K2 potential problem?

[xyzaa 1]

Hi! I will go on a K1 visa with my son and will be scheduled for interview soon. My son's biological father is an immigrant in the US. By any chance, in case he petitioned my son without my knowledge, will we have a problem with his K2 visa? @Greenbaum @Chris Duffy

[Greenbaum 12,259]

4 hours ago, xyzaa said:

Hi! I will go on a K1 visa with my son and will be scheduled for interview soon. My son's biological father is an immigrant in the US. By any chance, in case he petitioned my son without my knowledge, will we have a problem with his K2 visa? @Greenbaum @Chris Duffy

If your son's Bio Father petitioned your son and never went through the proceedings there is a good chance the visa application is dead. But, until you proceed with your petition you'll not know. I say you proceed as if he (the father) didn't petitioned your son.

[xyzaa 1]

13 hours ago, Greenbaum said:

If your son's Bio Father petitioned your son and never went through the proceedings there is a good chance the visa application is dead. But, until you proceed with your petition you'll not know. I say you proceed as if he (the father) didn't petitioned your son.

Thank you so much. This eased my mind.

[x_driven_x 1,778]

18 hours ago, xyzaa said:

Hi! I will go on a K1 visa with my son and will be scheduled for interview soon. My son's biological father is an immigrant in the US. By any chance, in case he petitioned my son without my knowledge, will we have a problem with his K2 visa? @Greenbaum @Chris Duffy

Do you have paperwork saying you're allowed to take your son out of your current country?  Your country might have rules about being allowed to take children out of the country, usually both parents on the birth certificate will have to sign off that it's okay. 

[xyzaa 1]

2 minutes ago, x_driven_x said:

Do you have paperwork saying you're allowed to take your son out of your current country?  Your country might have rules about being allowed to take children out of the country, usually both parents on the birth certificate will have to sign off that it's okay. 

I don't think I need one. His birth certificate doesn't have his name on there and in the Philippines, I guess an unwed mother has sole custody. I just know that at some point he has an affidavit of acknowledgement ( I have a copy actually) which he can use in case he want to petition my son. 

[x_driven_x 1,778]

3 minutes ago, xyzaa said:

I don't think I need one. His birth certificate doesn't have his name on there and in the Philippines, I guess an unwed mother has sole custody. I just know that at some point he has an affidavit of acknowledgement ( I have a copy actually) which he can use in case he want to petition my son. 

I think they might ask about this at the interview and since the father is known and has been acknowledged they might still ask for proof of approval (not sure though).

 

You might ask specifically about that, or ask in the regional forums for your country about that situation.

[xyzaa 1]

3 minutes ago, x_driven_x said:

I think they might ask about this at the interview and since the father is known and has been acknowledged they might still ask for proof of approval (not sure though).

 

You might ask specifically about that, or ask in the regional forums for your country about that situation.

Thanks! But that one I am sure I do not need one from him... It just came to me that he could potentially file for him and i might have a problem if another record for my son pops in the system. He actually isn't a USC. He went to the US just last year with permanent visa.

[Cyberfx1024 7,980]

1 hour ago, x_driven_x said:

I think they might ask about this at the interview and since the father is known and has been acknowledged they might still ask for proof of approval (not sure though).

 

You might ask specifically about that, or ask in the regional forums for your country about that situation.

 

1 hour ago, xyzaa said:

I don't think I need one. His birth certificate doesn't have his name on there and in the Philippines, I guess an unwed mother has sole custody. I just know that at some point he has an affidavit of acknowledgement ( I have a copy actually) which he can use in case he want to petition my son. 

This is the Philippines and the mother has de facto sole custody according to Philippine law. The reason for this is because the father is not on the birth certificate and is not in the picture taking care of the child. So according to the law the mother has sole custody.