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K1 with son

By clangdj in Philippines

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clangdj Rookie

clangdj   0

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Filed: Lift. Cond. (pnd) Country: Philippines
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hi everyone!! i just want to know if it is possible or is it ok if my fiance will file the petition k1 and it include my son but the problem is my sons last name is not the same as mine? are we going to have a problem with that?? thank you!

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TexasTee2u Newbie

TexasTee2u   0

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Filed: K-1 Visa Timeline
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There will not be a problem as long as he is included in the visa application and when you go for the interview you can prove that he is your son with a birth certificate. If the fathers name is on the birth certificate, you will need to prove that you have custody of him from a divorce, or if there was no marriage or divorce, you will need father's permission. You will also need father's permission if he has access to the children in the divorce papers. The embassy will let you know what you need, and this must be provided at the interview. See this thread as well:

http://www.visajourney.com/forums/topic/53843-k-2-visa-non-custodial-parents-notification-consent/

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clangdj Rookie

clangdj   0

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Filed: Lift. Cond. (pnd) Country: Philippines
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but the problem is i dont know where his father is.. we've been seperated for almost 5 years and my son is turning 6 already.. how can i provided anydocuments from that?? there is no marriage or annulment happens...



There will not be a problem as long as he is included in the visa application and when you go for the interview you can prove that he is your son with a birth certificate. If the fathers name is on the birth certificate, you will need to prove that you have custody of him from a divorce, or if there was no marriage or divorce, you will need father's permission. You will also need father's permission if he has access to the children in the divorce papers. The embassy will let you know what you need, and this must be provided at the interview. See this thread as well:

http://www.visajourney.com/forums/topic/53843-k-2-visa-non-custodial-parents-notification-consent/

but the problem is i dont know where his father is.. we've been seperated for almost 5 years and my son is turning 6 already.. how can i provided anydocuments from that?? there is no marriage or annulment happens...

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clangdj Rookie

clangdj   0

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Filed: Lift. Cond. (pnd) Country: Philippines
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Yes, your son will be under K2. What is the reason your son's name is different from yours? If its because ur anulled, you have to provide an annulment decree or divorce papers...

but the problem is i dont know where his father is.. we've been seperated for almost 5 years and my son is turning 6 already.. how can i provided any documents from that?? there is no marriage or annulment happens...

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skiptex Proficient

skiptex   225

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Filed: AOS (apr) Country: Venezuela
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but the problem is i dont know where his father is.. we've been seperated for almost 5 years and my son is turning 6 already.. how can i provided any documents from that?? there is no marriage or annulment happens...

yep. thats a problem :(

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clangdj Rookie

clangdj   0

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Filed: Lift. Cond. (pnd) Country: Philippines
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yep. thats a problem sad.png

so you mean that is going to be a big problem?? even if my son knows that his father is my fiance?? actually he doesnt meet his bio father eversince.. my son doesnt even know his fathers name.. if you ask him what is the name of his father he will just answer my fiances name and call him daddy eversince..

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reginaglenn Community Regular

reginaglenn   25

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Filed: Citizen (apr) Country: Philippines
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hi everyone!! i just want to know if it is possible or is it ok if my fiance will file the petition k1 and it include my son but the problem is my sons last name is not the same as mine? are we going to have a problem with that?? thank you!

There's no problem with different last names, if that's your question. But his bio father is listed on his BC, i think you have to consult an atty. on this. , so you can avoid potential problems down the road.

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                                                               == I am the beneficiary==
AOS - K1 & K2
03-04-2014 ( Day 01) - Mailed
03-06-2014 ( Day 02) - Received
03-17-2014 ( Day 13) - Text and E-mail Notification at 12:50 am
03-21-2014 ( Day 17) - Received I-797C NOA (AOS, AP & EAD) hard copies - 6 mails
03-24-2014 ( Day 20) - Received I-797C NOA (ASC Appointment Notice/ Biometrics schedule) - 2 mails
04-09-2014 ( Day 36) - Biometrics Schedule @ 10&11am
05-30-2014 ( Day 87) - Received EAD combo card (K2 only)
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06-12-2014 ( Day 100)- I 485 ( both k1 & k2 ) - Mailed the new card
06-14-2014 ( Day 102)- GC ( both K1 & k2) - Received

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03-22-2016 ( Day 05) - NOA1

04-19-2016 ( Day 27) - Biometrics Appt. ( only K1 admitted, no K2 Bio Appt. letter received)

03-13-2017 ( Day 328) - Received Biometrics Appt. letter for K2 ( yes, almost a year of waiting!) Scheduled for March 22, 2017

03-22-2017 ( Day 337) - Biometrics Appt. (K2)

04-19-2017 ( Day 364)- USCIS status changed from "Case Was Received" to "Name Updated" (Only the K1 case)

04-26-2017 ( Day 371)-  USCIS status changed from " Name Updated" to "New Card Is Being Produced" ( both K1 and K2 app)

05-01-2017 ( Day 376)-   USCIS status changed from "New Card Is Being Produced" to "Card Was Mailed To Me" ( K2 case)

05-02-2017 ( Day 377)-   USCIS status changed from "New Card Is Being Produced" to "Card Was Mailed To Me" ( K1 case)

05-04-2017 ( Day 379)-  Received GC in the mail ( K2)

05-05-2017 ( Day 380)-  Received GC in the mail ( K1)

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03-10-2017 ( Day 01) - Mailed

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baron555 Veteran

baron555   934

Posted
Filed: AOS (apr) Country: Kenya
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Posted

Names don't matter but you must be listed as the mother on the BC, and if there is a father listed tgen you must obtain a notarized letter from him allowing permanent residence in the US and freedom to travel back to his home country and then return yo the US.

Phil (Lockport, near Chicago) and Alla (Lobnya, near Moscow)

As of Dec 7, 2009, now Zero miles apart (literally)!

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Hank_ Grand Master

Hank_   9,174

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Filed: Other Country: Philippines
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Posted (edited)

There will not be a problem as long as he is included in the visa application and when you go for the interview you can prove that he is your son with a birth certificate. If the fathers name is on the birth certificate, you will need to prove that you have custody of him from a divorce, or if there was no marriage or divorce, you will need father's permission. You will also need father's permission if he has access to the children in the divorce papers. The embassy will let you know what you need, and this must be provided at the interview. See this thread as well:

http://www.visajourney.com/forums/topic/53843-k-2-visa-non-custodial-parents-notification-consent/

If she is from the Philippines the (single) mother always had sole custody of the child, she needs nothing from the father. There is no such thing as divorce in the Philippines either.

Names don't matter but you must be listed as the mother on the BC, and if there is a father listed tgen you must obtain a notarized letter from him allowing permanent residence in the US and freedom to travel back to his home country and then return yo the US.

If she is from the Philippines that isn't necessary. Profile doesn't say... so I wonder.

Edited by Hank_

Hank

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TexasTee2u Newbie

TexasTee2u   0

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Filed: K-1 Visa Timeline
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The laws are different in different countries. If the father is listed on the birth certificate and the child has his last name as you say, then you will need an attorney to tell you the steps in that country to remove his parental rights. If he has abandoned the child in this manner, then there will be procedures to do this. General procedures from my experience will include a sincere effort for a specific amount of time to locate the father. Once this has been completed, then the parental rights of the father should be removed. What country are you located in?

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Pitaya Grand Master

Pitaya   2,577

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Filed: Lift. Cond. (apr) Country: China
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The laws are different in different countries. If the father is listed on the birth certificate and the child has his last name as you say, then you will need an attorney to tell you the steps in that country to remove his parental rights. If he has abandoned the child in this manner, then there will be procedures to do this. General procedures from my experience will include a sincere effort for a specific amount of time to locate the father. Once this has been completed, then the parental rights of the father should be removed. What country are you located in?

Welcome to the forum. That seems to be the question of the day regarding this thread. Unfortunately, the OP neglected to provide sufficient information. I think that most of us would be apt to agree that the laws are different in different countries. Therefore, any recommendations are purely speculative until more information is forthcoming from the OP. innocent.gif

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clangdj Rookie

clangdj   0

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Filed: Lift. Cond. (pnd) Country: Philippines
 Timeline
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thank you for all your reply vj family.. i really appreciate it.. anyway im from the philippines so i think there will be no problem with my fiance petition since i am a single mom.. but to make it sure i will seek for atty.'s advice.. thanks again this is a big help for me.. smile.png

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baron555 Veteran

baron555   934

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Filed: AOS (apr) Country: Kenya
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Well then if one wants country-specific info then post the question in the appropriate regional forum and not in the general forum.

Well then if one wants country-specific info then post the question in the appropriate regional forum and not in the general forum.

Phil (Lockport, near Chicago) and Alla (Lobnya, near Moscow)

As of Dec 7, 2009, now Zero miles apart (literally)!

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