K2 follow to join questions

[RobLes0110 0]

Hi Everyone..

I have a questions and I hope you can help me guys. Let me start to give some background about me. I came here in US using a K1 visa on April 21, 2011. Right now I'm adjusting my status and I have interview this coming November. I have a son who is illegitimate child but he was acknowledged by his father so, the last name of my son is his father last name. When we filed for my visa I put his name on "follow to join" which I'm aware that I only have one year to get him. At first we don't have plan to get him because of my parents who are take care him since birth but anyway I put his name on follow to join just in case I change my mind which is now I did. I have read some information that I need to send I-824 to USCIS. I have a problem too because he don't have a passport yet which is I'm trying to work it now with my sister to give her power of attorney. I still have 6 months left. Now my questions are:

1.) How long is the process once I send I-824 to USCIS?

2.) Once the packet 3 sent in Manila Embassy how long I can get his appointment interview in Manila Embassy?

3.) Since my son was abandoned by his father and I don't have any idea where he was, Do I still have his consent?

This is sounds complicated but I hope someone who will help me to know this answers. I will appreciate your comments or suggestions.

God bless us!

[blackdahlia 0]

Hi there. Did you get answers to your questions already?

I'm currently undergoing the same process. My son has just finished his medical and is due for an embassy appointment on Nov. 23.

I-824 is processed anywhere between a month and 3 months. I got my approval I-797 after one month. And then you wait for another document from the National Visa Center that says "The State Department's National Visa Center has recently received an approved I-29F petition...." This would look EXACTLY LIKE the one you received when you applied for K1 visa, except that the Name of Fiance is the name of your son. And then your INS Receipt Number is the same one as the Receipt Number in the I-797 or Notice of Action for your approved I-824, and you get a new Case Number for your son. I got this document one month after receiving the I-797. So that's a total of 2 months.

I do not know the answer to your third question, but if neither of you (mother and father) are with him, and your sister is the one processing your son's documents, you will need to have a United States NOTARIZED Authorization of Temporary Guardianship. You probably SHOULD include in the statement that the son's father is incommunicado whose whereabouts you do not know. Below is a sample:

AUTHORIZATION OF TEMPORARY GUARDIANSHIP

THE PARTIES TO THIS AGREEMENT ARE:

THE PARENT

Name

Passport #

Florida Driver License, if applicable)

Address

(hereinafter referred to as "the Parent")

THE CHILD

Name

Passport #

Address

Birthdate

(hereinafter referred to as "the Child")

THE TEMPORARY GUARDIAN(s)

Name

Address

Contact Info

(hereinafter referred to as "the Temporary Guardian")

I, the Parent of the Child hereby grant temporary guardianship to the Temporary Guardian for the period from the ____ day of ____ 2011 and expiring on the ____ day of 2012.

1. I hereby acknowledge that the Child will reside with the Temporary Guardian and may travel locally (in the Philippines) with the Temporary Guardian.

2. I authorize the Temporary Guardian to act on my behalf in making all decisions on a daily basis as to the Child's activities.

3. I authorize the Temporary Guardian to administer general first aid treatment for minor injuries or illnesses experienced by the Child.

4. I authorize the Temporary Guardian to initiate, follow up, and accompany the Child in all activities related to the Child’s processing of legal documents, visa processing, and the processing of medical check-ups and requirements.

5. I authorize the Temporary Guardian to act in loco parentis for the Child in respect of any circumstances, including the application of preventive medicine, vaccination, and any accident or illness which may necessitate medical attention or treatment, including surgery, and on my behalf to authorize any such treatment or surgery which they, in their sole discretion, (which discretion shall not be unreasonably exercised), may deem necessary. Medical treatment for the Child may also include dental surgery, x-ray, blood transfusion, anesthetic and medication provided any such medical treatment is performed by a duly licensed practitioner.

6. I indemnify the Temporary Guardian against any and all claims whatsoever and howsoever arising, save where such claims arise from negligence, gross negligence or willful intent during the specified period of Temporary Guardianship.

7. I declare that I am the legal custodian of the Child and that I have legal authority to appoint a Temporary Guardian for the Child.

8. Unless inconsistent with the context, words signifying the singular shall include the plural and vice versa.

Signed at ______________________on this ______day of _________________20____

SIGNATURE _____________________________(Parent)

WITNESS: _____________________________

Name

License #

________________________________________

NOTARY PUBLIC SIGNATURE AND SEAL

If your son will be traveling alone, you also need to get a Travel Clearance from DSWD. And DSWD will need the following:

1. Application Form (downloadable in their website)

2. U.S. Notarized Authorization of Temporary Guardianship (document above)

3. U.S. Notarized Affidavit of Support and Consent of Travel of a Minor (sample below)

AFFIDAVIT OF SUPPORT AND CONSENT OF TRAVEL OF A MINOR

I, (Name), Filipino, of legal age and a resident of (Address) USA, after having been duly sworn on oath according to law, hereby depose and say:

1. That I am the legitimate parent of ________, who is ____ years old, and with passport No. ______ issued on ____ in ________, Philippines;

2. That my above-named son will be traveling to and from Manila anytime between ____ 2011 and ____ 2012 accompanied by his __

(aunt?)

______ and temporary legal guardian __

(name)

_____;

3. That I authorize __

(name)

_____, and the airline authorities to consent to any necessary routine or emergency medical treatment during the aforementioned trip to Manila;

4. That my above-named son is scheduled to leave for __

(state)

__ USA_ anytime between the __________ of _____ , 2011 and ____ of _____, 2012;

5. That I am giving our full consent to my said son to travel abroad alone;

6. That my above-named son will be fetched at the airport of arrival (possibly __

(name of Airport)

__) in the U.S., by me or by my husband—my son’s stepfather—__

(name)

__;

7. That for this purpose, I have sufficient and adequate financial capacity to support and defray the said travel and do hereby undertake to finance his trip abroad from the application fees, airline tickets, board and lodging, pocket money and such other expenses that he may incur so that he would neither be a burden to the state nor at his place of destination at any time during his trip abroad;

8. That there is no criminal case pending in court against him nor has he been charged of subversion, rebellion, insurrection or any crime or offense involving moral turpitude in any court of the Philippines;

__

(Your Name/Mother's Name)

__ has read the foregoing Affidavit of Support and Consent of Travel of a Minor by her subscribed, that the matters herein are true to the best of her information, knowledge and belief.

____________________________

(Your/Mother's Name

Passport #

SUBSCRIBED AND SWORN to before me this ___ day of _____, 2011, in __

(State)

__, United States of America.

_____________________________________

Notary Public Signature and Seal

Hi Everyone..

I have a questions and I hope you can help me guys. Let me start to give some background about me. I came here in US using a K1 visa on April 21, 2011. Right now I'm adjusting my status and I have interview this coming November. I have a son who is illegitimate child but he was acknowledged by his father so, the last name of my son is his father last name. When we filed for my visa I put his name on "follow to join" which I'm aware that I only have one year to get him. At first we don't have plan to get him because of my parents who are take care him since birth but anyway I put his name on follow to join just in case I change my mind which is now I did. I have read some information that I need to send I-824 to USCIS. I have a problem too because he don't have a passport yet which is I'm trying to work it now with my sister to give her power of attorney. I still have 6 months left. Now my questions are:

1.) How long is the process once I send I-824 to USCIS?

2.) Once the packet 3 sent in Manila Embassy how long I can get his appointment interview in Manila Embassy?

3.) Since my son was abandoned by his father and I don't have any idea where he was, Do I still have his consent?

This is sounds complicated but I hope someone who will help me to know this answers. I will appreciate your comments or suggestions.

God bless us!