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Elleanor

birth certificate mothers name error .. affidavit will work ?

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Filed: K-1 Visa Country: Philippines
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hello there.. i am new here and my fiance and I were still completing our 129f package and while checking on everything i realized that on my child's birth certificate he has a middle name and on the registered mother i have a middle name..

but the truth is on my birth certificate I dont have a middle name and my child wasn't suppose to have a middle name cause he was a ilegitimate child and on the philippine law ilegitimate child shouldn't have a middle name..

well we are thinking of still filing the 129f with the said birth certificate of my child and along with that would be an affidavit that i am the real biological mother and it was just clearly an typographical error.. and also we were gonna fix my sons birth certificate while were waiting for our Noa2 if it happens..

my question is .. would our idea be okay ? or should we fix the childs name first before filing ?

-cause i was a bit confuse what to do. did someone out there just had the same thing as me.

i would appreciate the help. thank you so much..

K1 FIANCEE VISA

06-28-2014 sent 129f

07-03-2014 NOA1 LETTER

08-06-2014 text message RFE

08-11-2014 RFE LETTER(letter of intent to marry)

08-21-2014 TSC received RFE response (changed status to rfe response review)

09-05-2014 NOA2 ..

09-11-2014 NOA2 LETTER ( approval)

09-12-2014 USCIS updated they shipped our 129f to NVC,

09-22-2014 MNL## from NVC thru phone

09-25-2014 129F ( IN TRANSIT )

09-28-2014 NVC LETTER

09-29-2014 CEAC status to "READY"

10-17-2014 MEDDICAL

11-04-2014 INTERVIEW (approved)

11-14-2014 VISA

12-06-1024 POE JFK

AOS,EAD,AP

-02/28/2015 sent AOS,EAD,AP via USPS

-02/02/2015 Chicago,IL (delivered)

-03/10/2015 Receive text messages for receipt. (aos,ead,ap)

-03/16/2015 Receipt letter received from the mail. notice date was 03/10

-03/25/2015 rfe text

-03/20/2015 Received biometric letter from the mail

-04/02/2015 Biometric

-04/03/2015 rfe received from the mail

-04/10/2015 rfe mailed

-04/13/2015 rfe delivered

-04/05/2015 Rfe response review update on USCIS website said I will receive decision till June 14,2015

-05/19/2015 EAD "card was ordered to produce"

-05/19/2015 AP "case was approved"

-05/26/2015 "approval letter for AP and EAD received in the mail

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Elleanor, on 15 Jun 2014 - 07:46 AM, said:Elleanor, on 15 Jun 2014 - 07:46 AM, said:Elleanor, on 15 Jun 2014 - 07:46 AM, said:

hello there.. i am new here and my fiance and I were still completing our 129f package and while checking on everything i realized that on my child's birth certificate he has a middle name and on the registered mother i have a middle name..

but the truth is on my birth certificate I dont have a middle name and my child wasn't suppose to have a middle name cause he was a ilegitimate child and on the philippine law ilegitimate child shouldn't have a middle name..

well we are thinking of still filing the 129f with the said birth certificate of my child and along with that would be an affidavit that i am the real biological mother and it was just clearly an typographical error.. and also we were gonna fix my sons birth certificate while were waiting for our Noa2 if it happens..

my question is .. would our idea be okay ? or should we fix the childs name first before filing ?

-cause i was a bit confuse what to do. did someone out there just had the same thing as me.

i would appreciate the help. thank you so much..

I am not familiar totally with your subject but IMHO I would think you would have to correct your documents before you begin your visa processing as you do not want to have a delay in the middle of the process.

Having said that, here is some information I was able to find on the topic of naming of a illegitimate child from NSO. The process of changing your documents is going to be 4-6 months at least. You're going to need all his documents to show the new name, if they do not have it correct now, such as BC, NBI and Passport.

FROM NSO:

What is the rule on registration of births of illegitimate children who were born on August 3, 1988 and thereafter?

The following rules shall govern the registration of illegitimate children who were born on August 3, 1988 and thereafter:

  1. An illegitimate child shall use the surname of his mother (Art. 176, F. C.) regardless of whether or not his father admits paternity. (Opinion of the Civil Code Revision Committee, September 23, 1988)
  2. The name of the father of the illegitimate child may be indicated on the birth certificate of the latter whenever the former executes an affidavit of admission of paternity, provided that such affidavit shall not affect the naming of the illegitimate child. (Opinion of the Civil Code Revision Committee, September 23, 1988)
  3. The affidavit mentioned in the immediately preceding paragraph, if executed by the father shall be permanently attached to and shall form part of the birth certificate of the illegitimate child. the birth certificate in such a case must have a remark "With Attached Affidavit of Admission of Paternity" impressed with a rubber stamp at the upper left-hand margin and duly signed by the local civil registrar or authorized civil registry personnel.
  4. Illegitimate children falling under this classification who were not registered within the prescribed period of registration shall comply with the requirement of delayed registration of births. (Section 4 Circular No. 89-13 dated July 17, 1989)

http://nso.citizenservices.com.ph/faqs-answer-page

Edited by Greenbaum
Spoiler

Adjustment of Status

AOS March 5, 2014 Submitted AOS with EAD/AP package to Chicago USICS

Delivered March 8, 2014 AOS packaged delivered to USCIS drop box

Accepted March 19, 2014 Text message with receipt numbers

Biometrics April 16, 2014 Biometrics completed

EAD May 23, 2014 Employment Authorization Document approved and went to card production

TD May 23, 2014 Travel Document approved and went for card production

Receipt EAD/AP May 30, 2014 Received combo card EAD/AP

Green Card Approved July 11, 2014 Approved, no interview. Went to card production.

Green Card received July 17, 2014 GC received without interview

Removal of Conditions

Mailed I-751 Dec 16, 2015 Submitted ROC (removal of conditions)

Received Dec 18, 2015 USPS notification of successful delivery

Check Cashed Dec 21, 2015 Check was cashed

NOA-1 Issued Dec 21, 2015 NOA-1 for ROC issued

NOA-1 Issued Dec 26, 2015 NOA-1 Received

Biometrics Appt. Jan 29, 2016 Biometrics Appointment Scheduled [Completed]

 

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  • 3 weeks later...
Filed: FB-2 Visa Country: Philippines
Timeline

im not sure if we have the same case. here's mine.

i'm single with derivatives. my children's BC = they both have my middle name. when i filled-up their BC at the hospital I used my middle name to be their middle name, my surname as their surname. the hospital & registrar did not object and i found out later that the proper naming for illegitimate children should not bear a middle name.

i have read somewhere (not from this forum) that USEM does not focus on the proper format of names. the important thing is that i can prove they are my biological children.

i did not bother changing their NSO BC. I stick with what they have. used the same name for their passports, school records, etc.

as to my full name, I have no problem with my BC. I HAVE though on my mother's name (birth certificate registration error). Her BC indicated a different first name while all her school, professional records and marriage indicated a different first name (thus in my BC my mother was using an AKA).

when she applied for a phil passport of course DFA issued her with the name same as what is written in her BC.

so now my issue is my mother, my petitioner, bearing a different first name in her passport and US records, and I will have to prove to the consul that my mother's name listed in my BC is the same person with my petitioner.

i do not worry about this much though. i plan to bring a copy of an affidavit signed by my mother and some other people who knows her that NAME-A and NAME-B is one and the same person.

i do hope i am right in this and will not need more complicated documents to furnish the consul.

Edited by mumof2
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Filed: F-2A Visa Country: Philippines
Timeline

What you need to submit is your mom's document showing her change of name, a copy of her naturalization certificate.

Edited by apple21
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  • 3 weeks later...
Filed: K-1 Visa Country: Philippines
Timeline

im not sure if we have the same case. here's mine.

i'm single with derivatives. my children's BC = they both have my middle name. when i filled-up their BC at the hospital I used my middle name to be their middle name, my surname as their surname. the hospital & registrar did not object and i found out later that the proper naming for illegitimate children should not bear a middle name.

i have read somewhere (not from this forum) that USEM does not focus on the proper format of names. the important thing is that i can prove they are my biological children.

i did not bother changing their NSO BC. I stick with what they have. used the same name for their passports, school records, etc.

as to my full name, I have no problem with my BC. I HAVE though on my mother's name (birth certificate registration error). Her BC indicated a different first name while all her school, professional records and marriage indicated a different first name (thus in my BC my mother was using an AKA).

when she applied for a phil passport of course DFA issued her with the name same as what is written in her BC.

so now my issue is my mother, my petitioner, bearing a different first name in her passport and US records, and I will have to prove to the consul that my mother's name listed in my BC is the same person with my petitioner.

i do not worry about this much though. i plan to bring a copy of an affidavit signed by my mother and some other people who knows her that NAME-A and NAME-B is one and the same person.

i do hope i am right in this and will not need more complicated documents to furnish the cons

yes we do have the exact issue with your kid but the difference is when i checked out my BC last year i found out i dont have a middle name.

well what i did is i still got a passport of my child with the name as said in his BC but i filed out a petition for correction.. I've been planning that i will just show the consul the new BC of my child i just hope that the corrrection wont take that much time to process..

Well i wish everything works for the both of us . goodluck..

K1 FIANCEE VISA

06-28-2014 sent 129f

07-03-2014 NOA1 LETTER

08-06-2014 text message RFE

08-11-2014 RFE LETTER(letter of intent to marry)

08-21-2014 TSC received RFE response (changed status to rfe response review)

09-05-2014 NOA2 ..

09-11-2014 NOA2 LETTER ( approval)

09-12-2014 USCIS updated they shipped our 129f to NVC,

09-22-2014 MNL## from NVC thru phone

09-25-2014 129F ( IN TRANSIT )

09-28-2014 NVC LETTER

09-29-2014 CEAC status to "READY"

10-17-2014 MEDDICAL

11-04-2014 INTERVIEW (approved)

11-14-2014 VISA

12-06-1024 POE JFK

AOS,EAD,AP

-02/28/2015 sent AOS,EAD,AP via USPS

-02/02/2015 Chicago,IL (delivered)

-03/10/2015 Receive text messages for receipt. (aos,ead,ap)

-03/16/2015 Receipt letter received from the mail. notice date was 03/10

-03/25/2015 rfe text

-03/20/2015 Received biometric letter from the mail

-04/02/2015 Biometric

-04/03/2015 rfe received from the mail

-04/10/2015 rfe mailed

-04/13/2015 rfe delivered

-04/05/2015 Rfe response review update on USCIS website said I will receive decision till June 14,2015

-05/19/2015 EAD "card was ordered to produce"

-05/19/2015 AP "case was approved"

-05/26/2015 "approval letter for AP and EAD received in the mail

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Filed: FB-2 Visa Country: Philippines
Timeline

Thanks and great move. I do hope too that you'll get it done on time. May I ask how to apply for correction? Just in case I'll need it for my boys. Thanks!

yes we do have the exact issue with your kid but the difference is when i checked out my BC last year i found out i dont have a middle name.

well what i did is i still got a passport of my child with the name as said in his BC but i filed out a petition for correction.. I've been planning that i will just show the consul the new BC of my child i just hope that the corrrection wont take that much time to process..

Well i wish everything works for the both of us . goodluck..

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Filed: K-1 Visa Country: Philippines
Timeline

Thanks and great move. I do hope too that you'll get it done on time. May I ask how to apply for correction? Just in case I'll need it for my boys.

first you must go the municipal where your children are registered and from there you can file a petition for correction.

they will give you a lot of requirements but all they asked me was just my cenomar,my mothers cenomar and a copy of my birth certificate

and for my kid they just asked his baptismal,birth certificate and medical card from the clinics ..

the second time i went there for the passing of my documents they also asked me to signed all the papers that was needed ..

i just paid 1000 pesos for the correction and 180 for the notice.. you dont need to go to the NSO anymore cause after signing and giving them the documents you will just wait for 2--3 months.. the lady who helped me out there told me after 2 months i can go and check it out if it's already done.

So far it wasn't that hard,. try to check this out http://nso.citizenservices.com.ph/nso-certificate-ra9048 ..

K1 FIANCEE VISA

06-28-2014 sent 129f

07-03-2014 NOA1 LETTER

08-06-2014 text message RFE

08-11-2014 RFE LETTER(letter of intent to marry)

08-21-2014 TSC received RFE response (changed status to rfe response review)

09-05-2014 NOA2 ..

09-11-2014 NOA2 LETTER ( approval)

09-12-2014 USCIS updated they shipped our 129f to NVC,

09-22-2014 MNL## from NVC thru phone

09-25-2014 129F ( IN TRANSIT )

09-28-2014 NVC LETTER

09-29-2014 CEAC status to "READY"

10-17-2014 MEDDICAL

11-04-2014 INTERVIEW (approved)

11-14-2014 VISA

12-06-1024 POE JFK

AOS,EAD,AP

-02/28/2015 sent AOS,EAD,AP via USPS

-02/02/2015 Chicago,IL (delivered)

-03/10/2015 Receive text messages for receipt. (aos,ead,ap)

-03/16/2015 Receipt letter received from the mail. notice date was 03/10

-03/25/2015 rfe text

-03/20/2015 Received biometric letter from the mail

-04/02/2015 Biometric

-04/03/2015 rfe received from the mail

-04/10/2015 rfe mailed

-04/13/2015 rfe delivered

-04/05/2015 Rfe response review update on USCIS website said I will receive decision till June 14,2015

-05/19/2015 EAD "card was ordered to produce"

-05/19/2015 AP "case was approved"

-05/26/2015 "approval letter for AP and EAD received in the mail

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