kids.

Needless to say, my husband and I are quite worried. We want so much to start the K3/K4 proceedings, but if we do need an AOC, given our limited resources, then we may have to defer filing the I-130 and also plan on how to secure one from my ex --- even if it means resorting to legal/court proceedings --- as he will not sign one willingly and knowingly anytime soon.

But man, if we knew for sure we do not need an AOC, we would be so grateful and relieved and pour our planning and focus on moving to the U.S. in the near future without incident.

The annulment proceedings between my ex-husband and I were somewhat amicable, however prior to that, he and his parents and his sisters had taken my daughter from me when she was 3 years old and kept her for a year (they had her between March 2002 to February 2003).

I had to go to court to file a Habeas Corpus petition so I can get her back (she was returned to me March 2003).

I started the annulment proceedings the following year (July 2004), and was granted the annulment November 2005.

On the decision, it states verbatim (personal information blanked):

Judgment is hereby rendered declaring null and void the marriage between [me] and [my ex] celebrated on [the date we were married] at [the place we were married] and awarding custody of the minor [our daughter] to petitioner and visitation rights on the respondent.

Where I am the petitioner and my ex-husband is the respondent.

If you look up the DSWD website, the DSWD does not require you to secure travel clearance from them if ONE or BOTH the biological parents are accompanying their minor child(ren).

At least that much is clear.

I can find nothing on the U.S. Embassy Manila website that answers this question, which is so important for the peace of mind and future of our family.

If there is anyone out there who can help us, we would really appreciate it.

I had the same concern as we are on the process of getting my kids here. I asked so many about this but some ppl here says NO some say YES though i still don't know what to do since i don't know where the father is or if he is still alive.

In my case we were not married legally and the kids are with me ..some said i dont need the AOC since we are not married. I really do hope i won't be asked of this AOC coz i am sure the father would never give his permission.The only thing that gives me hope is DSWD will not ask for the clearance since i will be travelling for sure with my kids. Read some of my posts and you will see ppl's answer to this same question I had.

Edited May 1, 2009 by happywifeymom

[marriedtomrg 141]

Found the following on the US Embassy Manila Website:

(source: http://manila.usembassy.gov/wwwhniv5.html)

If the child is traveling with only one parent, or with someone who is not their parent, what document(s) do we need to present?

For minor Philippine national (17 years old and below under Philippine law) applicant:

a) Legitimate / legally adopted son or daughter

a. If traveling with only one parent or with someone who is not the child’s parent, an authorization from the Philippine Department of Social Welfare and Development (DSWD) is required.

b. If the accompanying adult is the natural mother or the natural father who is married to the natural mother, only a DSWD Parental Travel Permit is required.

c. If the accompanying adult is any other relative or adult, or the natural father who is not married to the child's mother, a DSWD Certificate for Minor to Travel Abroad is required.

B ) Illegitimate son or daughter

If traveling with only the mother, a travel permit, certification or authorization from the DSWD is not required. If traveling with only the biological father, a court order is required.

And here is what the Department of Social Welfare (DSWD) says:

(source: http://www.dswd.gov.ph/faqdetails.php?id=47)

TRAVEL CLEARANCE FOR MINORS

A travel clearance is a document issued by the DSWD to a Filipino child (below 18 years of age) traveling abroad alone or with someone other than his/her parents.

View DSWD ADMINISTRATIVE ORDER NO. 2, SERIES OF 2006

WHO NEEDS A TRAVEL CLEARANCE?

A minor traveling alone to a foreign country;

A minor traveling to a foreign country accompanied by a person other than his or her parents.

WHO DOES NOT NEED TRAVEL CLEARANCE?

All minors other than those cited above, for example:

• A minor traveling to a foreign country with either parent or with his or her solo parent or legal guardian;
• A minor traveling abroad whose parents are in the Foreign Service or living abroad or are immigrants, provided he/she is holding a valid pass such as a dependents visa/pass/identification card or permanent resident visa/pass/identification card which serves as proof that he/she is living with parents abroad and their travel does not constitute child trafficking.

Just a note before offering a response:

- my previous marriage was annulled, and I have legal custody of our 10 year old daughter

So...how would you guys interpret the information above? Does anyone think I need an Affidavit of Consent from my ex-husband? Or can anyone who has had similar experience confirm whether I need it or not?

Please help...thanks!

Edited May 3, 2009 by marriedtomrg