Need help bringing Step Children over from Philippines

[smoedog 0]

Well me and my wife were just dealt a devistating blow. After misunderstanding the instructions on the US Embassy web page about how to bring over our children, we found out that it only applied to K visa and not Immigrant Visas.

So right now my wife is on her CR-1 Visa. I take it I need to file a I-130 on there behalf. Whats the fastest way we can get them over here? Also there fathers name isn't on their Birth Certificates...Will that cause any problems. And Would it be possible to get the over here on a tourist visa, while there Immigrant Visa is Processing? Obviously not to stay and wait till its done, but maybe have them here for a month or so then we can send them back to finish waiting?

[Boiler 45,519]

Well me and my wife were just dealt a devistating blow. After misunderstanding the instructions on the US Embassy web page about how to bring over our children, we found out that it only applied to K visa and not Immigrant Visas.

So right now my wife is on her CR-1 Visa. I take it I need to file a I-130 on there behalf. Whats the fastest way we can get them over here? Also there fathers name isn't on their Birth Certificates...Will that cause any problems. And Would it be possible to get the over here on a tourist visa, while there Immigrant Visa is Processing? Obviously not to stay and wait till its done, but maybe have them here for a month or so then we can send them back to finish waiting?

Phillipines or Korea?

Visitor Visa for the former remote, slightly higher with the latter.

Most if not all Consulates would require the Father's permission duly notarised or a Court order.

[sunandmoon 450]

If the children were not 18 at the time you got married, you may petition them as a stepchild. you would file a I-130 for each one.

if the children were illegitimate, they would be in the sole custody of the mother. the father's name not being on their birth certificates will not be a problem. you will not need his permission. some may disagree with this, but it's in the Family Code of the Philippines.

I know from personal experience.

obtaining tourist visas for them could be very difficult.

[smoedog 0]

If the children were not 18 at the time you got married, you may petition them as a stepchild. you would file a I-130 for each one.

if the children were illegitimate, they would be in the sole custody of the mother. the father's name not being on their birth certificates will not be a problem. you will not need his permission. some may disagree with this, but it's in the Family Code of the Philippines.

I know from personal experience.

obtaining tourist visas for them could be very difficult.

I'll do the entire background.

Im military, I was stationed in Korea, where I met and Married my Wife. We filed her I-130 at the embassy in Korea. It wasn't approved by the time I had to leave. I came back to the US, she went to the Philippines. They approved her petition and I had it transferred to the embassy in the Philippines where they finaly issued her CR-1 Visa. My stepchildren are 7 and 9, and were as you say illegitimate. Their is no father listed on their Birth Certificates.

Now, Im looking for the fastest possible way to get them here. I was reading about the K-4 Visa...is that an option since my wife came over on a CR-1? Is there any other options other than filing the I-130, waiting the 6 months or so for it to be approved then waiting another 4 or so months for their visa to be issued in Philippines?

Everywhere I look for help I keep reading something along these lines:

If your child or son or daughter is legally in the U.S. when an immigrant visa number becomes available (or if one is not required), he or she may apply to adjust status to that of a lawful permanent resident using the Form I-485.

How can I get the here Legally while we wait for the process?

You guys have been a great help thusfar...Keep it up lol.

[sunandmoon 450]

your wife would have had to come here on a K-3 to be able to use K-4. other than immigrant or tourist visas, don't know what other options there are for the children coming here.

best of the with the process of bringing the children here.

[Boiler 45,519]

Usually you would have filed for the Step Children with the wife, you did not do so, the reason probably does not matter

Realistically you have to wait the process out, your wife can activate her Green Card within the 6 months allowed and then go back and wait with them.

I will take the word of the other poster about Phillipines law, but you are also dealing with the US Consulate, usually they require something more, an affadavit from the father giving his permission would save a lot of possible hassles.

You could apply for a Visitors visa, no downside other than the application fee. A long shot.

[sunandmoon 450]

I will take the word of the other poster about Phillipines law, but you are also dealing with the US Consulate, usually they require something more, an affadavit from the father giving his permission would save a lot of possible hassles.

You could apply for a Visitors visa, no downside other than the application fee. A long shot.

I'm not saying not to obtain a document if you choose to do so, just that it's not required if was not married to the father and his name is not listed on the bifrth certificate. not even one question was asked to my fiancee about her daughter's father.

Edited February 20, 2007 by Roy and Yazi