⌛ FAMILY CODE in PHIL.

Hi There!

I just wanna ask if this happen to anyone here especially to a filipina, who filed or processing k-1 visa.
The problem is, a friend of mine, a single mom. Her boyfriend for 4 yrs (American ) decided to sign papers in acknowledging as the father of her daughter. He was not forced in fairness he just want that the kid will be legitimate and have his name. What worry him now that he decided to get her filipina a k-1 visa is that.
(a) Will that be a big problem when the k-1 will be process?
(b) Can they still bring the child to US?
Is there something can be done about it?

Hope you can help me and my friend. Thank You!

 

Last I heard from a US friend of mine who wanted to get his girlfriend back with their child is that the Embassy in the Philippines is requiring paternity (DNA) tests

Don't know if it is a blanket requirement or they make an assessment based on the application submitted, but he had to do it.

 

Who's listed as the Father on the birth certificate?

 

well in her birth certificate.. Father is UNKNOWN on the original bc. Then i guess it was last year he sign a PATERNITY ACKNOWLEDGEMENT and agree and sign that the kid will have his SURNAME.

 

In order for the kid to be legitimate and have his name is the eyes of USCIS, he needs to do a Consular Report of Birth Abroad (CRBA). Since they are not married, chances are great that a DNA test will be required. The cost of a DNA test is around $700, and must be performed by St. Luke's Clinic personnel at the Embassy. The other and more expensive option is to include the child in the K1 petition. Either way it will not effect the K1 and there will be no problem with the child going to the US. There is some info on the K1 here;

K1 Fiance Visa

And CRBA information is here;

Reports of Birth (Application for Consular Report of Birth Abroad) and Derivative Citizenship | Embassy of the United States Manila, Philippines

Your friend can call and talk to my wife Rony if she has any questions;

0921-790-7821

Larry

 

Thanks for the help Larry.

The kid is not his biological child. All he want is for the kid to be legitimate and have his name. He never plan to make her an American citizen. His first plan is to just retire here. But things changed and now she want her filipina to go to US and go for K-1 visa. And since the kids is not his but now using his family name. Will that question and stop if they do the K-1 visa.
They plan to bring the mother first.. the kid will just follow after there married in US.

 

That being the case, they should just include the child in the K1 petition, not much to it except the extra cost. The child will be eligible for citizenship in 3 years just as the Mother will. No reason for the child to stay behind either, most couples soon regret leaving a child behind. Aside from the extra cost of someone travelling back to retrieve the child within one year, or later petitioning the child separately, there are often family problems created by the child being left behind.

Larry

 

Thanks again Larry. You really help a lot. Have a good day.