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Do I need a consent from my daughter?s father so my husband could petition her?

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  • Do I need a consent from my daughter?s father so my husband could petition her?

    I am a Filipina married to a US Citizen. I have a daughter out of wed lock from my previous relation. Question is: Do I need to get permission from my daughter?s father in order for my American husband to petition her.

  • #2
    Originally posted by jdtee View Post
    I am a Filipina married to a US Citizen. I have a daughter out of wed lock from my previous relation. Question is: Do I need to get permission from my daughter?s father in order for my American husband to petition her.
    Consent is not needed to petition, but consent is needed to get the actual immigrant visa.

    This is my personal opinion and is not to be construed as legal advice.

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    • #3
      Originally posted by newacct View Post
      Consent is not needed to petition, but consent is needed to get the actual immigrant visa.

      What would happen if we got the immigration visa without her father?s consent? My husband is planning to adopt my daughter, but i don?t want to inform the biological father, is it possible?

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      • #4
        Originally posted by jdtee View Post
        What would happen if we got the immigration visa without her father?s consent? My husband is planning to adopt my daughter, but i don?t want to inform the biological father, is it possible?
        Either you need to have sole custody of your daughter, or an order from the court allowing the daughter to immigrate with you. Otherwise it's international child abduction.

        This is my personal opinion and is not to be construed as legal advice.

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        • #5
          Originally posted by jdtee View Post
          What would happen if we got the immigration visa without her father?s consent? My husband is planning to adopt my daughter, but i don?t want to inform the biological father, is it possible?
          That's not going to work unless you have sole custody of the child. More than likely you can't get a passport for the child without the parent signing off.

          The consular won't issue a Visa without the parent's signature neither will an ISO (immigration service officer).
          Last edited by Randomdude; 06-24-2018, 02:32 AM.
          Marriage based AOS concurre
          Feb 2017 - Date received
          Feb 2017 - RFE received
          March 2017 - Biometrics completed
          April 2017 - RFE response received case no longer on hold
          April 2017 - Case is being scheduled for interview
          May 2017 - AP/EAD received:
          March 2018 - AP/EAD forms sent for renewal
          Sept 2018 - AOS interview scheduled.
          Oct 2018 - AOS interview
          Nov 2018 - Green card in hand

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