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Brian and Cherry

Bringing Wifes Child / Father Abandoned Him

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Filed: Country: Philippines
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Hi I am Brian and my fiancée Cherry Lynn, Cherry has a 2 1/2 year old son, whose father has never been involved in his life and we don't know where the father is. Cherry was never married before however the father's name is on the birth certificate of her son. So her son has effectively been abandoned. No paperwork has ever been filed for abandonment. We are wondering what will be required to bring her son to the US as an attachment to our I-129 F.

Please help us in figuring this out.

Thank you.

Brian and Cherry Lynn

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Filed: Citizen (apr) Country: China
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Did you list the child on the I-129F?

OUR TIME LINE Please do a timeline it helps us all, thanks.

Is now a US Citizen immigration completed Jan 12, 2012.

1428954228.1592.1755425389.png

CHIN0001_zps9c01d045.gifCHIN0100_zps02549215.gifTAIW0001_zps9a9075f1.gifVIET0001_zps0a49d4a7.gif

Look here: A Candle for Love and China Family Visa Forums for Chinese/American relationship,

Visa issues, and lots of info about the Guangzhou and Hong Kong consulate.

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first step, list the child on the I-129f. if the child is illegitimate, the mother would have sole custody. should be no problem. when comes time for the interview, child will be applying for K-2 Visa.

US Embassy Manila website. bringing your spouse/fiancee to USA

http://manila.usembassy.gov/wwwh3204.html

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Filed: K-3 Visa Country: Philippines
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Hi I am Brian and my fiancée Cherry Lynn, Cherry has a 2 1/2 year old son, whose father has never been involved in his life and we don't know where the father is. Cherry was never married before however the father's name is on the birth certificate of her son. So her son has effectively been abandoned. No paperwork has ever been filed for abandonment. We are wondering what will be required to bring her son to the US as an attachment to our I-129 F.

Please help us in figuring this out. \

Thank you.

We have two children included on the I-129f. Unless things have changed, my wife wasn't required to have a letter from the father. I think the DSWD (Philippine dept of family service?) has some info on their website concerning traveling with children and what is required. Good luck.

K-3 Visa

Event Date

Service Center : Vermont Service Center

Consulate : Manilla, Philipines

Marriage : 2007-05-24

I-130 Sent : 2007-08-28

I-130 NOA1 : 2008-02-15 receipt date

I-130 NOA2: 2008-09-02 Hardcopy

I-129F Sent : 2008-02-29

I-129F NOA1 : 2008-03-03

I-129F RFE(s) : None

RFE Reply(s) : None

I-129F NOA2 : 2008-08-26 (email)

I-129F NOA2: 2008-09-02 Hardcopy

NVC Received :2008-09-04

NVC Left : 2008-09-04

Consulate Received :2008-09-12

Packet 3 Received :

Packet 3 Sent :

Packet 4 Received :

Medical: 2008-09-23,24

Sputum Test Passed, complete medical: 2008-12-08

Interview Date : 2008-12-22, White Slips, need current marriage index and CENOMAR

Visa Received : 2009-01-19

US Entry : 2009-02-01

I-130 Approval : 2008-08-26

Comments :

Processing

Estimates/Stats : Your I-129f was approved in 179 days from your filing date.

Your I-130 was approved in 364 days from your filing date.

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Filed: Country: Philippines
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Did you list the child on the I-129F?

Yes her son is listed I - 129F... We are just not sure if the USA will require any release forms from the father... We can not locate him and his name is on the birth certificate and the child's last name is the same as the father.

Thanks for your help..

Brian and Cherry Lynn

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Filed: K-1 Visa Country: Philippines
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Did you list the child on the I-129F?

Yes her son is listed I - 129F... We are just not sure if the USA will require any release forms from the father... We can not locate him and his name is on the birth certificate and the child's last name is the same as the father.

Thanks for your help..

*Be absolutely certain you have a passport for the child. You will need this beginning with the medical, then for the interview.

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Hi I am Brian and my fiancée Cherry Lynn, Cherry has a 2 1/2 year old son, whose father has never been involved in his life and we don't know where the father is. Cherry was never married before however the father's name is on the birth certificate of her son. So her son has effectively been abandoned. No paperwork has ever been filed for abandonment. We are wondering what will be required to bring her son to the US as an attachment to our I-129 F.

Please help us in figuring this out.

Thank you.

Hi Your fiancee's case is exactly the same with mine only thing is i did not bring my kids with me here yet but is now working for their I-130.

The child will be issued a K2 visa and I was able to get passport for my 2 kids without the father in the picture. As long as she was not married then there is no problem.

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  • 2 months later...
Filed: Other Country: Philippines
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Hi I am Brian and my fiancée Cherry Lynn, Cherry has a 2 1/2 year old son, whose father has never been involved in his life and we don't know where the father is. Cherry was never married before however the father's name is on the birth certificate of her son. So her son has effectively been abandoned. No paperwork has ever been filed for abandonment. We are wondering what will be required to bring her son to the US as an attachment to our I-129 F.

Please help us in figuring this out. \

Thank you.

We have two children included on the I-129f. Unless things have changed, my wife wasn't required to have a letter from the father. I think the DSWD (Philippine dept of family service?) has some info on their website concerning traveling with children and what is required. Good luck.

Hello Ladies,

My situation is similar to yours. I have a 20 year old son, whom I am petitioning right now and I want to also ask some questions...

Here is my case: My son was born out of wedlock and he is using his father's last name and it's also on his birth certificate. I was not married to his father. My son has never seen his father nor his father is involved in his life. I thought that I am almost finished with his petition because I have submitted his DS-230 along with the requested documents by the National Visa Center, unfortunately, the NVC emailed me and requested more documents such as CUSTODY PAPERS...

My son has already gotten his passport and there was no issue obtaining it. The only issue I have is the National Visa Center... they want to make sure that I have sole a custody of my child and it's not a joint custody. As you know in the Philippines, when the father is not invovled in a child's life, the mother is automatically has the custody... which is not in writing anyway.

If anyone out there have similar case and who is already gone through this same situation, I will appreciate it very much if you can give me any details or input.

What did you do to accomplish the Custody Papers? Did you or have you gone to the court? Or did you file at the police station the missing father?,... or did you have your case published on the newspapers in the Philippines? Please any feedback... I will appreciate it... Thanks so much for reading this post/reply.

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Filed: Country: Philippines
Timeline
Hi I am Brian and my fiancée Cherry Lynn, Cherry has a 2 1/2 year old son, whose father has never been involved in his life and we don't know where the father is. Cherry was never married before however the father's name is on the birth certificate of her son. So her son has effectively been abandoned. No paperwork has ever been filed for abandonment. We are wondering what will be required to bring her son to the US as an attachment to our I-129 F.

Please help us in figuring this out. \

Thank you.

We have two children included on the I-129f. Unless things have changed, my wife wasn't required to have a letter from the father. I think the DSWD (Philippine dept of family service?) has some info on their website concerning traveling with children and what is required. Good luck.

Hello Ladies,

My situation is similar to yours. I have a 20 year old son, whom I am petitioning right now and I want to also ask some questions...

Here is my case: My son was born out of wedlock and he is using his father's last name and it's also on his birth certificate. I was not married to his father. My son has never seen his father nor his father is involved in his life. I thought that I am almost finished with his petition because I have submitted his DS-230 along with the requested documents by the National Visa Center, unfortunately, the NVC emailed me and requested more documents such as CUSTODY PAPERS...

My son has already gotten his passport and there was no issue obtaining it. The only issue I have is the National Visa Center... they want to make sure that I have sole a custody of my child and it's not a joint custody. As you know in the Philippines, when the father is not invovled in a child's life, the mother is automatically has the custody... which is not in writing anyway.

If anyone out there have similar case and who is already gone through this same situation, I will appreciate it very much if you can give me any details or input.

What did you do to accomplish the Custody Papers? Did you or have you gone to the court? Or did you file at the police station the missing father?,... or did you have your case published on the newspapers in the Philippines? Please any feedback... I will appreciate it... Thanks so much for reading this post/reply.

Hi I am Brian and my fiancée Cherry Lynn, Cherry has a 2 1/2 year old son, whose father has never been involved in his life and we don't know where the father is. Cherry was never married before however the father's name is on the birth certificate of her son. So her son has effectively been abandoned. No paperwork has ever been filed for abandonment. We are wondering what will be required to bring her son to the US as an attachment to our I-129 F.

Please help us in figuring this out. \

Thank you.

We have two children included on the I-129f. Unless things have changed, my wife wasn't required to have a letter from the father. I think the DSWD (Philippine dept of family service?) has some info on their website concerning traveling with children and what is required. Good luck.

Hello Ladies,

My situation is similar to yours. I have a 20 year old son, whom I am petitioning right now and I want to also ask some questions...

Here is my case: My son was born out of wedlock and he is using his father's last name and it's also on his birth certificate. I was not married to his father. My son has never seen his father nor his father is involved in his life. I thought that I am almost finished with his petition because I have submitted his DS-230 along with the requested documents by the National Visa Center, unfortunately, the NVC emailed me and requested more documents such as CUSTODY PAPERS...

My son has already gotten his passport and there was no issue obtaining it. The only issue I have is the National Visa Center... they want to make sure that I have sole a custody of my child and it's not a joint custody. As you know in the Philippines, when the father is not invovled in a child's life, the mother is automatically has the custody... which is not in writing anyway.

If anyone out there have similar case and who is already gone through this same situation, I will appreciate it very much if you can give me any details or input.

What did you do to accomplish the Custody Papers? Did you or have you gone to the court? Or did you file at the police station the missing father?,... or did you have your case published on the newspapers in the Philippines? Please any feedback... I will appreciate it... Thanks so much for reading this post/reply.

We were told by the embasy that nothing is needed if my wife can show she was never married. Single mothers have full custody. We were told nothing else would be needed.

Brian and Cherry Lynn

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Filed: K-1 Visa Country: Philippines
Timeline
Hi I am Brian and my fiancée Cherry Lynn, Cherry has a 2 1/2 year old son, whose father has never been involved in his life and we don't know where the father is. Cherry was never married before however the father's name is on the birth certificate of her son. So her son has effectively been abandoned. No paperwork has ever been filed for abandonment. We are wondering what will be required to bring her son to the US as an attachment to our I-129 F.

Please help us in figuring this out[/font]. \

Thank you.

We have two children included on the I-129f. Unless things have changed, my wife wasn't required to have a letter from the father. I think the DSWD (Philippine dept of family service?) has some info on their website concerning traveling with children and what is required. Good luck.

Hello Ladies,

My situation is similar to yours. I have a 20 year old son, whom I am petitioning right now and I want to also ask some questions...

Here is my case: My son was born out of wedlock and he is using his father's last name and it's also on his birth certificate. I was not married to his father. My son has never seen his father nor his father is involved in his life. I thought that I am almost finished with his petition because I have submitted his DS-230 along with the requested documents by the National Visa Center, unfortunately, the NVC emailed me and requested more documents such as CUSTODY PAPERS...

My son has already gotten his passport and there was no issue obtaining it. The only issue I have is the National Visa Center... they want to make sure that I have sole a custody of my child and it's not a joint custody. As you know in the Philippines, when the father is not invovled in a child's life, the mother is automatically has the custody... which is not in writing anyway.

If anyone out there have similar case and who is already gone through this same situation, I will appreciate it very much if you can give me any details or input.

What did you do to accomplish the Custody Papers? Did you or have you gone to the court? Or did you file at the police station the missing father?,... or did you have your case published on the newspapers in the Philippines? Please any feedback... I will appreciate it... Thanks so much for reading this post/reply.

Hi I am Brian and my fiancée Cherry Lynn, Cherry has a 2 1/2 year old son, whose father has never been involved in his life and we don't know where the father is. Cherry was never married before however the father's name is on the birth certificate of her son. So her son has effectively been abandoned. No paperwork has ever been filed for abandonment. We are wondering what will be required to bring her son to the US as an attachment to our I-129 F.

Please help us in figuring this out. \

Thank you.

We have two children included on the I-129f. Unless things have changed, my wife wasn't required to have a letter from the father. I think the DSWD (Philippine dept of family service?) has some info on their website concerning traveling with children and what is required. Good luck.

Hello Ladies,

My situation is similar to yours. I have a 20 year old son, whom I am petitioning right now and I want to also ask some questions...

Here is my case: My son was born out of wedlock and he is using his father's last name and it's also on his birth certificate. I was not married to his father. My son has never seen his father nor his father is involved in his life. I thought that I am almost finished with his petition because I have submitted his DS-230 along with the requested documents by the National Visa Center, unfortunately, the NVC emailed me and requested more documents such as CUSTODY PAPERS...

My son has already gotten his passport and there was no issue obtaining it. The only issue I have is the National Visa Center... they want to make sure that I have sole a custody of my child and it's not a joint custody. As you know in the Philippines, when the father is not invovled in a child's life, the mother is automatically has the custody... which is not in writing anyway.

If anyone out there have similar case and who is already gone through this same situation, I will appreciate it very much if you can give me any details or input.

What did you do to accomplish the Custody Papers? Did you or have you gone to the court? Or did you file at the police station the missing father?,... or did you have your case published on the newspapers in the Philippines? Please any feedback... I will appreciate it... Thanks so much for reading this post/reply.

We were told by the embasy that nothing is needed if my wife can show she was never married. Single mothers have full custody. We were told nothing else would be needed.

hello everyone!

i am also in the same situation. I have a baby(turning 8mos old) he was registered on my name 'coz his father abandoned me since i got pregnant. The father is an american but never heard of him anymore after he left. Anyway, I met another man that accept the whole me and we fell in love and visited me twice already. We are now on the waiting period of our K1 visa processing. We do include my baby on the application, but i get confused on what i read here on NVC asking somthing about the child? we haven't got anything llike that from NVC? And another thing about the medical..i already done my medical but i didn't brought my baby there. though now i was still waiting for the cultured result..i just want to know if when did they required the baby to get the medical? how will i know? who will tell me? I do got him a passport already, and another NSO birth certificate for the embassy., what else would i need to prepare for him? I just want to make sure that i will travel with my baby., i can't left him i'm still breastfeeding him full. And i can't be fully happy in the US without the other half of my life.

I would be so grateful for any guidance and help i could get from here.

God Bless to all!!!

vayne_josef

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Filed: Country: Philippines
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Yes we found out we should be ok --- We spoke to the Embacy.


Hi I am Brian and my fiancée Cherry Lynn, Cherry has a 2 1/2 year old son, whose father has never been involved in his life and we don't know where the father is. Cherry was never married before however the father's name is on the birth certificate of her son. So her son has effectively been abandoned. No paperwork has ever been filed for abandonment. We are wondering what will be required to bring her son to the US as an attachment to our I-129 F.

Please help us in figuring this out[/font]. \
Thank you.


We have two children included on the I-129f. Unless things have changed, my wife wasn't required to have a letter from the father. I think the DSWD (Philippine dept of family service?) has some info on their website concerning traveling with children and what is required. Good luck.



Hello Ladies,

My situation is similar to yours. I have a 20 year old son, whom I am petitioning right now and I want to also ask some questions...
Here is my case: My son was born out of wedlock and he is using his father's last name and it's also on his birth certificate. I was not married to his father. My son has never seen his father nor his father is involved in his life. I thought that I am almost finished with his petition because I have submitted his DS-230 along with the requested documents by the National Visa Center, unfortunately, the NVC emailed me and requested more documents such as CUSTODY PAPERS...
My son has already gotten his passport and there was no issue obtaining it. The only issue I have is the National Visa Center... they want to make sure that I have sole a custody of my child and it's not a joint custody. As you know in the Philippines, when the father is not invovled in a child's life, the mother is automatically has the custody... which is not in writing anyway.
If anyone out there have similar case and who is already gone through this same situation, I will appreciate it very much if you can give me any details or input.
What did you do to accomplish the Custody Papers? Did you or have you gone to the court? Or did you file at the police station the missing father?,... or did you have your case published on the newspapers in the Philippines? Please any feedback... I will appreciate it... Thanks so much for reading this post/reply.





Hi I am Brian and my fiancée Cherry Lynn, Cherry has a 2 1/2 year old son, whose father has never been involved in his life and we don't know where the father is. Cherry was never married before however the father's name is on the birth certificate of her son. So her son has effectively been abandoned. No paperwork has ever been filed for abandonment. We are wondering what will be required to bring her son to the US as an attachment to our I-129 F.

Please help us in figuring this out. \
Thank you.


We have two children included on the I-129f. Unless things have changed, my wife wasn't required to have a letter from the father. I think the DSWD (Philippine dept of family service?) has some info on their website concerning traveling with children and what is required. Good luck.



Hello Ladies,

My situation is similar to yours. I have a 20 year old son, whom I am petitioning right now and I want to also ask some questions...
Here is my case: My son was born out of wedlock and he is using his father's last name and it's also on his birth certificate. I was not married to his father. My son has never seen his father nor his father is involved in his life. I thought that I am almost finished with his petition because I have submitted his DS-230 along with the requested documents by the National Visa Center, unfortunately, the NVC emailed me and requested more documents such as CUSTODY PAPERS...
My son has already gotten his passport and there was no issue obtaining it. The only issue I have is the National Visa Center... they want to make sure that I have sole a custody of my child and it's not a joint custody. As you know in the Philippines, when the father is not invovled in a child's life, the mother is automatically has the custody... which is not in writing anyway.
If anyone out there have similar case and who is already gone through this same situation, I will appreciate it very much if you can give me any details or input.
What did you do to accomplish the Custody Papers? Did you or have you gone to the court? Or did you file at the police station the missing father?,... or did you have your case published on the newspapers in the Philippines? Please any feedback... I will appreciate it... Thanks so much for reading this post/reply.



We were told by the embasy that nothing is needed if my wife can show she was never married. Single mothers have full custody. We were told nothing else would be needed.

Brian and Cherry Lynn

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The only issue I have is the National Visa Center... they want to make sure that I have sole a custody of my child and it's not a joint custody. As you know in the Philippines, when the father is not invovled in a child's life, the mother is automatically has the custody... which is not in writing anyway.

The link below may help you with NVC. When you write the NVC, inform them that under Philippine law, a mother has sole authority over her illegitimate child and then refer them to the link. In addition, you may also print the link below to support your letter but make sure you highlight the words that pertains to your authority as mother. This is law that was amended and passed by Congress and signed by the President of the Republic of the Philippines.

http://www.congress.gov.ph/download/ra_12/RA09255.pdf

SECTION 1. Article 176 of Executive Order No. 209, otherwise known as the Family Code of the Philippines, is hereby amended to read as follows:

"Article 176. Illegitimate children shall use the surname and shall be under the parental authority of their mother, and shall be entitled to support in conformity with this Code. However, illegitimate children may use the surname of their father if their filiation has been expressly recognized by the father through the record of birth appearing in the civil register, or when an admission in a public document or private handwritten instrument is made by the father. Provided, the father has the right to institute an action before the regular courts to prove non-filiation during his lifetime. The legitime of each illegitimate child shall consist of one-half of the legitime of a legitimate child."

Our Dept. of Social Welfare & Development is also clear on the authority of the mother over her illegitimate children. You may also want to refer the NVC to the DSWD website.

http://www.dswd.gov.ph/faqdetails.php?id=47

CAN A TRAVEL CLEARANCE BE ISSUED TO ILLEGITIMATE CHILDREN WHO ARE STILL APPLYING FOR THEIR VISA IN THE EMBASSY?

Illegitimate children are under the custody of the mother. If they will be traveling with the mother, they are not required to secure a travel clearance from the DSWD. If they are traveling with person other than the mother, they must secure a travel clearance.

WHAT ARE THE REQUIREMENTS FOR ILLEGITIMATE CHILDREN ABANDONED BY THE MOTHER AND UNDER THE CUSTODY OF THE FATHER OR OTHER RELATIVES WHO WILL BE TRAVELING ALONE OR WITH THE FATHER OR OTHER RELATIVES?

Since the mother has the absolute parental authority over her illegitimate children the father would need to secure a Court Order vesting in him the parental authority over the illegitimate children. If a parental authority has been granted to the father, and the minor will be traveling with the father, he is not required to secure a travel clearance. If the minor will travel alone or with someone other than the father, he/she is required to secure a travel clearance.

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Filed: Other Country: Philippines
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The only issue I have is the National Visa Center... they want to make sure that I have sole a custody of my child and it's not a joint custody. As you know in the Philippines, when the father is not invovled in a child's life, the mother is automatically has the custody... which is not in writing anyway.

The link below may help you with NVC. When you write the NVC, inform them that under Philippine law, a mother has sole authority over her illegitimate child and then refer them to the link. In addition, you may also print the link below to support your letter but make sure you highlight the words that pertains to your authority as mother. This is law that was amended and passed by Congress and signed by the President of the Republic of the Philippines.

http://www.congress.gov.ph/download/ra_12/RA09255.pdf

SECTION 1. Article 176 of Executive Order No. 209, otherwise known as the Family Code of the Philippines, is hereby amended to read as follows:

"Article 176. Illegitimate children shall use the surname and shall be under the parental authority of their mother, and shall be entitled to support in conformity with this Code. However, illegitimate children may use the surname of their father if their filiation has been expressly recognized by the father through the record of birth appearing in the civil register, or when an admission in a public document or private handwritten instrument is made by the father. Provided, the father has the right to institute an action before the regular courts to prove non-filiation during his lifetime. The legitime of each illegitimate child shall consist of one-half of the legitime of a legitimate child."

Our Dept. of Social Welfare & Development is also clear on the authority of the mother over her illegitimate children. You may also want to refer the NVC to the DSWD website.

http://www.dswd.gov.ph/faqdetails.php?id=47

CAN A TRAVEL CLEARANCE BE ISSUED TO ILLEGITIMATE CHILDREN WHO ARE STILL APPLYING FOR THEIR VISA IN THE EMBASSY?

Illegitimate children are under the custody of the mother. If they will be traveling with the mother, they are not required to secure a travel clearance from the DSWD. If they are traveling with person other than the mother, they must secure a travel clearance.

WHAT ARE THE REQUIREMENTS FOR ILLEGITIMATE CHILDREN ABANDONED BY THE MOTHER AND UNDER THE CUSTODY OF THE FATHER OR OTHER RELATIVES WHO WILL BE TRAVELING ALONE OR WITH THE FATHER OR OTHER RELATIVES?

Since the mother has the absolute parental authority over her illegitimate children the father would need to secure a Court Order vesting in him the parental authority over the illegitimate children. If a parental authority has been granted to the father, and the minor will be traveling with the father, he is not required to secure a travel clearance. If the minor will travel alone or with someone other than the father, he/she is required to secure a travel clearance.

Thank you for your feedback... appreciate it very much. Also thank you for the illigetimate child link that you posted. It helps a lot.

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  • 3 weeks later...
Filed: Other Country: Philippines
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Hi I am Brian and my fiancée Cherry Lynn, Cherry has a 2 1/2 year old son, whose father has never been involved in his life and we don't know where the father is. Cherry was never married before however the father's name is on the birth certificate of her son. So her son has effectively been abandoned. No paperwork has ever been filed for abandonment. We are wondering what will be required to bring her son to the US as an attachment to our I-129 F.

Please help us in figuring this out.

Thank you.

Hello:

Couples weeks ago I have posted also a question similar to yours... regarding custody papers that the National Visa Center asked me to get because my son, who is now 20 years old, was born out of wedlock.

I wrote to NVC and explained my situation and that my son's father was never involved in his life, nor the father try to contact my son.

Anyway, I just explained it on my letter and I had it notarized and sent it to NVC. I received an email last Friday and they approved my letter and now my son is ready for his enterview on Nov.19th. I am so happy and thankful that the NVC did not ask any Court documents....

Good luck to you guys!!!

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We can also report that using the info provided above regarding the sole custody of a child born out of wedlock has resulted in our little guy (just 26 mos old) having his documents passed at NVC!

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