Is Baby of I-129F automatic derivative beneficiary?

[JimS 1]

Hello:

We filed a fiancee visa back in August to bring my girl friend to whom I'm engaged to the U.S.

In the packet mailed to USCIS lock box in Dallas, was included the birth certificate of her chile who is 2 years, 5 months old. Also included a G-325A for the child.

The whereabouts of the father are unknown.

The child's name is included on the I-129F application.

I know that Philippines requires a letter from a judge cerifiying the custodial parent has full custody and the non-resident father is not in residence.

Is the child automatically included in the I-129F visa application as a derivative beneficiary? What must be done to included the child to accompany her mother to the U.S. when the visa is granted?

Thanks for any information you can provide!

Jim Sassman

[AR and BA 5]

As long as you listed the child in the I-129f it will be automatically be as beneficiary (K2).

[JimS 1]

As long as you listed the child in the I-129f it will be automatically be as beneficiary (K2).

Thank you so much for your quick answer! I'm very excited to see this reply! We have followed all the instructions, as far as I know, to submit the I-129F application. We were just not sure where to find the answer to this question.

Again, thanks so much!

Jim

[AR and BA 5]

You are welcome. I also put my son on the I-129f and he is now eligible for K2. No need for father's consent as well as long as they were not married.

[Ryan H 3,812]

Moved from What Visa Do I Need - Family Based Immigration forum to K1 Process & Procedures.

[Al422 221]

In accordance with Philippines law, a father who has never married the mother and who abandoned the child has zero rights in the child. You do not need anything from him to bring the child to the US.

[NikLR 13,227]

You still need to pay for a k2 visa and have the child attend the interview with their mother.

[JimS 1]

You still need to pay for a k2 visa and have the child attend the interview with their mother.

What is the process for paying the K2 visa fee? Will this be billed by NVC after the application is approved or is it paid as part of the fees assessed by the U.S. Embassy in the Philippines?

Thanks for your help!

Jim

[KayDeeCee 4,893]

You did not need to send the birth certificate or a G-325A form for the child. It only needed to be listed on the I-129F petition.

You will apply for the K-2 visa for the child at the same time as the K-1 visa for the mother(unless they are a follow-to-join). You will need to fill out the same forms for the K-2 and pay the same visa processing fee as you do for the K-1. They will also require a medical.

This goes through the consulate in Manila. Here are the instructions for your consulate >http://photos.state.gov/libraries/manila/1178798/29DEC2014/K1%20and%20K2%20Interview%20Preparation%20Instructions%20-%20English%20_updated%2029%20DEC%202014_.pdf

[JimS 1]

In accordance with Philippines law, a father who has never married the mother and who abandoned the child has zero rights in the child. You do not need anything from him to bring the child to the US.

Some place I read that a beneficiary needs a judge's statement that the child is free to leave the Philippines and is in complete custody of the mother since the father is unknown or not listed on the birth certificate.

This evidence in the form of a statement signed by a judge is necessary to pass through immigration to leave the Philippines--according to what I've read in another place on Visajourney.com.

Thanks for any information you can provide.

Jim

[baron555 934]

As long as you listed the child in the I-129f it will be automatically be as beneficiary (K2).

No......not exactly. ALL children are listed on the 129 form, regardless of immigration intent. A separate 325a form for the child was not required.

You will list any children that you wish to have a K-2 visa on the DS-160 (or 260?) form that you fill out online before the interview.

[apple21 953]

Some place I read that a beneficiary needs a judge's statement that the child is free to leave the Philippines and is in complete custody of the mother since the father is unknown or not listed on the birth certificate.

This evidence in the form of a statement signed by a judge is necessary to pass through immigration to leave the Philippines--according to what I've read in another place on Visajourney.com.

Thanks for any information you can provide.

Jim

You are misinformed.

Illegitimate children in the Philippines are in the full and sole custody of the mother even if the father's name is written on the birth certificate or even if the father is "unknown".

For immigration purposes, the US Embassy and Philippine immigration at the airport are fully aware of it, NOTHING is required from the father. The father has ZERO participation in the process. You don't need anything from him.

[JimS 1]

You are misinformed.

Illegitimate children in the Philippines are in the full and sole custody of the mother even if the father's name is written on the birth certificate or even if the father is "unknown".

For immigration purposes, the US Embassy and Philippine immigration at the airport are fully aware of it, NOTHING is required from the father. The father has ZERO participation in the process. You don't need anything from him.

I'm not sure about this? Where is the information that shows what you say to be the case?

If this is not true, there are a lot of misinformed posters to Visajouney.com because that is where the information came from as I said...

Jim

[NikLR 13,227]

Not everyone on VJ has been posting for as long as some others or are as well informed. Because the parental consent is needed in some countries, some people automatically assume it means all countries. But it is not needed for the Philippines as long as the child is illegitimate (the parents were not married.)

I'm unsure if it would be needed if the parents had their marriage annulled however. Perhaps Apple would know that.

Edited January 23, 2015 by NLR

[KayDeeCee 4,893]

I'm not sure about this? Where is the information that shows what you say to be the case?

If this is not true, there are a lot of misinformed posters to Visajouney.com because that is where the information came from as I said...

Jim

http://www.lepitenbojos.com/old/index.php?option=com_content&view=article&id=101:the-mother-has-parental-authority-over-her-illegitimate-child&catid=65:legal-notes