K2 illegitimate child with deceased mother

[JJMT 4]

I am a K1 visa applicant and I am also applying my 17 year old daughter for a K2 visa. My daughter is an illegitimate child but she grew up with me and my family since her birth. The mother was out of the picture when the child is growing up since she left my daughter to me just days after giving birth. Unfortunately, her mother died in 2020 due to an illness. I understand that in our country, legal custody or parental authority of illegitimate child automatically goes to the mother even if the father acknowledges the child in his/her birth certificate. Although, when they reach 7 years of age, they can choose who they want to live with (mother or father) but I think that this requires legal procedures which we didn't do.

 

How will this affect our K1 and K2 visa application? Are there specific documents that I need to get with regard to my daughter's K2 visa application? What steps do I need to take to make sure that we have everything we need to get her a K2 Visa and/or to travel with to the US, God willing?

 

I would greatly appreciate if you could attend to my questions and for any helpful tips, suggestions and/or recommendations.

 

Thanks!

[Ontarkie 14,307]

You will need the mother's death certificate. 

[Ontarkie 14,307]

~~Moved to the PI regional forum, from K1 P&P - as the OP is asking country specific questions~~

[Chancy 6,242]

59 minutes ago, JJMT said:

Are there specific documents that I need to get with regard to my daughter's K2 visa application?

 

Have your daughter request her mother's death certificate online from PSA.  Your daughter should bring the death certificate to her K2 visa interview.

 

[JJMT 4]

21 hours ago, Ontarkie said:

~~Moved to the PI regional forum, from K1 P&P - as the OP is asking country specific questions~~

Thanks for moving this forum.

[JJMT 4]

Thank you Ontarkie and Chancy for the information. Appreciate your help. I already have the mother's death certificate from PSA. What about travel clearance, do I still need to get her one? DSWD says I need to get her one since she is an illegitimate child traveling with the father.

[Ontarkie 14,307]

1 hour ago, JJMT said:

Thank you Ontarkie and Chancy for the information. Appreciate your help. I already have the mother's death certificate from PSA. What about travel clearance, do I still need to get her one? DSWD says I need to get her one since she is an illegitimate child traveling with the father.

I wish I could help more, main reason I moved your thread. You're going to need answers from members who know the PI. If that is was DSWD says they may be the place to ask. 

Edited October 11, 2023 by Ontarkie

[Chancy 6,242]

5 hours ago, JJMT said:

What about travel clearance, do I still need to get her one? DSWD says I need to get her one since she is an illegitimate child traveling with the father.

 

Technically, DSWD travel clearance is not required for a child who is emigrating, like a K2 visa holder.  But I recommend you get the travel clearance anyway, just to avoid hassle at the airport.  Reminder also that you and your daughter both need to present CFO certificates at exit immigration.  Lastly, have your daughter's birth certificate and her mother's death certificate on hand at the airport, in case the BI officer asks.

 

[top_secret 2,458]

I do not want to claim any expertise on the issue or even any real knowledge.  Just to address a possible issue that I see.  By my (incomplete) understanding of Philippine law, an illegitimate child is under the sole custody of the mother, and if the mother passed, or for any other reason could not fulfill custodial responsibilities then the grandparents automatically gain custody.  AFIK there is no way the father of an illegitimate child automatically gains custody without some additional legal process.  I do not know what real world implications that raises or if a simple lack of objections by the grandparents is adequate. But it seems at minimum it would at least require formal consent of the grandparents.???

[Chancy 6,242]

7 hours ago, top_secret said:

if the mother passed, or for any other reason could not fulfill custodial responsibilities then the grandparents automatically gain custody.

 

You're right.  And yes, it would be prudent to get at least some written consent from the mother's parents.

 

[JJMT 4]

Thank you everyone for your inputs on this. I went to DSWD and top-secret was right. We do need a consent signed by both grandparents along with some legal documents from the mother's side (mother's birth certificate, death certificate and CENOMAR, grandparent's marriage contract and valid IDs) plus all letters from USCIS and NVC and copies of some visa requirements (petitioner's passport, either affidavit of support, COE or bank statement), as per instruction. DSWD will also need to interview the grandparents.

 

I wrote down the requirements just for the sake of this thread. Someone with the same case might need this information. 

 

Seems like it's a lot of work compared to an illegitimate minor child traveling with their mother. Anyhow, I'm going to gather the requirements and comply with DSWD.

 

Thank you Ontarkie, Chancy and top_secret for your help.

[PIRuby 9]

Doesn't there need to be a legal adoption by the OP, in order for daughter to get a visa as her child?  I ask, because we have a similar situation.

[Chancy 6,242]

On 11/7/2023 at 11:15 AM, PIRuby said:

Doesn't there need to be a legal adoption by the OP, in order for daughter to get a visa as her child?

 

I assume OP is talking about his biological daughter.  No need for legal adoption for one's biological child, even if the child was born out of wedlock.  It's possible that the biological father may need to go to court to gain legal custody of his child if there is a dispute with the maternal grandparents, but this would be different from adoption proceedings.

 

[PIRuby 9]

2 hours ago, Chancy said:

 

I assume OP is talking about his biological daughter.  No need for legal adoption for one's biological child, even if the child was born out of wedlock.  It's possible that the biological father may need to go to court to gain legal custody of his child if there is a dispute with the maternal grandparents, but this would be different from adoption proceedings.

 

The way I read it was that the biological mother was deceased?

[top_secret 2,458]

2 hours ago, PIRuby said:

The way I read it was that the biological mother was deceased?

 

The biological mother is deceased.  The biological father is applying for a visa for his child.  Although he was not married to the mother, he is still the biological father.