K3/K4 and adoption (long post)

[Troy W 0]

Hey all, a couple of questions, Excuse the long post but this is the only way I can explain the situation and get correct responses.

Firs of all My wife has a 3 year old daughter, Like most women in her situation the father made all kinds of promises to get her out of her pants, and as soon as she got pregnant he promptly disappeared. (I was a 20 year old at one time myself and am sure I used the same bull ####### lines back then too) Well any way, my wife’s parents convinced her to put their names on the birth certificate. I don’t remember the formal name of it but the lawyer I spoke to in the Philippines said this was quite common in the Philippines. In the states I don’t believe that could happen without formal adoption procedures so I don’t believe we would even recognize this situation. In effect in the eyes of the United States, this makes my wife’s daughter effectively and legally her sister.

Well any way when I filled out the I130 I claimed my wife’s daughter on the form with the intent of adopting her at a later dates. Through discussions with my wife and her family we have decided that it would be better to bring her daughter to the states sooner than later, let the daughter acclimate to English language and the US way of life much sooner than right before she starts school like previously discussed.

This was also decided due to the international and Philippine laws about adoption. It is confusing at best but it almost looks like I would have to live in the Philippine for 2 years before we could adopt her, if we wanted to adopt her from the states.

Effectively we have decided to perform a joint adoption in the Philippines based on my wife’s residency in the Philippines. We will be doing the adoption at the same time as we are waiting on the USCIS approvals.

Now here is the question. Do I fill out the I129 and claim our daughter under K4 status and fill out the I130 later like I originally planned or do I file the form fill out the foreign adoption forms and claim her as my daughter right away, or do I fill out both? The lawyer said to do the I129 and K4 to our daughter here faster. I know we can have her last name after the adoption kept the same as my wife’s maiden name. And just change it legally here in the states at a later date.

What is everyone’s opinion on this and what are others experiences in similar situations. Or is the adoption even required. If we can produce certified letters from my wife’s parents that our daughter is really my wife’s biological daughter along with a DNA report supporting that fact would the US consulate let her K4 visa go through and let us adopt state side.

[Old Dominion 26]

The adoption is not necessary and can wait if your only concern is getting the visa for her daughter. So long as uncontroverted proof is available that she is your wife's daughter just add her to your petition as you planned.

Edited January 28, 2009 by Old Dominion

[pushbrk 12,877]

Hey all, a couple of questions, Excuse the long post but this is the only way I can explain the situation and get correct responses.

Firs of all My wife has a 3 year old daughter, Like most women in her situation the father made all kinds of promises to get her out of her pants, and as soon as she got pregnant he promptly disappeared. (I was a 20 year old at one time myself and am sure I used the same bull ####### lines back then too) Well any way, my wife’s parents convinced her to put their names on the birth certificate. I don’t remember the formal name of it but the lawyer I spoke to in the Philippines said this was quite common in the Philippines. In the states I don’t believe that could happen without formal adoption procedures so I don’t believe we would even recognize this situation. In effect in the eyes of the United States, this makes my wife’s daughter effectively and legally her sister.

Well any way when I filled out the I130 I claimed my wife’s daughter on the form with the intent of adopting her at a later dates. Through discussions with my wife and her family we have decided that it would be better to bring her daughter to the states sooner than later, let the daughter acclimate to English language and the US way of life much sooner than right before she starts school like previously discussed.

This was also decided due to the international and Philippine laws about adoption. It is confusing at best but it almost looks like I would have to live in the Philippine for 2 years before we could adopt her, if we wanted to adopt her from the states.

Effectively we have decided to perform a joint adoption in the Philippines based on my wife’s residency in the Philippines. We will be doing the adoption at the same time as we are waiting on the USCIS approvals.

Now here is the question. Do I fill out the I129 and claim our daughter under K4 status and fill out the I130 later like I originally planned or do I file the form fill out the foreign adoption forms and claim her as my daughter right away, or do I fill out both? The lawyer said to do the I129 and K4 to our daughter here faster. I know we can have her last name after the adoption kept the same as my wife’s maiden name. And just change it legally here in the states at a later date.

What is everyone’s opinion on this and what are others experiences in similar situations. Or is the adoption even required. If we can produce certified letters from my wife’s parents that our daughter is really my wife’s biological daughter along with a DNA report supporting that fact would the US consulate let her K4 visa go through and let us adopt state side.

What's the possibility of getting the birth certificate corrected?

[Troy W 0]

What's the possibility of getting the birth certificate corrected?

Lawyer says only through adoption, My wife and her mother went to NSO and tried to change it but they refused.

I know my wife's parents would be more than happy signing notarized letters absolving parental rights, stating that she is the child of my wife’s, and a DNA test is easy enough. Also I believe we could even get the delivering DR to say my wife gave birth to her.

[Dakine 26]

What's the possibility of getting the birth certificate corrected?

Lawyer says only through adoption, My wife and her mother went to NSO and tried to change it but they refused.

I know my wife's parents would be more than happy signing notarized letters absolving parental rights, stating that she is the child of my wife’s, and a DNA test is easy enough. Also I believe we could even get the delivering DR to say my wife gave birth to her.

Main thing is to get NSO to recognize who the mother is so you/she can get a NSO BC showing who the real mom is. I doubt if USEM will accept any other evidence other than a certified NSO BC.

I know adoption rules were recently changed making it easier to adopt in RP. I don't know the specifics tho.