Bringing a baby/minor immediately with you in the US

[BrowneyedBeauty 0]

Hello guys,

I hope you can help me with my concerns....

I am married to a US citizen and we are currently processing our papers. He has filed for an I-130 already, have received NOA1 and waiting for our approval from USCIS.

My husband wants to petition my 7mo. old daughter as well (not his biological daughter, we'll bring her a few years from now) and thought that he had included her in the petition.

Here are my questions:

1. Should my husband file a separate I-130 form for my daughter?

2. What are the requirements?

3. One of the VJ members answered my other post (in a diff section of this forum), that "You have a potentially big problem. You cannot get a visa for your daughter unless you get her biological father's notarized permission to let her immigrate to the US."---- Is this still needed considering my situation (story below)?!?

Here's a little background of my life before my hubby:

I was a single mom before and was never married with the man in my previous relationship but had a daughter with him. When my daughter was born, I did not acknowledge my daughter's biological father. He ABANDONED us prior my (our) daughter's birth, so I decided not to use his surname nor put his name in her birth certificate.

I have no problems answering questions about the biological father IF it's going to be asked in the interview. My concern is that, why do I need the biological father's consent if he did not care about us in the first place??!

Please help me...Thanks in advance...

[RVIANE♛ 5]

Hello guys,

I hope you can help me with my concerns....

I am married to a US citizen and we are currently processing our papers. He has filed for an I-130 already, have received NOA1 and waiting for our approval from USCIS.

My husband wants to petition my 7mo. old daughter as well (not his biological daughter, we'll bring her a few years from now) and thought that he had included her in the petition.

Here are my questions:

1. Should my husband file a separate I-130 form for my daughter?

2. What are the requirements?

3. One of the VJ members answered my other post (in a diff section of this forum), that "You have a potentially big problem. You cannot get a visa for your daughter unless you get her biological father's notarized permission to let her immigrate to the US."---- Is this still needed considering my situation (story below)?!?

Here's a little background of my life before my hubby:

I was a single mom before and was never married with the man in my previous relationship but had a daughter with him. When my daughter was born, I did not acknowledge my daughter's biological father. He ABANDONED us prior my (our) daughter's birth, so I decided not to use his surname nor put his name in her birth certificate.

I have no problems answering questions about the biological father IF it's going to be asked in the interview. My concern is that, why do I need the biological father's consent if he did not care about us in the first place??!

Please help me...Thanks in advance...

regarding your concerns

1. YES

2. maybe somebody can help u this check the sample form on top of the page

3. if this guy is on your child birth cert then i think u will need his consent but if not then you dont have any problem

somebody can correct if im wrong

[tallcoolone 102]

Have you went to NSO recently and pulled a BC on your child.

It is possible that the Biological Father has filed a BC at NSO also

[BrowneyedBeauty 0]

Have you went to NSO recently and pulled a BC on your child.

It is possible that the Biological Father has filed a BC at NSO also

@tallcoolone: Will get an NSO birth certificate of my daughter first...

@DianneWalgreens:Will check out the sample form as well...

Thanks, guys...<3

[tallcoolone 102]

I hope the USEM makes the Biological Father (If his name is on the BC) attend the Interveiw also.

I suspect they may only want a Notarized Statement. Notarized statements are a dime a dozen and it's so easy to be Notary in USA.

[MayaLar 0]

Hello guys,

I hope you can help me with my concerns....

I am married to a US citizen and we are currently processing our papers. He has filed for an I-130 already, have received NOA1 and waiting for our approval from USCIS.

My husband wants to petition my 7mo. old daughter as well (not his biological daughter, we'll bring her a few years from now) and thought that he had included her in the petition.

Here are my questions:

1. Should my husband file a separate I-130 form for my daughter?

2. What are the requirements?

3. One of the VJ members answered my other post (in a diff section of this forum), that "You have a potentially big problem. You cannot get a visa for your daughter unless you get her biological father's notarized permission to let her immigrate to the US."---- Is this still needed considering my situation (story below)?!?

Here's a little background of my life before my hubby:

I was a single mom before and was never married with the man in my previous relationship but had a daughter with him. When my daughter was born, I did not acknowledge my daughter's biological father. He ABANDONED us prior my (our) daughter's birth, so I decided not to use his surname nor put his name in her birth certificate.

I have no problems answering questions about the biological father IF it's going to be asked in the interview. My concern is that, why do I need the biological father's consent if he did not care about us in the first place??!

Please help me...Thanks in advance...

Hi there!

Here's a link that would give you answers regarding child custody...in your case it is not that complicated because as you have stated she is not carrying father's name and not listed on her BC.

http://www.visajourney.com/forums/index.php?showtopic=147609

Hope this helps....

Edited December 18, 2009 by MayaLar

[annaprice 17]

Here are my questions:

1. Should my husband file a separate I-130 form for my daughter?

2. What are the requirements?

3. One of the VJ members answered my other post (in a diff section of this forum), that "You have a potentially big problem. You cannot get a visa for your daughter unless you get her biological father's notarized permission to let her immigrate to the US."---- Is this still needed considering my situation (story below)?!?

hi there we have the same case. Mine though is worst,My ex acknowledge my son.So my son is carrying my ex's last name.Late Last yr i met my super handsome and very loving husband. Early this yr he visited the philippines and we got married. April he submitted I130 for me and gabby (One for me and one for gabby). So when its time for us to submit DS230 we included documents to support that im the one and only legal parent of my son.

Here is my husband profile : http://www.visajourney.com/forums/index.php?showuser=65603

click on the link and youll find the documents we submitted.

Goodluck if you have any questions feel free to PM me here

[Deputy Purple 1,294]

Even if the Bio-father is listed on the BC there is no problem. Once you get to the NVC submit copies of the info contained in the link in my signature. It is the PH laws regarding bio-fathers of children born out of wedlock having NO PARENTAL RIGHTS WHATSOEVER unless they have gone to court to seek them.

In our case my wife's 2 yr old son's bio-father did sign the back of the BC and he carries the father's family name. We included the print-outs and there were never any questions.

[ronalyn 0]

hi! well, we are in the same boat but i am already finished with my journey as far as paperwork, medical and interview is concerned. anyway, my husband is also a USC and he filed a separate petition for me (IR-1) and my 4yr old son (IR-2) who is not his own. FYI: just like you, I was a single mom when I met my now husband. And since the relationship I had with son's bilogical father didn't went well when I was already pregnant, I decided to let my child have my family name. So in his birth certificate, the part wherein info about the father is asked, it is already blanked or UNKNOWN. Since you did the same thing, you will no longer need to secure a consent from your daughter's biological father in order for her to travel with you to the US or anywhere else in the world. All that your husband needs to submit to USCIS is your daughter's birth certificate from NSO.

Hello guys,

I hope you can help me with my concerns....

I am married to a US citizen and we are currently processing our papers. He has filed for an I-130 already, have received NOA1 and waiting for our approval from USCIS.

My husband wants to petition my 7mo. old daughter as well (not his biological daughter, we'll bring her a few years from now) and thought that he had included her in the petition.

Here are my questions:

1. Should my husband file a separate I-130 form for my daughter?

YES! like in my case, my husband filed a separate petition for me (IR-1) and my son (IR-2).

2. What are the requirements?

for your daughter, only her birth certificate from NSO

3. One of the VJ members answered my other post (in a diff section of this forum), that "You have a potentially big problem. You cannot get a visa for your daughter unless you get her biological father's notarized permission to let her immigrate to the US."---- Is this still needed considering my situation (story below)?!?

NO! You will not have a big problem on your daughter's paperwork because I did not encounter any with my son's petition; not letting your daughter use his biological father's surname was a blessing in disguise because you will no longer need to secure a consent/permit to travel from your daughter's biological father which is usually released by DSWD. I can say, Take it from me because we are in the same boat. I mean, I was also a single mom when I met my husband (now). And just like you, I did not let my son use his biological father's surname leaving the "father" in that part of the daughter's birth certificate UNKNOWN.

Well, you can always pm me if ever you want to ask something. My son and I are already finished with our journey as far as our paperwork is concerned. We will be leaving for US by March or earlier. Gob bless!

Here's a little background of my life before my hubby:

I was a single mom before and was never married with the man in my previous relationship but had a daughter with him. When my daughter was born, I did not acknowledge my daughter's biological father. He ABANDONED us prior my (our) daughter's birth, so I decided not to use his surname nor put his name in her birth certificate.

I have no problems answering questions about the biological father IF it's going to be asked in the interview. My concern is that, why do I need the biological father's consent if he did not care about us in the first place??!

Please help me...Thanks in advance...

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

Pinay Wife had found the actual Philippine Law on this awhile back and we really should have this a pinned topic, but basically, as far the Philippine Law is concerned, a woman has sole legal custodianship of her children born outside of marriage.

I'm not sure though on postponing filing for the child in a few years from now, but I would consult with a immigration attorney there in the PH. Typically though, you would include your child on the initial petition as a K-2 and the visa granted for the dependent is good for up to a year. However, if you want to wait longer, it's best to find out how to do so legally.

[Pinay Wife 47]

Pinay Wife had found the actual Philippine Law on this awhile back and we really should have this a pinned topic, but basically, as far the Philippine Law is concerned, a woman has sole legal custodianship of her children born outside of marriage.

Here they are (thanks, Steven)

CAN A TRAVEL CLEARANCE BE ISSUED TO ILLEGITIMATE CHILDREN WHO ARE STILL APPLYING FOR THEIR VISA IN THE EMBASSY?

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

Illegitimate children are under the custody of the mother. If they will be traveling with the mother, they are not required to secure a travel clearance from the DSWD. If they are traveling with person other than the mother, they must secure a travel clearance.

Family Code of the Philippines

http://www.chanrobles.com/executiveorderno209.htm

Art. 176. Illegitimate children shall use the surname and shall be under the parental authority of their mother, and shall be entitled to support in conformity with this Code. The legitime of each illegitimate child shall consist of one-half of the legitime of a legitimate child. Except for this modification, all other provisions in the Civil Code governing successional rights shall remain in force. (287a)

For more info

http://www.census.gov.ph/data/civilreg/birth.html