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Posted

hi,

My mother in law petitioned my fiance's half brothers and their dad. They are now in the US but left one here who is over 21 yrs of age.

The whole story there is, my fiance is the first son of my mother in law way back 1981. My fiance's dad petitioned him and his dad and left for the US when he was 7yrs old. My fiance's dad was addicted to drugs and was turning crazy and hurting my mother in law. My fiance and his mom ran away, went to guam and went to the philippines because he was turning all crazy and cant control him anymore. They felt that that was the only way to go.

When they were here in the Philippines, my fiance's mom met another man. (my fiance and my mother in law are both USC already and this was around 1987 i think). He had 3 kids with this man, the eldest is the 22 yrs old now. However, because she wanted to keep this as a secret from her in laws in the US, when she gave birth, she had her sister put her name as the mom of the new born baby. She gave birth in the province and you know how the system works here, you can always ask favor for them to do that. So there, the birth certificate shows that the mother of her baby is her sister and the father of course is the new man.

After a year, she got pregnant again but this time, she put her name on his birth certificate as the mom and the new man is the father, this kid now is 21 yrs old now same goes with the 3rd kid is 18 yrs old.

My mother in law went back to US and worked, my fiance was left here in the philippines with his half brothers and their father (half brothers father). My fiance followed to the US after sometime. My fiance's dad was deported to the philippines because of drugs. When he went back here, he still continued to take drugs until he totally lost his mind and cant recognize people around him anymore. My fiance's dad did 2002 due to multiple organ failure.

Before my mother in law left for US before, she ended her relationship with his new man that got her pregnant with 3 kids, move on with her life to continue to raise her kids and just sending money to the philippines if she could. When she is starting to have her life back considering the nightmare that she had with my fiance's dad, being a battered wife, she eventually petitioned her mom and went to the US as well. She finally fixed her life and moved on with it.

On 2007, me and mother in law talked about having my fiance's half brother come to the US. I see no problem with it since those are her kids anyways. The only problem that came across our conversation was the very first kid that she had her sister sign the birth certificate as the mom. What she taught about is to just marry the father so that the father can bring him to the US.

So, my mother in law went to the philippines last april 2007 married my fiance's half brother's father. Went back to the US and filed petition for IR2 for the 2 kids, CR1 for the father. All visas were granted since, they really had relationship a couple of years back, had babies and my mother in law's first husband died 2002.

The 2nd kid who just turned 21 just got to the US last December 2008 with an IR2 visa. Same goes with the 3rd kid who is now 18yrs old and said will be granted US citizenship. ( his case was expedited by USCIS for him to get a US citizenship before the age of 18. so when his mom filed the IR2 visa for the youngest son come april 2007, after 3 months, it got approved together with the father's CR1 visa. the reason behind that was they wanted the youngest son to be in the US before his 18th bday to be granted the US citizenship and the CR1 of the father was also expedited together with the youngest son's petition since being a minor, they want the father to be with him when he gets to the US).

If you are following this story, you will notice that the eldest son was left here in the Philippines. We are thinking of the fastest way to bring him to the US. I understand that being over 21yrs old will make it 10-15yrs of wait, but that is fine, he is willing to wait. Two choices that I have thought of, the youngest son now is a US citizen and is working, can petition him as a brother of a US citizen, the father with CR1 visa cant file as of yet because his visa is conditional and still have to adjust status after a while before he can file the petition, am I correct?

However, BIRTH CERTIFICATE is a major requirement during the process. should we stick to what is on his birth certificate and stand by it that the mother is not my in law but her sister's? Or should we fix his birth certificate and file a LATE REGISTRATION AT OUR NATIONAL STATISTICS OFFICE and place that his mother is his real mother. (it sound redundant but thats the simplest way i can state it, sorry ). If we fix his birth certificate, instead of the brother petitioning the eldest son, my mother in law can just petition him right? Im just thinking of complications that will arise and whats the solution for this because, in reality, she is still the mom.

let me recap my questions:

1.) Can my fiance's eldest half brother go to the US after being petitioned?

2.) who should petition him?

3.) should we stand by what is written on his birth certificate that his mother is my mother in law's sister, or should we just file a LATE REGISTRATION at NATIONAL STATISTICS OFFICE and place that his mom is my mother in law? Is that possible?

4.) I understand that US embassy does its own verification with our NATIONAL STATISTICS OFFICE, so I'm assuming, this might really be a big problem because they might see there that his name will appear twice on the database, one it will show the same dad but different mom (that is what I am thinking) So I really dont know how to fix this mess.

I hope to hear some advice here guys. Sorry if its really long but its really like a soap.

Arrived Honolulu June 8, 2009
Got Married: June 17, 2009
Applied for SSN Card: June 19, 2009
Received SSN Card: June 25, 2009
AOS Timeline[
Sent AOS Packet: July 8, 2009
NOAs for AP and EAD: July 23, 2009
NOA for AOS: July 27, 2009
Biometrics date for my K2: Aug 22, 2009
Biometrics for me: Aug 20, 2009
Notice date for biometrics: July 31 and Aug 4, 2009
RFE received and AOS resumed: Sept 3, 2009
AP and EAD approved: October 22, 2009 (MY BIRTHDAY!)
AP approval notice received in the mail: Oct 25, 2009
EAD approval notice mailed: Oct 28, 2009

LIFTING CONDITIONS:
APPROVED FOR BOTH me and my daughter: 3/12/2012

NATURALIZATION:
Filed: 9/13/2012
I797C: 9/17/2012
Interview: 1/3/2013
Oath: 2/13/2013

IR5 (MOM)

NOA1: February 27, 2013

NOA2: November 19, 2013

NVC Received: Dec 19, 2013 but assigned an SDO case number

NVC changed case number to MNL: 1/23/2014

Paid AOS fee: 1/25/14

IV Invoice via email: 1/30/14

Paid IV: 1/30/14

CASE COMPLETE: 3/7/14

NVC Schedule: 4/10/2014

Filed: Country: Vietnam (no flag)
Timeline
Posted
hi,

My mother in law petitioned my fiance's half brothers and their dad. They are now in the US but left one here who is over 21 yrs of age.

The whole story there is, my fiance is the first son of my mother in law way back 1981. My fiance's dad petitioned him and his dad and left for the US when he was 7yrs old. My fiance's dad was addicted to drugs and was turning crazy and hurting my mother in law. My fiance and his mom ran away, went to guam and went to the philippines because he was turning all crazy and cant control him anymore. They felt that that was the only way to go.

When they were here in the Philippines, my fiance's mom met another man. (my fiance and my mother in law are both USC already and this was around 1987 i think). He had 3 kids with this man, the eldest is the 22 yrs old now. However, because she wanted to keep this as a secret from her in laws in the US, when she gave birth, she had her sister put her name as the mom of the new born baby. She gave birth in the province and you know how the system works here, you can always ask favor for them to do that. So there, the birth certificate shows that the mother of her baby is her sister and the father of course is the new man.

After a year, she got pregnant again but this time, she put her name on his birth certificate as the mom and the new man is the father, this kid now is 21 yrs old now same goes with the 3rd kid is 18 yrs old.

My mother in law went back to US and worked, my fiance was left here in the philippines with his half brothers and their father (half brothers father). My fiance followed to the US after sometime. My fiance's dad was deported to the philippines because of drugs. When he went back here, he still continued to take drugs until he totally lost his mind and cant recognize people around him anymore. My fiance's dad did 2002 due to multiple organ failure.

Before my mother in law left for US before, she ended her relationship with his new man that got her pregnant with 3 kids, move on with her life to continue to raise her kids and just sending money to the philippines if she could. When she is starting to have her life back considering the nightmare that she had with my fiance's dad, being a battered wife, she eventually petitioned her mom and went to the US as well. She finally fixed her life and moved on with it.

On 2007, me and mother in law talked about having my fiance's half brother come to the US. I see no problem with it since those are her kids anyways. The only problem that came across our conversation was the very first kid that she had her sister sign the birth certificate as the mom. What she taught about is to just marry the father so that the father can bring him to the US.

So, my mother in law went to the philippines last april 2007 married my fiance's half brother's father. Went back to the US and filed petition for IR2 for the 2 kids, CR1 for the father. All visas were granted since, they really had relationship a couple of years back, had babies and my mother in law's first husband died 2002.

The 2nd kid who just turned 21 just got to the US last December 2008 with an IR2 visa. Same goes with the 3rd kid who is now 18yrs old and said will be granted US citizenship. ( his case was expedited by USCIS for him to get a US citizenship before the age of 18. so when his mom filed the IR2 visa for the youngest son come april 2007, after 3 months, it got approved together with the father's CR1 visa. the reason behind that was they wanted the youngest son to be in the US before his 18th bday to be granted the US citizenship and the CR1 of the father was also expedited together with the youngest son's petition since being a minor, they want the father to be with him when he gets to the US).

If you are following this story, you will notice that the eldest son was left here in the Philippines. We are thinking of the fastest way to bring him to the US. I understand that being over 21yrs old will make it 10-15yrs of wait, but that is fine, he is willing to wait. Two choices that I have thought of, the youngest son now is a US citizen and is working, can petition him as a brother of a US citizen, the father with CR1 visa cant file as of yet because his visa is conditional and still have to adjust status after a while before he can file the petition, am I correct?

However, BIRTH CERTIFICATE is a major requirement during the process. should we stick to what is on his birth certificate and stand by it that the mother is not my in law but her sister's? Or should we fix his birth certificate and file a LATE REGISTRATION AT OUR NATIONAL STATISTICS OFFICE and place that his mother is his real mother. (it sound redundant but thats the simplest way i can state it, sorry ). If we fix his birth certificate, instead of the brother petitioning the eldest son, my mother in law can just petition him right? Im just thinking of complications that will arise and whats the solution for this because, in reality, she is still the mom.

let me recap my questions:

1.) Can my fiance's eldest half brother go to the US after being petitioned?

2.) who should petition him?

3.) should we stand by what is written on his birth certificate that his mother is my mother in law's sister, or should we just file a LATE REGISTRATION at NATIONAL STATISTICS OFFICE and place that his mom is my mother in law? Is that possible?

4.) I understand that US embassy does its own verification with our NATIONAL STATISTICS OFFICE, so I'm assuming, this might really be a big problem because they might see there that his name will appear twice on the database, one it will show the same dad but different mom (that is what I am thinking) So I really dont know how to fix this mess.

I hope to hear some advice here guys. Sorry if its really long but its really like a soap.

If his US citizen brother petitions for him, it would be in the F4 category (US citizen petitioning for a sibling). The wait for a Filipino is 23 years as those in this category with petition filed on or before May 15, 1986 are just getting their visas.

If he gets his birth certificate fix and his US citizen mother petitions for him in the F1 category (US citizen petition for unmarried child), the wait is 16 years. Currently, F1 Filipinos beneficiaries with I-130 filed on or before July 15, 1993 are getting visas. If the brother gets married, he will automatically move to the F3 category where F1 Filipinos filing on or before June 8, 1991 are getting visas.

If I understand what you are saying correctly, the 22 years old brother's dad is now in the US and has a green card (legal permanent resident). He can file for his son in the F2b category (LPR filing for unmarried child 21 years or older). Visas are available for F2b Filipinos with I-130 filed on or before Dec 1, 1997. THIS IS THE FASTEST WAY TO GET THE BROTHER AN IMMIGRATION VISA. The brother should not get married until he is in the US with a green card; otherwise the application will be denied as an LPR cannot petition for a married child. The dad can become a US citizen and if he does, he should request that the application not be reclassified as an F1 at that time.

Posted
hi,

My mother in law petitioned my fiance's half brothers and their dad. They are now in the US but left one here who is over 21 yrs of age.

The whole story there is, my fiance is the first son of my mother in law way back 1981. My fiance's dad petitioned him and his dad and left for the US when he was 7yrs old. My fiance's dad was addicted to drugs and was turning crazy and hurting my mother in law. My fiance and his mom ran away, went to guam and went to the philippines because he was turning all crazy and cant control him anymore. They felt that that was the only way to go.

When they were here in the Philippines, my fiance's mom met another man. (my fiance and my mother in law are both USC already and this was around 1987 i think). He had 3 kids with this man, the eldest is the 22 yrs old now. However, because she wanted to keep this as a secret from her in laws in the US, when she gave birth, she had her sister put her name as the mom of the new born baby. She gave birth in the province and you know how the system works here, you can always ask favor for them to do that. So there, the birth certificate shows that the mother of her baby is her sister and the father of course is the new man.

After a year, she got pregnant again but this time, she put her name on his birth certificate as the mom and the new man is the father, this kid now is 21 yrs old now same goes with the 3rd kid is 18 yrs old.

My mother in law went back to US and worked, my fiance was left here in the philippines with his half brothers and their father (half brothers father). My fiance followed to the US after sometime. My fiance's dad was deported to the philippines because of drugs. When he went back here, he still continued to take drugs until he totally lost his mind and cant recognize people around him anymore. My fiance's dad did 2002 due to multiple organ failure.

Before my mother in law left for US before, she ended her relationship with his new man that got her pregnant with 3 kids, move on with her life to continue to raise her kids and just sending money to the philippines if she could. When she is starting to have her life back considering the nightmare that she had with my fiance's dad, being a battered wife, she eventually petitioned her mom and went to the US as well. She finally fixed her life and moved on with it.

On 2007, me and mother in law talked about having my fiance's half brother come to the US. I see no problem with it since those are her kids anyways. The only problem that came across our conversation was the very first kid that she had her sister sign the birth certificate as the mom. What she taught about is to just marry the father so that the father can bring him to the US.

So, my mother in law went to the philippines last april 2007 married my fiance's half brother's father. Went back to the US and filed petition for IR2 for the 2 kids, CR1 for the father. All visas were granted since, they really had relationship a couple of years back, had babies and my mother in law's first husband died 2002.

The 2nd kid who just turned 21 just got to the US last December 2008 with an IR2 visa. Same goes with the 3rd kid who is now 18yrs old and said will be granted US citizenship. ( his case was expedited by USCIS for him to get a US citizenship before the age of 18. so when his mom filed the IR2 visa for the youngest son come april 2007, after 3 months, it got approved together with the father's CR1 visa. the reason behind that was they wanted the youngest son to be in the US before his 18th bday to be granted the US citizenship and the CR1 of the father was also expedited together with the youngest son's petition since being a minor, they want the father to be with him when he gets to the US).

If you are following this story, you will notice that the eldest son was left here in the Philippines. We are thinking of the fastest way to bring him to the US. I understand that being over 21yrs old will make it 10-15yrs of wait, but that is fine, he is willing to wait. Two choices that I have thought of, the youngest son now is a US citizen and is working, can petition him as a brother of a US citizen, the father with CR1 visa cant file as of yet because his visa is conditional and still have to adjust status after a while before he can file the petition, am I correct?

However, BIRTH CERTIFICATE is a major requirement during the process. should we stick to what is on his birth certificate and stand by it that the mother is not my in law but her sister's? Or should we fix his birth certificate and file a LATE REGISTRATION AT OUR NATIONAL STATISTICS OFFICE and place that his mother is his real mother. (it sound redundant but thats the simplest way i can state it, sorry ). If we fix his birth certificate, instead of the brother petitioning the eldest son, my mother in law can just petition him right? Im just thinking of complications that will arise and whats the solution for this because, in reality, she is still the mom.

let me recap my questions:

1.) Can my fiance's eldest half brother go to the US after being petitioned?

2.) who should petition him?

3.) should we stand by what is written on his birth certificate that his mother is my mother in law's sister, or should we just file a LATE REGISTRATION at NATIONAL STATISTICS OFFICE and place that his mom is my mother in law? Is that possible?

4.) I understand that US embassy does its own verification with our NATIONAL STATISTICS OFFICE, so I'm assuming, this might really be a big problem because they might see there that his name will appear twice on the database, one it will show the same dad but different mom (that is what I am thinking) So I really dont know how to fix this mess.

I hope to hear some advice here guys. Sorry if its really long but its really like a soap.

If his US citizen brother petitions for him, it would be in the F4 category (US citizen petitioning for a sibling). The wait for a Filipino is 23 years as those in this category with petition filed on or before May 15, 1986 are just getting their visas.

If he gets his birth certificate fix and his US citizen mother petitions for him in the F1 category (US citizen petition for unmarried child), the wait is 16 years. Currently, F1 Filipinos beneficiaries with I-130 filed on or before July 15, 1993 are getting visas. If the brother gets married, he will automatically move to the F3 category where F1 Filipinos filing on or before June 8, 1991 are getting visas.

If I understand what you are saying correctly, the 22 years old brother's dad is now in the US and has a green card (legal permanent resident). He can file for his son in the F2b category (LPR filing for unmarried child 21 years or older). Visas are available for F2b Filipinos with I-130 filed on or before Dec 1, 1997. THIS IS THE FASTEST WAY TO GET THE BROTHER AN IMMIGRATION VISA. The brother should not get married until he is in the US with a green card; otherwise the application will be denied as an LPR cannot petition for a married child. The dad can become a US citizen and if he does, he should request that the application not be reclassified as an F1 at that time.

the 22 year old brother's dad is now in the US with a CR1 visa. that's conditional and if im correct, he would need to adjust his status after 2 yrs to get an LPR. am i correct? My next question is, how about the birth certificate, if the dad will be the one to petition it or the brother, either or, he needs to fix the birth certificate still or what?

Im thinking if he fixes it, the USEM here will see 2 names on our NSO's database and will see that he his name is attached to one dad but two moms? and might question that he only fixed it now that his dad and brothers are in the US and just doing it to get to the US with them.

Arrived Honolulu June 8, 2009
Got Married: June 17, 2009
Applied for SSN Card: June 19, 2009
Received SSN Card: June 25, 2009
AOS Timeline[
Sent AOS Packet: July 8, 2009
NOAs for AP and EAD: July 23, 2009
NOA for AOS: July 27, 2009
Biometrics date for my K2: Aug 22, 2009
Biometrics for me: Aug 20, 2009
Notice date for biometrics: July 31 and Aug 4, 2009
RFE received and AOS resumed: Sept 3, 2009
AP and EAD approved: October 22, 2009 (MY BIRTHDAY!)
AP approval notice received in the mail: Oct 25, 2009
EAD approval notice mailed: Oct 28, 2009

LIFTING CONDITIONS:
APPROVED FOR BOTH me and my daughter: 3/12/2012

NATURALIZATION:
Filed: 9/13/2012
I797C: 9/17/2012
Interview: 1/3/2013
Oath: 2/13/2013

IR5 (MOM)

NOA1: February 27, 2013

NOA2: November 19, 2013

NVC Received: Dec 19, 2013 but assigned an SDO case number

NVC changed case number to MNL: 1/23/2014

Paid AOS fee: 1/25/14

IV Invoice via email: 1/30/14

Paid IV: 1/30/14

CASE COMPLETE: 3/7/14

NVC Schedule: 4/10/2014

Filed: Country: Vietnam (no flag)
Timeline
Posted

I cannot advise you whether to fix the birth certificate or not. You need to consult with a qualified immigration lawyer for that. The way I see it is that the lie about his birth mother has a reasonable explanation - the birth mother did not want her abusive husband to know that she gave birth. Continuing the lie on the immigration forms can be dangerous as it is grounds to cancel the visa and the person could even be deported after arriving in the US. However, the other side of the coin is that fixing it might draw attention to fact that mom is not truthful. I don't know how USCIS will evaluate the situation. You need to consult a lawyer.

The other thing is that you can have more than one I-130 running concurrently. If the petitioner dies, the petition automatically is denied. You cannot substitute another petitioner. After the birth certificate is fixed, I would have the dad, mom, and brother each file a separate I-130. This is a good idea if the parents are older as it takes so long for Filipinos to immigrate. Lots of people have had petitioning parents die and restart everything by going to the back of the line.

Posted
LAWYER TIME!

I am going through the same thing with my 3 year old step daughter,,,,FYI false information put on a B.C is a 10 year jail time in the philippines.

oh my. so what do we have to do now?

Arrived Honolulu June 8, 2009
Got Married: June 17, 2009
Applied for SSN Card: June 19, 2009
Received SSN Card: June 25, 2009
AOS Timeline[
Sent AOS Packet: July 8, 2009
NOAs for AP and EAD: July 23, 2009
NOA for AOS: July 27, 2009
Biometrics date for my K2: Aug 22, 2009
Biometrics for me: Aug 20, 2009
Notice date for biometrics: July 31 and Aug 4, 2009
RFE received and AOS resumed: Sept 3, 2009
AP and EAD approved: October 22, 2009 (MY BIRTHDAY!)
AP approval notice received in the mail: Oct 25, 2009
EAD approval notice mailed: Oct 28, 2009

LIFTING CONDITIONS:
APPROVED FOR BOTH me and my daughter: 3/12/2012

NATURALIZATION:
Filed: 9/13/2012
I797C: 9/17/2012
Interview: 1/3/2013
Oath: 2/13/2013

IR5 (MOM)

NOA1: February 27, 2013

NOA2: November 19, 2013

NVC Received: Dec 19, 2013 but assigned an SDO case number

NVC changed case number to MNL: 1/23/2014

Paid AOS fee: 1/25/14

IV Invoice via email: 1/30/14

Paid IV: 1/30/14

CASE COMPLETE: 3/7/14

NVC Schedule: 4/10/2014

 
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