BIRTH certificate shows different mom

[luck-e and Kookie 0]

hi,

I figure i have to post this here. i hope you guys can help...

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.

[geezer 1]

This is something that you need legal advice to know what options are open. Things dont work the same way here as in the Phils. Your attempts to fix things on your own might jeopardise all of your families future here. Get a good lawyer.

Edited March 4, 2009 by geezer

[luck-e and Kookie 0]

This is something that you need legal advice to know what options are open. Things dont work the same way here as in the Phils. Your attempts to fix things on your own might jeopardise all of your families future here. Get a good lawyer.

thanks geezer! I was planning to consult gurfinkel's ofc but man! i bet it will be expensive.

[Minya's wife 25]

The whole story there is, my fiance is the first son of my mother in law way back 1981.

Your story is too convoluted and I have a hard time following the individuals involved. But my main question is, how/where do you fit in, who are you in relation to this story? Are you also petitioning your 'fiancee'? How can the mother (but not the mother on the BC) be your mother in law, if you're not married?

[MJ3lasvegas 0]

is it just me or the entire scenario..

i got lost while reading the whole thing and even if i did finished reading it now, still im confuse..

hmm, id say it would be best to write the main juices of issue and leave the intricate details behind, that way, we will get to understand where the situation stand and what we'd suggest that you and your mother-in-law should do..

but then again, is it just me??

Edited March 4, 2009 by MJ3lasvegas

[Minya's wife 25]

....

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).

Are you sure your terminology is correct? If the 2 kids just recently came to the US (December 2008?) on IR2 visas how is it that anyone is a US citizen?

[rheanick 42]

How about sticking with the truth right now. Change the name of the mother in the BC from the sister's name to the real mother's name (your MIL on your story).

And one suggestion, please stop calling your fiance's mother as your mother in law. If you stick with this mother in law thing and the consul saw this in your evidences, you would have a bigger problem explaining it.

Use mother in law for your fiance's mother after marriage. This make the story so confusion to everyone.

[luck-e and Kookie 0]

....

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).

Are you sure your terminology is correct? If the 2 kids just recently came to the US (December 2008?) on IR2 visas how is it that anyone is a US citizen?

Lets put names on this situation so that it will be clearer. My fiance's name is Luck-e, (soon to be married to him so I consider his mom my mom-in-law) His mom's name is Gloria, His 21 yr old kid is Rey, and the 18 yr old kid is Warren and the one with the CR1 visa's name is Luke.

When there were petitioned, their visa shows IR2. Their cases got current when warren was 2008. USCIS expedited the warren's case because of the CHILD CITIZENSHIP ACT of 2000. Their case was different (warren and Luke) it didnt go the normal wait periods because USCIS expedited their case. It is stated on the letter with the instructions on how to medical, that Warren has to be in the US before he reaches 18 in order for him to get a US CITIZENSHIP. We were informed by the USEM when we called that his case is expedited and need not to be scheduled. Just go to the embassy anytime Mondays-Fridays 8-5pm and they can have their interview anytime. However, Rey who is 20 yrs old when the case got current, was left here and just got his visa last Dec 2008. There were no instructions nor letters stating that he will have the US Citizenship just like what warren received.

[luck-e and Kookie 0]

The whole story there is, my fiance is the first son of my mother in law way back 1981.

Your story is too convoluted and I have a hard time following the individuals involved. But my main question is, how/where do you fit in, who are you in relation to this story? Are you also petitioning your 'fiancee'? How can the mother (but not the mother on the BC) be your mother in law, if you're not married?

I am the fiance of the US citizen who is under a K1 visa. I consider his mom my MOTHER IN LAW now even if we havent married yet because i am technically waiting to be in the US and marry my US CITIZEN fiance who petitioned me.

[luck-e and Kookie 0]

How about sticking with the truth right now. Change the name of the mother in the BC from the sister's name to the real mother's name (your MIL on your story).

And one suggestion, please stop calling your fiance's mother as your mother in law. If you stick with this mother in law thing and the consul saw this in your evidences, you would have a bigger problem explaining it.

Use mother in law for your fiance's mother after marriage. This make the story so confusion to everyone.

Ok. I'm sorry. My bad. Just used to say that. But then again, to make clear, as of the moment, she is not my mother in law yet. thanks reanick!

[jom 4]

After reading your story your two main issues are:

1. Whether or not the entry as to the "mother" in the BC of your fiance's half brother should be changed?

2. Who should petition your fiance's half brother after fixing his BC ?

Clearly the other characters have no problems at all since their visas have already been approved and they are all here in the US.

I say get a good immigration lawyer especially that there is "fraud" involved because of the "simulated birth" ( when another person is entered as the mother of the child in the BC other than the real mother ).

Sticking to the truth or not, I believe a good lawyer can give your fiance's mother the best advice to fix everything.

Goodluck.

[luck-e and Kookie 0]

After reading your story your two main issues are:

1. Whether or not the entry as to the "mother" in the BC of your fiance's half brother should be changed?

2. Who should petition your fiance's half brother after fixing his BC ?

Clearly the other characters have no problems at all since their visas have already been approved and they are all here in the US.

I say get a good immigration lawyer especially that there is "fraud" involved because of the "simulated birth" ( when another person is entered as the mother of the child in the BC other than the real mother ).

Sticking to the truth or not, I believe a good lawyer can give your fiance's mother the best advice to fix everything.

Goodluck.

thanks!!