UNUSUAL PROBLEM - HELP

[Crashed~N2~Me 970]

Caley, don't lose sleep over it. Write to the American Citizens' Services of the Embassy where your fiancee is and tell them that you're not claiming US Citizenship for your child because of the reason(s) you've stated. The American Citizen Services will give you a letter acknowledging your abandonment of your child's claim to US Citizenship. Use this letter when you get an RFE from the CO either during the interview or before the interview.

I am in the same situation and that's what USCIS Manila told me to do when I wrote them a letter.

How is this relevant to OP's situation?

I read this post and for some odd rzn... Jackson 5 Dancing Machine came to mind...

I have totally lost count. This has got to be more than 20 though.

Edited June 14, 2012 by Crashed~N2~Me

[Crashed~N2~Me 970]

Time to sort things out before it gets tangled and causes delays and / or stress.

OP, In the VJ community...there are many helpful members. Most of the time, advice given is correct but sometimes it is not. Let's call the incorrect advice "bad advice". Sometimes the bad advice is due to inexperience. Occasionally the bad advice is given deliberately by a bad person. I remember a certain VJ member tried to get a K-1 with her bayaw. (Her sister died so she took her place) USEM denied the K-1. So...she and her bayaw got married and fled CR-1. It was approved. (but) It seems that certain VJ member became very angry about the denial. She regularly / proactively gave bad advice to fellow VJ's. I suppose she hoped others would be denied or greatly delayed as a result of her advice. Weird but true.

Anh map gave you correct advice.

Your petition could fly under radar but, if it does not... You run the risk of being sent to the USEM fraud unit and being denied. Additionally, if you are denied for fraud, you face a lifetime ban.

Better clean this up before it hits Manila. (but, if NVC does their job correctly, it probably won't reach Manila)

Edited June 14, 2012 by Crashed~N2~Me

[~happyndinlove~ 540]

reporting it to CRBA and getting him a US passport. any advice.thank you

1). You shouldn't have had your fiance sign the Birth Certificate. You gotta get it corrected, NOW.

2). You can't file for a CRBA because your son is a Filipino citizen not a US citizen. (A US citizen child does not need a K-2 visa. He/she need the CRBA along with the proof of evidence of his/her citizenship.)

A Non-US citizen child is not eligible for CRBA (Consular Report of Birth Abroad) nor is he/she qualified to obtain a US passport.

Claiming your Filipino son is a US citizen when he is not (to go along with your visa petition) is a huge mistake.

Your case has a lot of holes in it. You need to get this whole mess sorted out before it gets farther and before it's too late.

Edited June 14, 2012 by ~happyndinlove~

[Kang 22]

Caley,

you may need to consult an immigration lawyer in the US and present the case for possible remedies or have a lawyer in the Philippines to fix it (probably some affidavits or something)

it's gonna be hard if you're going directly to the NSO because they might see it as fraud (if you read the thing about entering falsified information as your case is not a "mistake" or "error" but rather "false claims"). so check with a lawyer

Edited June 14, 2012 by Kang

[Kang 22]

really.maybe i should try your suggestion first, yes i was planning to ask the CO about my son's case when ill have my interview. so we wer on the same exact situation. did they approved it and and your son/daughter got a visa. can you tell me more about the details because im really wanna know how. thank you very much

You still run the risk on being banned. You should see a lawyer first before a CO. Not all CO are understanding. Some are more strict, some are very strict.

Edited June 14, 2012 by Kang

[VirtualLee 12]

Caley,

can you give us more details of the child, age, place of birth.

You cannot just go to NSO have it correct like editing and reprinting. cuz first you need to go to the local registry

office for this submit tons of requirements and will undergo interview to why this and that questions. this is legal

matter and CO cannot help you with that unless you want to get banned from entering US.

So go see a LAWYER.

(this is just a hopeful question) try to ask like what if your fiance will be the one to come over

here in the Philippines and get married in the Philippines, will there be a possibility that

the child will be on process of adoption even your fiance's name is already on the child's BC as

his/her father.

and when you go see a lawyer bring a copy of your child's BC. and maybe a photo copy of your fiance

passport or any identification card which will show his citizenship.

Edited June 14, 2012 by VirtualLee

[let-it-be 36]

I wanna clarify something.

I did not tell her to go to DIRECTLY GO to NSO and talk to someone from there. I just shared the LINK to NSO site. That seeking a Lawyer's service is their FIRST recommendation in cases like hers. Whatever you guys want to call it... it still going to be Petition for Change Name/or Correction of Entry in the Civil Registrar.

We all agree that she needs a LAWYER. That's all

[let-it-be 36]

I copied & posted the information below from the NSO site. This is the same link that I posted in my previous post to the OP.

http://nso.citizenservices.com.ph/nso-certificate-correction

NSO Certificate Correction Of Entry

TEN steps to be undertaken in the correction o an entry in a civil registry document

1. Contact a lawyer who will prepare the Petition for Correction of Entry.
2. Lawyers shall file the Petition in the Regional Trial Court. The fee for filing the Petition in the Regional Trial Court is Php 160.00.
3. The Petition will be raffled and assigned to a branch of the Regional Trial Court.
4. The assigned Regional Trial Court shall issue an Order for the publication of its Order in a newspaper of general circulation for three consecutive weeks. Fee for publication varies.
5. The Order contains the date of the first hearing.
6. During the first hearing, the lawyer will present compliance of the jurisdictional requirements like publication of the Order in a newspaper of general circulation.
7. After establishing compliance with jurisdictional requirements, the petitioner will be presented in Court to testify. The Court may assign the Clerk of Court to receive evidence.
8. During the hearing, i is possible that an oppositor may appear contesting the Petition. If no oppositor appears, the Clerk of Court will receive the petitioner's evidence.
9. After presentation of evidence, the Court will rule on the Petition.
10. If the decision is favorable, the Court will order the Office of Civil Registrar to correct the entry in the civil registry document (birth/marriage/death certificate of the petitioner).

Source: http://www.census.gov.ph/data/civilreg/ten_steps.html

View the pages below for other NSO Certificate problems.

• Delayed Registration. (When your NSO Certificate was not registered on time.)
• Typographical Errors. (Minor changes in an entry on your NSO Certificate. [e.g. from 'Rexx' to 'Rex'])
• Correction of Entry. (Wrong name, wrong birth date or birth place, wrong gender, etc.)