k2 parent consent

[kimcas04 0]

hi i'm a K1 visa also and i have a daughter in the philippines which is k2 she's is 8 years old and i choose a "follow to join" process for her so

im here in the US for 8months ( i'm married now to my fiancée ) and im going back to the philippines next month  to process my daughter's paper but i have a big question that maybe you can help me guys. my daughter is using my ex-boyfriend surname ( her biological father ) we are not married do you think that this is really a big problem for us to get her visa approve ? what do i need to do please help. thanks in advance 

[ChisolmTrail 75]

6 minutes ago, kimcas04 said:

hi i'm a K1 visa also and i have a daughter in the philippines which is k2 she's is 8 years old and i choose a "follow to join" process for her so

im here in the US for 8months ( i'm married now to my fiancée ) and im going back to the philippines next month  to process my daughter's paper but i have a big question that maybe you can help me guys. my daughter is using my ex-boyfriend surname ( her biological father ) we are not married do you think that this is really a big problem for us to get her visa approve ? what do i need to do please help. thanks in advance 

I am NOT an attorney, and I can only tell you our experience.  My filipina fiancee was never married. She has two children with her ex. Since they were not married the children are considered illegitimate. I suggest you look up Philippine family law Article 176 that talks about the mother's rights associated with illegitimate children.  Secondly, they will need Philippine Passports, If they are using the father's surname, you need to refer to Philippine Republic Act 9255 that indicates what is necessary to use the father surname, e.g. for passports.  

 

The USEM "may" ask for a letter of consent from the father. The letter must be notarized. This is a USEM request, not a Philippine government requirement.  

 

My fiancee was able to get the children their passports, and she was able to get a letter of consent. We are still awaiting our NOA2.

[Sagot 1,548]

15 minutes ago, kimcas04 said:

hi i'm a K1 visa also and i have a daughter in the philippines which is k2 she's is 8 years old and i choose a "follow to join" process for her so

im here in the US for 8months ( i'm married now to my fiancée ) and im going back to the philippines next month  to process my daughter's paper but i have a big question that maybe you can help me guys. my daughter is using my ex-boyfriend surname ( her biological father ) we are not married do you think that this is really a big problem for us to get her visa approve ? what do i need to do please help. thanks in advance 

NO!   ..... single MOTHERS have sole custody of the children.   You need NOTHING from the "father".

 

Do be aware that you need to complete the visa process before the one year anniversary of your visa being ISSUED.  This means your daughter's visa MUST BE ISSUED BEFORE THAT DATE.   You have a few months, still but do be aware.

[Sagot 1,548]

2 minutes ago, ChisolmTrail said:

I am NOT an attorney, and I can only tell you our experience.  My filipina fiancee was never married. She has two children with her ex. Since they were not married the children are considered illegitimate. I suggest you look up Philippine family law Article 176 that talks about the mother's rights associated with illegitimate children.  Secondly, they will need Philippine Passports, If they are using the father's surname, you need to refer to Philippine Republic Act 9255 that indicates what is necessary to use the father surname, e.g. for passports.  

 

The USEM "may" ask for a letter of consent from the father. The letter must be notarized. This is a USEM request,   not a Philippine government requirement.  

 

My fiancee was able to get the children their passports, and she was able to get a letter of consent. We are still awaiting our NOA2.

USEM requires NOTHING... no letter of consent is needed from the father.   You may have a letter but USEM won't care about it.

 

Info on the process in Manila:  http://www.visaconnection-philippines.com/index.php

 

 

Edited May 17, 2017 by Sagot

[ChisolmTrail 75]

1 minute ago, Sagot said:

USEM requires NOTHING... no letter of consent is needed from the father.   You may have a letter but USEM won't care about it.

 

 

While I appreciate your input, there are instances whereby the USEM did ask for this letter. It is discretionary, not every CO ask. As I stated, not a PI requirement. As I understand there are sometimes internal policies that can change over time. We are erring on the safe side. They may ask, they may not. But if they do we are prepared. 

[Charles_n_Grace 24]

Would a Solo Parent ID from DSWD help in this case, or are they only used for benefits?

[kimcas04 0]

thanks for all the answers guys it's  really BIG help for me 😊. i have her passport last year before i move to the US and i don't have a problem getting her passport. yes she's illegitimate because we are not married so  as a mother i have the sole custody. but maybe your right CHISOLMTRAIL i need to get a letter of consent from her father just to be sure that we can get her visa. oh CHARLES_n_GRACE maybe i will get a solo parent too as a supporting documents also. thanks a lot guys approciate it.  

Edited May 17, 2017 by kimcas04

[Hank_ 9,174]

4 hours ago, Charles_n_Grace said:

Would a Solo Parent ID from DSWD help in this case, or are they only used for benefits?

Sole parent ID used for what?    Your timeline and profile do not indicate the visa you are chasing.     A CENOMAR shows the mother to be single and is a required document by the embassy. 

 

Embassy has no requirement of a consent letter from the father, the embassy recognizes Philippine law in this matter..    If never married to the father:

 

Article 176 of the Family Code of the Philippines

 

.. exception being annulments where there are court documents showing other custody.

 

[Hank_ 9,174]

4 hours ago, ChisolmTrail said:

While I appreciate your input, there are instances whereby the USEM did ask for this letter. It is discretionary, not every CO ask. As I stated, not a PI requirement. As I understand there are sometimes internal policies that can change over time. We are erring on the safe side. They may ask, they may not. But if they do we are prepared. 

Discretionary?    Embassy recognizes Philippine law in regards to custody of the child.   Was you fiancee married to the father at one time, or is the child illegitimate? 

 

Of course there is no harm in bringing another piece of paper to the interview. 

[kimcas04 0]

33 minutes ago, Hank_ said:

Sole parent ID used for what?    Your timeline and profile do not indicate the visa you are chasing.     A CENOMAR shows the mother to be single and is a required document by the embassy. 

 

Embassy has no requirement of a consent letter from the father, the embassy recognizes Philippine law in this matter..    If never married to the father:

 

Article 176 of the Family Code of the Philippines

 

.. exception being annulments where there are court documents showing other custody.

 

so i don't need anything at all to my daughter's father . that's great i don't need his help at all and beg for him to give me a letter of consent . 

[Hank_ 9,174]

"By law and jurisprudence, the mother of an illegitimate child has sole parental authority and is entitled to keep the child in her company.  This rule continues to apply even when the father of the child acknowledges filiation (paternity), although the court may order the father to provide support as a result of the acknowledgment, but not custody."

 

 

https://legalcounseling.wordpress.com/category/family-law/child-custody-rule/

[kimcas04 0]

Thank you so much for the information Mr.Hank ☺️

[Hank_ 9,174]

Walang anuman ~

[kimcas04 0]

hello guys ... i have one more question and i hope that you can help me again... do i need to get DSWD travel permit even if i'm the biological mother? she's illegitimate and she's using her father's surname. 

Edited May 21, 2017 by kimcas04

[Charles_n_Grace 24]

On ‎5‎/‎17‎/‎2017 at 0:36 AM, Hank_ said:

Sole parent ID used for what?    Your timeline and profile do not indicate the visa you are chasing.     A CENOMAR shows the mother to be single and is a required document by the embassy. 

 

Embassy has no requirement of a consent letter from the father, the embassy recognizes Philippine law in this matter..    If never married to the father:

 

Article 176 of the Family Code of the Philippines

 

.. exception being annulments where there are court documents showing other custody.

 

Consulate requirements is one thing, but CBP will likely ask for something when a child accompanies a single parent. That is why I suggested the Solo Parent ID.

https://help.cbp.gov/app/answers/detail/a_id/268/~/children---child-traveling-with-one-parent-or-someone-who-is-not-a-parent-or