K2 Visa For My Daughter

[annasumalpong24]

I have a 3 year old daughter. I was not married to her father but shes bringing her fathers family name. Now, we dont see each other anymore. I have a new bf and we are planning to go to US. Do I need the consent of her father for her to go with me in US if ever we are granted?

Thank you so much for whatever help you can give.

God bless

[Mario2008]

What is your nationality and where was the baby born?

If the baby was born in Thailand, when not married the father is only the father when he is not only named on the birth certificate but also is the one who registered the birth at the amphur. If he didn't do that himslef, he is not the leagl father, as he didn't legitimised the child.

It is easy to check on the birth certificate. The birth certificate namens the name of the child, the mother, the father and the person who registered the child. If the name of the person who registered the child is not the same as the fahter he is not the legal father and you have sole custody. That means you can choose the place and country of residence of the child. More importantly it means you can apply for a Thai passport for your child, without the need of approval of the father. Under Thai law you don't need the consent of the legal father to go to the US with your child, but you do need the consent of the legal father to aply for a passport.

[DirectorIntegrityLegal]

I can't speak regarding necessary consent under Thai law, but the Embassy will likely ask to see a letter of consent from another legal guardian for the child to travel to the United States, if another legal guardian exists.

Good Luck!

Ben Hart

US Immigration Attorney

Integrity Legal

02-686-3447

1-877-231-7533

[annasumalpong24]

No, I am not a thai. I am a filipina and my baby was born in Philippines. I heard its possible for us to apply here in thailand to go to US as i am working here. I just dont know if i really need the consent of the father who appears on my daughters birth certificate as the father.

[Mario2008]

You will have to find out if the father has legal costudy of your child or not. When the father and mother are married both will have costudy, unless a court decides otherwise. You were not married, so the fahter doesn't have automatic costudy over the child. Most coutries will not only require that he is named on the birth certificate, but also that the father acknowledge that the chils is his (legitimisation). Filippine law will likely has a similar requirement. Maybe your embassy can tell you where you can find out if you have sole costudy.