BIG ENOUGH BURDEN TO CARRY

[lho 0]

My case was probably way too far from normal cases than most of you guys had. But you can either just listen to me and give me a bit of thoughts on what i should do....or learn from my lesson... just please don't ignore me... i badly needed help...

let me start it :

I'm a Filipina,i had 4 kids... i came here as K1 visa 3 years ago.. currently living with my 2 small kids (4&3) and husband here in North Carolina... I'm already a LPR holder ...

Now here's the prob:

" i had 2 kids(from a different father) in the Philippines. 16 and 14, i didn't include them in any of my paperworks the time my fiance petitioned me because of the fact that THE KIDS BIRTH CERTIFICATE ARE FALSIFICATED..... meaning it appears in their BC that me and their father are married .... though the truth is WERE NOT!..In the new family code, children out of WEDLOCK must carry with them the maternal name.... let's face the fact that in the Philippines we can make hocus focus in papers... The only reason we did it, it's because we both want the kids to be legitimate kids even without tying the knots.. so when a non-traditional midwife offers it we didn't think twice... (if i only knew the relationship will not last).... i know we make wrong decision sometimes... and in my case i make a very wrong decision that affects me now, and hoping there'll be some a solution. I'm like any mother who wish that she would be able to see all her kids growing up together. Now i don't know if this is just a case UNSOLVED or will there be any possibilities that they could join me here and experienced what i am experiencing.

If in any way i would be able to straighten up the prob (which is the kids birth certificates) do you guys think i can petition them?

I'm afraid the immigration officer will deny it because they never appear on any of my paperworks in their file.

Talking about proofs, i had plenty of them to show.... but if they work with it with what is on their files... i will sure lose the case.

And i can't afford to hire a lawyer 'coz i'm just like some normal citizen here who is living from paycheck to paycheck.

i need some words of wisdom from all of you who's reading this right now.... i honestly don't know what to do....

thank you in advance, and hoping to hear from all of you....

[RonMay 1]

My case was probably way too far from normal cases than most of you guys had. But you can either just listen to me and give me a bit of thoughts on what i should do....or learn from my lesson... just please don't ignore me... i badly needed help...

let me start it :

I'm a Filipina,i had 4 kids... i came here as K1 visa 3 years ago.. currently living with my 2 small kids (4&3) and husband here in North Carolina... I'm already a LPR holder ...

Now here's the prob:

" i had 2 kids(from a different father) in the Philippines. 16 and 14, i didn't include them in any of my paperworks the time my fiance petitioned me because of the fact that THE KIDS BIRTH CERTIFICATE ARE FALSIFICATED..... meaning it appears in their BC that me and their father are married .... though the truth is WERE NOT!..In the new family code, children out of WEDLOCK must carry with them the maternal name.... let's face the fact that in the Philippines we can make hocus focus in papers... The only reason we did it, it's because we both want the kids to be legitimate kids even without tying the knots.. so when a non-traditional midwife offers it we didn't think twice... (if i only knew the relationship will not last).... i know we make wrong decision sometimes... and in my case i make a very wrong decision that affects me now, and hoping there'll be some a solution. I'm like any mother who wish that she would be able to see all her kids growing up together. Now i don't know if this is just a case UNSOLVED or will there be any possibilities that they could join me here and experienced what i am experiencing.

If in any way i would be able to straighten up the prob (which is the kids birth certificates) do you guys think i can petition them?

I'm afraid the immigration officer will deny it because they never appear on any of my paperworks in their file.

Talking about proofs, i had plenty of them to show.... but if they work with it with what is on their files... i will sure lose the case.

And i can't afford to hire a lawyer 'coz i'm just like some normal citizen here who is living from paycheck to paycheck.

i need some words of wisdom from all of you who's reading this right now.... i honestly don't know what to do....

thank you in advance, and hoping to hear from all of you....

i honestly dont have a clue either but i wish somehow you can get them and be part of their growing life... the best way is really get a legal advice and probably its cheaper to hire it in phil. just the lawyer's advice and not really doing the paper works for the petition to save some money... see the options and what not... i hope in the end, we'll have a better outcome! good luck and God bless!!!

[lho 0]

i honestly dont have a clue either but i wish somehow you can get them and be part of their growing life... the best way is really get a legal advice and probably its cheaper to hire it in phil. just the lawyer's advice and not really doing the paper works for the petition to save some money... see the options and what not... i hope in the end, we'll have a better outcome! good luck and God bless!!!

i will surely try that advice..... it was so nice of you...thank you so much and i really appreciate your concern... God Bless You too

[RonMay 1]

i honestly dont have a clue either but i wish somehow you can get them and be part of their growing life... the best way is really get a legal advice and probably its cheaper to hire it in phil. just the lawyer's advice and not really doing the paper works for the petition to save some money... see the options and what not... i hope in the end, we'll have a better outcome! good luck and God bless!!!

i will surely try that advice..... it was so nice of you...thank you so much and i really appreciate your concern... God Bless You too

oh no worries! this site will really help you a lot, it may not be in visa process but a support group as well lol... its a passing time when you're bored and got nothing to do except visit VJ and read experiences and sharing your own... a bunch of ppl will be here for ya!

[irene 0]

Im not a lawyer but from what i understand in our law , you can check in the NSO for that if its recorded that ur married , if it is recorder then u can request for change of a surname for ur kids just prove that ur not married to the guy , who by the way signed the bc of the kids ? if the father u can say that u dont hve any idea he told the midwife ur married , if you then u can tell its honest mistake coz before usually midwife make mistake in submitting documents, especially if they are the one who submit , you try to go to the local register and tell them u want to change the status of that , about the embassy i think u would not have a problem about their papers as long u can prove to them that they are ur children and u really never been married before coz im sure they will check ur background coz of the issue. but try to ask the local municipal in where their name is recorded , maybe they help u out for the records.. Hope this give u a little information .

[Nutty 2]

My case was probably way too far from normal cases than most of you guys had. But you can either just listen to me and give me a bit of thoughts on what i should do....or learn from my lesson... just please don't ignore me... i badly needed help...

let me start it :

I'm a Filipina,i had 4 kids... i came here as K1 visa 3 years ago.. currently living with my 2 small kids (4&3) and husband here in North Carolina... I'm already a LPR holder ...

Now here's the prob:

" i had 2 kids(from a different father) in the Philippines. 16 and 14, i didn't include them in any of my paperworks the time my fiance petitioned me because of the fact that THE KIDS BIRTH CERTIFICATE ARE FALSIFICATED..... meaning it appears in their BC that me and their father are married .... though the truth is WERE NOT!..In the new family code, children out of WEDLOCK must carry with them the maternal name.... let's face the fact that in the Philippines we can make hocus focus in papers... The only reason we did it, it's because we both want the kids to be legitimate kids even without tying the knots.. so when a non-traditional midwife offers it we didn't think twice... (if i only knew the relationship will not last).... i know we make wrong decision sometimes... and in my case i make a very wrong decision that affects me now, and hoping there'll be some a solution. I'm like any mother who wish that she would be able to see all her kids growing up together. Now i don't know if this is just a case UNSOLVED or will there be any possibilities that they could join me here and experienced what i am experiencing.

If in any way i would be able to straighten up the prob (which is the kids birth certificates) do you guys think i can petition them?

I'm afraid the immigration officer will deny it because they never appear on any of my paperworks in their file.

Talking about proofs, i had plenty of them to show.... but if they work with it with what is on their files... i will sure lose the case.

And i can't afford to hire a lawyer 'coz i'm just like some normal citizen here who is living from paycheck to paycheck.

i need some words of wisdom from all of you who's reading this right now.... i honestly don't know what to do....

thank you in advance, and hoping to hear from all of you....

Do you really need to change/correct the birth certificates of your older children in the Philipines to sponsor them now? Won't the father or your family, whoever is taking care of them, allow them to come?

I will say this is a question for a qualified immigration attorney.

But you may find that you can still petition for them to come, even with their current birth certificates. It only depends on if their father will let them come to USA.

[vbtbmrt 2]

well i dont know anything but when you filed for k-1 didnt you have to submit a cenomar of singleness does that tell when they do research if you had ever been married well an attorney would be able to help i am sure any way just a thought that might help you down the line good luck and prayers are with you

[jom 4]

You mentioned that their names never appeared during the process of the K1, meaning you only listed the names of your two children who are with you now. This is a big concern because if you file a petition for them to join you now, it would mean that you made false statements in your forms which most were under oath and thus might affect your current status on the ground of fraud.

With regards to your children's birth certificate, you can always file a petition before the court in the Philippines where they were born to correct the wrong entry. Since you are here, you can send a special power of attorney to a relative to file the same in behalf of you since your children are still minors. Hopefully, they are in the cusotdy of your family in the Philippines

You might want to see an immigration lawyer too to weigh your options.

Goodluck and hang in there, im sure there will be a lot of good replies that will somehow give you an idea of what to do. Godbless.

Myla

[dbears 1]

You mentioned that their names never appeared during the process of the K1, meaning you only listed the names of your two children who are with you now. This is a big concern because if you file a petition for them to join you now, it would mean that you made false statements in your forms which most were under oath and thus might affect your current status on the ground of fraud.

With regards to your children's birth certificate, you can always file a petition before the court in the Philippines where they were born to correct the wrong entry. Since you are here, you can send a special power of attorney to a relative to file the same in behalf of you since your children are still minors. Hopefully, they are in the cusotdy of your family in the Philippines

You might want to see an immigration lawyer too to weigh your options.

Goodluck and hang in there, im sure there will be a lot of good replies that will somehow give you an idea of what to do. Godbless.

Myla

Myla have a valid point in the highlighted quote but this saddens me. I'm a mother also and as a mother I could feel the longing in lho's heart.

It seems a good immigration lawyer would be your best option as of now. They know the process and the system better. It might be expensive but just think of how wonderful it will be to be with your kids again, that will be priceless.

I hope everything will be ok with you. I'm holding you in my thoughts and prayers. Stay strong always. God bless.

[N360 0]

lho,

Im not an immigration lawyer but I've really read your case over and over and I dont see why you cant petition your kids in the PI. As long as their under 21 and not married, you should be able to petition them.

Also, please correct me again if Im wrong but I'm looking over at birth certificates from the Philippines and it only states the names of father and mother. It doesnt say, and it shouldn't, on the birth certificates if the parents are married or not.

So... Am I missing something? Why dont you think you can't petition them.

If I were you, I'd go ahead and petition them, under the names that are on the birth certificates. The only prrof you need are your childrens birth certificates with your name on it. It doesnt matter who the father is on their certificates. It could be different fathers for both and USCIS dont care.

Hope that helps.

Edited March 20, 2008 by NoelandTintin

[N360 0]

First of all, I think dont think USCIS gives a hoot about the fact that your now husband did not list your children on your I-129 application. That petition is over and you are now starting a "new" one.

USCIS receives thousands of applications everyday and I highly doubt they will go in the old warehouse just to look for your old I-129 application to see if your husband listed these children or not. Again, I'm not a lawyer but you get my drift?

But here's another thought for you lho,

The processing times for unmarried children under 21 are July, 2007 for US citizens and January 2005 for LPR. That is a huge difference.

When are you going to be a citizen? Can you wait to file? Hope this helps and good luck! It must be hard for you to be separated from your children.

[jom 4]

With due respect to Noelandtintin's comment. . old petitions are not stored in warehouses but are in fact recorded in the computer and system of the USCIS and the OP did state that she has lived here for 3 years now which is just really recently.

An example. Our friend had his second K1 petition. His first wife was chinese and he petitioned her 20 yars ago, of course they got divorced and his second K1 was just approved. In his NOA2 it states there that this is his second K1 . . . so the record is intact, even after 20 years. Knowing the system of the USA which is highly advanced, everything is stored not in a warehouse but in their files in the computer. Also, if she decides to petition her two children now, such benefit will be derived from her K1( the very reason why she is here now) , and not a separate petition.

The fact alone that she ommitted the names of her two children in the K1 can be considered as fraud, because she declared a false statement that of having only 2 children instead of 4.

In the BC, there is no entry whether or not the parents are married but there is an entry of the date of marriage of the parents, so the OP was right again in saying that it was falisified since there was actually no marriage. My nephew had to go to court to correct this entry because the date of his parents' marriege entered in the BC was wrong.

I believe the OP's best option now is to seek the advice of an immigration lawyer regarding on what to do with the two kids left in the Philippines.

Just my opinion.

Myla

[lho 0]

i honestly dont have a clue either but i wish somehow you can get them and be part of their growing life... the best way is really get a legal advice and probably its cheaper to hire it in phil. just the lawyer's advice and not really doing the paper works for the petition to save some money... see the options and what not... i hope in the end, we'll have a better outcome! good luck and God bless!!!

i will surely try that advice..... it was so nice of you...thank you so much and i really appreciate your concern... God Bless You too

oh no worries! this site will really help you a lot, it may not be in visa process but a support group as well lol... its a passing time when you're bored and got nothing to do except visit VJ and read experiences and sharing your own... a bunch of ppl will be here for ya!

i know... i can tell... thank God i found this site.. thanks to all of you ...for ur support and prayers...

[lho 0]

Im not a lawyer but from what i understand in our law , you can check in the NSO for that if its recorded that ur married , if it is recorder then u can request for change of a surname for ur kids just prove that ur not married to the guy , who by the way signed the bc of the kids ? if the father u can say that u dont hve any idea he told the midwife ur married , if you then u can tell its honest mistake coz before usually midwife make mistake in submitting documents, especially if they are the one who submit , you try to go to the local register and tell them u want to change the status of that , about the embassy i think u would not have a problem about their papers as long u can prove to them that they are ur children and u really never been married before coz im sure they will check ur background coz of the issue. but try to ask the local municipal in where their name is recorded , maybe they help u out for the records.. Hope this give u a little information .

i don't have worries now on straightening up their BC... our system in the Philippines is not as quite tough as it is here in US... my real worries is at the IMMIGRATION.... i don't wanna complicate my status here right now and so with my future filings of citizenship..and Myla is right ...it is a FRAUD coz i swear under oath.

[lho 0]

My case was probably way too far from normal cases than most of you guys had. But you can either just listen to me and give me a bit of thoughts on what i should do....or learn from my lesson... just please don't ignore me... i badly needed help...

let me start it :

I'm a Filipina,i had 4 kids... i came here as K1 visa 3 years ago.. currently living with my 2 small kids (4&3) and husband here in North Carolina... I'm already a LPR holder ...

Now here's the prob:

" i had 2 kids(from a different father) in the Philippines. 16 and 14, i didn't include them in any of my paperworks the time my fiance petitioned me because of the fact that THE KIDS BIRTH CERTIFICATE ARE FALSIFICATED..... meaning it appears in their BC that me and their father are married .... though the truth is WERE NOT!..In the new family code, children out of WEDLOCK must carry with them the maternal name.... let's face the fact that in the Philippines we can make hocus focus in papers... The only reason we did it, it's because we both want the kids to be legitimate kids even without tying the knots.. so when a non-traditional midwife offers it we didn't think twice... (if i only knew the relationship will not last).... i know we make wrong decision sometimes... and in my case i make a very wrong decision that affects me now, and hoping there'll be some a solution. I'm like any mother who wish that she would be able to see all her kids growing up together. Now i don't know if this is just a case UNSOLVED or will there be any possibilities that they could join me here and experienced what i am experiencing.

If in any way i would be able to straighten up the prob (which is the kids birth certificates) do you guys think i can petition them?

I'm afraid the immigration officer will deny it because they never appear on any of my paperworks in their file.

Talking about proofs, i had plenty of them to show.... but if they work with it with what is on their files... i will sure lose the case.

And i can't afford to hire a lawyer 'coz i'm just like some normal citizen here who is living from paycheck to paycheck.

i need some words of wisdom from all of you who's reading this right now.... i honestly don't know what to do....

thank you in advance, and hoping to hear from all of you....

Do you really need to change/correct the birth certificates of your older children in the Philipines to sponsor them now? Won't the father or your family, whoever is taking care of them, allow them to come?

I will say this is a question for a qualified immigration attorney.

But you may find that you can still petition for them to come, even with their current birth certificates. It only depends on if their father will let them come to USA.

of course he will allow them...we both want good futures for our kids... i'm sure it'll never be an issue....