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Posted (edited)

Hello, people from the Philippines!  Is there a solo parent (single mom) immigrating/has immigrated with her child here?

 

My situation is, I have an illegitimate child who carries my surname.  However, in her birth certificate, her biological father acknowledged his paternity but the child did not carry his surname.  There has been no financial support at all from the father and though initially he was visiting her, he has not been in touch with the child for the last 5 years.

 

Though I have read that a mother in this case has the sole custody of the child, I would like to ask if other papers were required of the other biological parent such as a waiver of parental rights and/or a consent to immigrate.  My daughter and I have not had a problem in our numerous travels abroad as we have the same surnames in our passports, I was never asked about the other parent.  Moving forward, I would like to be prepared and have other legal supporting papers.  I have sent messages to her father to this effect but there has been no response at all.

 

I'd appreciate any advise or sharing of a previous similar experience.  Thanks in advance!

Edited by The.Fab.Ella
Filed: AOS (apr) Country: Philippines
Timeline
Posted
1 hour ago, The.Fab.Ella said:

Hello, people from the Philippines!  Is there a solo parent (single mom) immigrating/has immigrated with her child here?

 

My situation is, I have an illegitimate child who carries my surname.  However, in her birth certificate, her biological father acknowledged his paternity but the child did not carry his surname.  There has been no financial support at all from the father and though initially he was visiting her, he has not been in touch with the child for the last 5 years.

 

Though I have read that a mother in this case has the sole custody of the child, I would like to ask if other papers were required of the other biological parent such as a waiver of parental rights and/or a consent to immigrate.  My daughter and I have not had a problem in our numerous travels abroad as we have the same surnames in our passports, I was never asked about the other parent.  Moving forward, I would like to be prepared and have other legal supporting papers.  I have sent messages to her father to this effect but there has been no response at all.

 

I'd appreciate any advise or sharing of a previous similar experience.  Thanks in advance!

In the PI, a child born out of wedlock is not required to have special permissions.  This is very unique situation for the PI

YMMV

Posted

For the Philippines, single mothers are given sole custody of children unless there is a court order suggesting otherwise. 

 

You can can file without the father’s permission from the Philippines.

“When starting an immigration journey, the best advice is to understand that sacrifices have to be made... whether it is time, money, or separation; or a combination of all.” - Unlockable

Posted
4 hours ago, NuestraUnion said:

For the Philippines, single mothers are given sole custody of children unless there is a court order suggesting otherwise. 

 

You can can file without the father’s permission from the Philippines.

Thank you, @NuestraUnion.

Filed: Lift. Cond. (apr) Country: China
Timeline
Posted

Moved from US Embassy & Consulate Discussion to Philippines regional forum; topic is country specific.

Our journey:

Spoiler

September 2007: Met online via social networking site (MySpace); began exchanging messages.
March 26, 2009: We become a couple!
September 10, 2009: Arrived for first meeting in-person!
June 17, 2010: Arrived for second in-person meeting and start of travel together to other areas of China!
June 21, 2010: Engaged!!!
September 1, 2010: Switched course from K1 to CR-1
December 8, 2010: Wedding date set; it will be on February 18, 2011!
February 9, 2011: Depart for China
February 11, 2011: Registered for marriage in Wuhan, officially married!!!
February 18, 2011: Wedding ceremony in Shiyan!!!
April 22, 2011: Mailed I-130 to Chicago
April 28, 2011: Received NOA1 via text/email, file routed to CSC (priority date April 25th)
April 29, 2011: Updated
May 3, 2011: Received NOA1 hardcopy in mail
July 26, 2011: Received NOA2 via text/email!!!
July 30, 2011: Received NOA2 hardcopy in mail
August 8, 2011: NVC received file
September 1, 2011: NVC case number assigned
September 2, 2011: AOS invoice received, OPTIN email for EP sent
September 7, 2011: Paid AOS bill (payment portal showed PAID on September 9, 2011)
September 8, 2011: OPTIN email accepted, GZO number assigned
September 10, 2011: Emailed AOS package
September 12, 2011: IV bill invoiced
September 13, 2011: Paid IV bill (payment portal showed PAID on September 14, 2011)
September 14, 2011: Emailed IV package
October 3, 2011: Emailed checklist response (checklist generated due to typo on Form DS-230)
October 6, 2011: Case complete at NVC
November 10, 2011: Interview - APPROVED!!!
December 7, 2011: POE - Sea-Tac Airport

September 17, 2013: Mailed I-751 to CSC

September 23, 2013: Received NOA1 in mail (receipt date September 19th)

October 16, 2013: Biometrics Appointment

January 28, 2014: Production of new Green Card ordered

February 3, 2014: New Green Card received; done with USCIS until fall of 2023*

December 18, 2023:  Filed I-90 to renew Green Card

December 21, 2023:  Production of new Green Card ordered - will be seeing USCIS again every 10 years for renewal

 

Filed: Other Country: Philippines
Timeline
Posted
7 hours ago, The.Fab.Ella said:

Hello, people from the Philippines!  Is there a solo parent (single mom) immigrating/has immigrated with her child here?

 

My situation is, I have an illegitimate child who carries my surname.  However, in her birth certificate, her biological father acknowledged his paternity but the child did not carry his surname.  There has been no financial support at all from the father and though initially he was visiting her, he has not been in touch with the child for the last 5 years.

 

Though I have read that a mother in this case has the sole custody of the child, I would like to ask if other papers were required of the other biological parent such as a waiver of parental rights and/or a consent to immigrate.  My daughter and I have not had a problem in our numerous travels abroad as we have the same surnames in our passports, I was never asked about the other parent.  Moving forward, I would like to be prepared and have other legal supporting papers.  I have sent messages to her father to this effect but there has been no response at all.

 

I'd appreciate any advise or sharing of a previous similar experience.  Thanks in advance!

Many before you have been through this process with illegitimate children.     As many have noted all ready, in the Philippines a mother has sole custody of the  illegitimate child, whether he is listed on the BC or not doesn't matter.   You need NOTHING from the father.    http://www.lawphil.net/statutes/repacts/ra2004/ra_9255_2004.html

 

Did your husband file an I-130 for the child?

 

 

Hank

"Chance Favors The Prepared Mind"

 

Picture

 

“LET’S GO BRANDON!”

Posted
8 hours ago, The.Fab.Ella said:

Hello, people from the Philippines!  Is there a solo parent (single mom) immigrating/has immigrated with her child here?

 

My situation is, I have an illegitimate child who carries my surname.  However, in her birth certificate, her biological father acknowledged his paternity but the child did not carry his surname.  There has been no financial support at all from the father and though initially he was visiting her, he has not been in touch with the child for the last 5 years.

 

Though I have read that a mother in this case has the sole custody of the child, I would like to ask if other papers were required of the other biological parent such as a waiver of parental rights and/or a consent to immigrate.  My daughter and I have not had a problem in our numerous travels abroad as we have the same surnames in our passports, I was never asked about the other parent.  Moving forward, I would like to be prepared and have other legal supporting papers.  I have sent messages to her father to this effect but there has been no response at all.

 

I'd appreciate any advise or sharing of a previous similar experience.  Thanks in advance!

Read this thread. It's interesting and maybe there are things that the OP did that you may have to do. It may not be as cut and dry as others of said.

 

http://www.visajourney.com/forums/topic/610543-k2-visa-illegitimate-child-fathers-consent-needed-by-us-consulate/

Spoiler

Adjustment of Status

AOS March 5, 2014 Submitted AOS with EAD/AP package to Chicago USICS

Delivered March 8, 2014 AOS packaged delivered to USCIS drop box

Accepted March 19, 2014 Text message with receipt numbers

Biometrics April 16, 2014 Biometrics completed

EAD May 23, 2014 Employment Authorization Document approved and went to card production

TD May 23, 2014 Travel Document approved and went for card production

Receipt EAD/AP May 30, 2014 Received combo card EAD/AP

Green Card Approved July 11, 2014 Approved, no interview. Went to card production.

Green Card received July 17, 2014 GC received without interview

Removal of Conditions

Mailed I-751 Dec 16, 2015 Submitted ROC (removal of conditions)

Received Dec 18, 2015 USPS notification of successful delivery

Check Cashed Dec 21, 2015 Check was cashed

NOA-1 Issued Dec 21, 2015 NOA-1 for ROC issued

NOA-1 Issued Dec 26, 2015 NOA-1 Received

Biometrics Appt. Jan 29, 2016 Biometrics Appointment Scheduled [Completed]

 

Posted
5 hours ago, Ryan H said:

Moved from US Embassy & Consulate Discussion to Philippines regional forum; topic is country specific.

Sorry about that. Couldn't figure out how to bring it to the regional forum.

Posted
5 hours ago, Greenbaum said:

Read this thread. It's interesting and maybe there are things that the OP did that you may have to do. It may not be as cut and dry as others of said.

 

http://www.visajourney.com/forums/topic/610543-k2-visa-illegitimate-child-fathers-consent-needed-by-us-consulate/

Thanks, @Greenbaum.  It is an interesting and informative read although it was sad to read about some back stories of abuse.  

Posted
5 hours ago, Hank_ said:

Many before you have been through this process with illegitimate children.     As many have noted all ready, in the Philippines a mother has sole custody of the  illegitimate child, whether he is listed on the BC or not doesn't matter.   You need NOTHING from the father.    http://www.lawphil.net/statutes/repacts/ra2004/ra_9255_2004.html

 

Did your husband file an I-130 for the child?

 

 

Thanks, @Hank. Yes, there was a separate I-130 submission for the child.

Posted
18 hours ago, NuestraUnion said:

For the Philippines, single mothers are given sole custody of children unless there is a court order suggesting otherwise. 

 

You can can file without the father’s permission from the Philippines.

That is one of the most insane and stupid rules I have seen in Philippines.

 

 

Just when you think you have TDS eradicate,  a new case shows up.

Filed: Other Country: Philippines
Timeline
Posted
9 hours ago, The.Fab.Ella said:

Thanks, @Hank. Yes, there was a separate I-130 submission for the child.

Did you have issue getting the passport for your child?    I have read about DFA being difficult before.

Hank

"Chance Favors The Prepared Mind"

 

Picture

 

“LET’S GO BRANDON!”

Posted
15 hours ago, Hank_ said:

Did you have issue getting the passport for your child?    I have read about DFA being difficult before.

Not at all, Hank.  The first time she applied for a passport, I had to get an affidavit of support and consent for the father which was funny as he has never given any support at all.  But I don't remember if the DFA eventually asked for it or I just over prepared.  Subsequent renewals didn't have any problem at all.  However, when we travel, I make sure I bring a copy of her birth certificate with me.  I was asked once to prove our relationship at the immigration counter and this is out of approximately 10 times we went out of the country together.

 
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