K2 visa - Illegitimate Minor Child

[Marilyn318 0]

Hello, 

I am the petitioner for K1/K2 visa and my fiancé is in the Philippines.  My fiancé has a 7 year old daughter out-of-wedlock. The mother of the child passed away and my fiancé is recognized on the birth certificate by applying the provisions of R.A. 9255 and completed  an Affidavit to Use the Surname of the Father. What are the requirements for K2 visa approval for an illegitimate child whose mother has passed? Is the PSA birth certificate of child with father acknowledgment of paternity and approved name change using surname of father enough? So we need to complete other requirements? Thank you! 

[Chancy 6,241]

*** Moved from K1 Process & Procedures to the Philippine regional forum, for country-specific input ***

 

3 minutes ago, Marilyn318 said:

Is the PSA birth certificate of child with father acknowledgment of paternity and approved name change using surname of father enough?

 

Your fiance will also need the biological mother's PSA death certificate to show that he now has sole custody of his child born out of wedlock.

 

[Natepartlan 11]

I'm not sure if it was to prevent child trafficking or because the report of birth was a little delayed from the actual birthdate, but one other thing to consider as happened with our case is at the interview, the Embassy requested a DNA test to establish parent-child relationship.  If this happens, they will tell you the whole process which involves only certain approved genetic labs and test sample collection at the Embassy.  I don't recall that it added much time to the overall process, but it did cause some delay and extra trips to Manila.

[John & Rose 7,239]

Be very careful.  One member here has a very similar situation.  The filipina raised her sisters child from birth and when the child was 14 she was petitioned as a K-2.  Long story short, he moved to Manila to live with her because the K-1 got a lifetime bar for human trafficking.  It was a sad case but sounds eerily familiar to this case.  Was there a legal adoption or just a name change on a late registered birth certificate?  Without the full legal adoption this can end very badly.

[Chancy 6,241]

On 4/5/2022 at 10:10 AM, John & Rose said:

Was there a legal adoption or just a name change on a late registered birth certificate?  Without the full legal adoption this can end very badly.

 

My interpretation of the OP is that the K1 applicant is the biological father of the K2.  If that is accurate, no need for adoption papers for one's biological child.  At most, the embassy will ask for DNA test from the father and child.

 

[Adventine 3,196]

On 4/7/2022 at 12:22 AM, Chancy said:

 

My interpretation of the OP is that the K1 applicant is the biological father of the K2.  If that is accurate, no need for adoption papers for one's biological child.  At most, the embassy will ask for DNA test from the father and child.

 

This was my interpretation of OP's post as well.