Authorization Letter from Paternal Father

[sh1ela 0]

Hello everyone. I hope someone can help me. I am getting an authorization letter from my daughter's paternal father in the Philippines permitting her to leave permanently from Costa Rica to the United States. My questions are, because this letter is needed for me to get her an exit permit so she can leave Costa Rica, do I also need another authorization letter from the father permitting my daughter to enter United States from Costa Rica, and do i also need this letter when im going to my interview (k1 visa) to show that the father authorizing me to take the child out from Costa Rica and enter United States.

I have another question too:

Its been a week now that my case in the ceac website says READY. I called the Costa Rican embassy yesterday asking if they receive or is my case ready for me to book an interview, but I got a responsed from the guy saying that I better wait for the embassy to contact me and it will take 1-3 months. Im not sure if I believe him because the NOA2 letter stating an expiration date on my case and its only valid up to the month of October.

So, I am debating now, if I go ahead do my medical, submit me and my daughter ds-160 forms, pay visa fees and book an interview, or wait the email from the embassy for the instruction letter/packet 3.

Im worried, there might be more instructions or more documents needed on my case. Or is it really same instructions for everyone.

Thank You everyone for the help.

[Pitaya 2,577]

Why not just get several original notarized documents from the child's father stating his authorization for the child to leave Costa Rica and immigrate to the US? You may need several original notarized copies. The US embassy officials will certainly need to receive one original notarized letter to that effect. Not certain about the Costa Rican government, others will likely respond with appropriate responses.

~Moved from K1 Process to MLSA Regional Forum~

~At this stage of the process instructions/requirements can often be embassy/consulate-specific~

[sh1ela 0]

Thank you for your response. I thought I am getting an authorization letter from the father bUT now seems his changing his mind. The father has a life time imprisonment sentence and been in jail for at least 8 years now in the Philippines. Father and I we're never married but he is on the child's birth certificate.

The child left the Philippines and came here in Costa Rica with no problem even though I don't have a sole costudy court order documents on hand, because during that time my lawyer said I don't need one knowing the father current situation, we're not married and the child is under 7 yrs old so the law allows me to take her out of the country.

Now, the child is a Costa Rican citizen and my fiance petitioned us for k1-k2 visa. I do not know what to provide on my interview if they ask about authorization letter or consent from the father or any document stating I have the right for the child.

What I have here is the fathers original conviction documents and its authenticated by the u.s embassy in the Philippines.

I did try to ask and get information to all lawyers in the Philippines on how will I get a document stating I have the sole costudy of my child but they refused and said I don't need one. My sister even went to the Supreme Court and asked about it but she received the same answer.

[aaron2020 11,651]

Hi,

Under PI laws, you do not need the father's permission. However, you are processing in Costa Rica.

The US Embassy may not be familiar with PI law and may request permission from the father in order to issue an immigration visa for your child. Alternatively, the US Embassy may insist on following Costa Rica rules.

Get as much evidence on PI custody laws, and have that to show the US Embassy.

You can get the father's permission just in case you need it at the interview or wait until after the interview to see if you need it or not.

Best of luck.

[Pennycat 880]

Do you need this document to get the visa? Is this something you need to show at the embassy? You said "if they ask" so it sounds like you don't know if they'll need it.

You're saying that the rules about having the other parent's permission to take the child out of the country don't apply in your case because the child is under 7 and because you're not married? If that's the case, you should be fine. If the US embassy asks, explain the situation (with whatever proof you've got of his incarceration abroad). They can't hold you to a higher standard of another country's law than actually exists.

A bigger question is does the US need/want to see anything *at all* from the second parent? That I don't know about, and you may want to look for other people who have gone through K1 with children, specifically from CR and ask.

[sh1ela 0]

Thank you both for your response.

Yes Catherine, I am not sure if the US embassy need/want to see anything from the paternal father. I am getting nervous because our case is now in Costa Rica, soon they will contact me for packet 3/instruction letter. And I am not also sure if entering US, officer at the airport will ask to see a letter from the father.

Like Aaron was saying, Under Philippine laws, I do not need the father's permission but I am processing in Costa Rica and my child who is now 10 years old has a dual citizenship.

I was never aware of this situation until I was trying to get her a Costa Rican Passport. Sadly, I won't be able to get her one after providing them what they asked when I inquired, without a father's authorization.

But of course, she has a Philippine passport so I asked the "Exit permit for minor" department what I need for her to leave the country permanently using a Philippine passport. They told me, one of the requirement is again an authorization letter from the father even she's using a Philippine passport. So, I asked the father to give me one, at first he said no problem he will give it but now his changing his mind.

So now, I do not know what to provide if the US embassy ask for an authorization letter from the father or if they accept the Philippine law under Costa Rican territory involving a Costa Rican (minor) citizen.

Hoping someone can help me who have gone through k1 with a Costa Rican child.

[aaron2020 11,651]

If there are requirements from the Costa Rican government concerning a Costa Rican citizen child, then you will most likely need to meet them regardless of which passport is used. Costa Rica has an interest in enforcing its laws when a child citizen emigrates from the country.

[Pennycat 880]

Hi-- contact user "hammered81". He went through this process with a minor child leaving Costa Rica. He says he'll help. Good luck!

[sh1ela 0]

Hi. Couldn't find this user. Can you give me a link to his timeline please. Thank you so much for the help

[Pennycat 880]

I spelled it wrong, sorry. Here's the link:

http://www.visajourney.com/forums/user/213419-hammerd81/

[sh1ela 0]

Thank You so much

[sh1ela 0]

Hi Catherine

I did message the person you referred to me but unfortunately he did not answer yet. Maybe his very busy at this time. Hoping to hear from him soon.

But anyway, I posted an inquiry again and maybe you know the answer and can help me. Here is the link http://www.visajourney.com/forums/topic/607694-us-embassy-in-costa-rica/

Thank You