Birth Certificate Problem

[AKGirl 0]

Hi Everyone~

I really hope someone can ease our worries. Here is the situation! My sister's priority date is about to come current. She was petitioned by my mother as F2B (single over 21) and her kids under 21 are to travel with her. The problem is when her children's father registered their birth certificates, he stated a marriage date in order for them to carry his last name. Although she is SINGLE and can be proven with a CENOMAR (certificate of no marriage) we are afraid this would cause problems with the process of their visa.

Can anyone please advise what we should do??? Do you think having a marriage date on her childrens birth certificates would cause problems even if she can prove she really is single with a CENOMAR???

[I AM NOT THAT GUY 5,715]

Hi Everyone~

I really hope someone can ease our worries. Here is the situation! My sister's priority date is about to come current. She was petitioned by my mother as F2B (single over 21) and her kids under 21 are to travel with her. The problem is when her children's father registered their birth certificates, he stated a marriage date in order for them to carry his last name. Although she is SINGLE and can be proven with a CENOMAR (certificate of no marriage) we are afraid this would cause problems with the process of their visa.

Can anyone please advise what we should do??? Do you think having a marriage date on her childrens birth certificates would cause problems even if she can prove she really is single with a CENOMAR???

There may be some issues. Even though you can show a CENOMAR, there may be a case for common law marriage in the eyes of the USEM. You may need a statement from the father explaining what he did and why. You both may need to provide statements as to who had custody, and what periods you were living together, if any. This may be a judgement call on the part of the CO, and may result in a fraud inquiry. The law has been changed as to whether or not the children can use the father's name, even if they are not married, so depending on the ages of the children, that may not satisfy the USEM.

Good luck. These are just things to consider, and both my wife and I are just guessing.

Edited April 21, 2009 by Mister_Bill

[chinese_mutt 11]

Hi Everyone~

I really hope someone can ease our worries. Here is the situation! My sister's priority date is about to come current. She was petitioned by my mother as F2B (single over 21) and her kids under 21 are to travel with her. The problem is when her children's father registered their birth certificates, he stated a marriage date in order for them to carry his last name. Although she is SINGLE and can be proven with a CENOMAR (certificate of no marriage) we are afraid this would cause problems with the process of their visa.

Can anyone please advise what we should do??? Do you think having a marriage date on her childrens birth certificates would cause problems even if she can prove she really is single with a CENOMAR???

CALL NSO HOTLINE : (2) 737-11-11

ask how you can correct the birth certificate. i'm not sure if this is a major change or not, if major, you may have to go to the court to fix it. otherwise, you can ammend it in the Civil registrar I think. Call NSO to verify.

[AKGirl 0]

Hi guys~

I appreciate both of your response. So far my sister has inquired with a local atty on how to fix the birth certificates. Not only is it costly but it is also time consuming and require several court hearings which could cause her to run into deadlines and one of the children could be over the age of 21. This would be the smartest move possible, but we thought possibly having the CENOMAR would save her all the trouble and money. We didnt know if we should just let it be and hope that it doesnt cause problems. They also have joint affidavits of illegitimacy for the children by her and the father.

[shawns40 0]

Hello, my asawa had the same issue that you are experiencing, Im not sure if it will affect the visa process, but she did have a problem getting a passport issued through the PI government. To make a long story short we had to pay about 400 US dollars to get it corrected. Also it took about 6 week to work through the courts, and another 30 days to get the birth certificate from the NSO Manilia. Hope this helps. And good luck with your visa process.

Hi Everyone~

I really hope someone can ease our worries. Here is the situation! My sister's priority date is about to come current. She was petitioned by my mother as F2B (single over 21) and her kids under 21 are to travel with her. The problem is when her children's father registered their birth certificates, he stated a marriage date in order for them to carry his last name. Although she is SINGLE and can be proven with a CENOMAR (certificate of no marriage) we are afraid this would cause problems with the process of their visa.

Can anyone please advise what we should do??? Do you think having a marriage date on her childrens birth certificates would cause problems even if she can prove she really is single with a CENOMAR???

[AKGirl 0]

Hello, my asawa had the same issue that you are experiencing, Im not sure if it will affect the visa process, but she did have a problem getting a passport issued through the PI government. To make a long story short we had to pay about 400 US dollars to get it corrected. Also it took about 6 week to work through the courts, and another 30 days to get the birth certificate from the NSO Manilia. Hope this helps. And good luck with your visa process.

Hi Everyone~

I really hope someone can ease our worries. Here is the situation! My sister's priority date is about to come current. She was petitioned by my mother as F2B (single over 21) and her kids under 21 are to travel with her. The problem is when her children's father registered their birth certificates, he stated a marriage date in order for them to carry his last name. Although she is SINGLE and can be proven with a CENOMAR (certificate of no marriage) we are afraid this would cause problems with the process of their visa.

Can anyone please advise what we should do??? Do you think having a marriage date on her childrens birth certificates would cause problems even if she can prove she really is single with a CENOMAR???

Hi shawns40~ that sounds about the right amount they are wanting to charge her only we are talking about 3 kids here....the kids are already running into problems getting their passports because of this. They are asking my sister for a marriage certificate which she doesnt have... she now has to make the trip to DFA in Manila to see if they will accept the CENOMAR to prove she is single. It almost sound like she might just have to pay to get an atty to fix this mess....

[chinese_mutt 11]

Hello, my asawa had the same issue that you are experiencing, Im not sure if it will affect the visa process, but she did have a problem getting a passport issued through the PI government. To make a long story short we had to pay about 400 US dollars to get it corrected. Also it took about 6 week to work through the courts, and another 30 days to get the birth certificate from the NSO Manilia. Hope this helps. And good luck with your visa process.

Hi Everyone~

I really hope someone can ease our worries. Here is the situation! My sister's priority date is about to come current. She was petitioned by my mother as F2B (single over 21) and her kids under 21 are to travel with her. The problem is when her children's father registered their birth certificates, he stated a marriage date in order for them to carry his last name. Although she is SINGLE and can be proven with a CENOMAR (certificate of no marriage) we are afraid this would cause problems with the process of their visa.

Can anyone please advise what we should do??? Do you think having a marriage date on her childrens birth certificates would cause problems even if she can prove she really is single with a CENOMAR???

Hi shawns40~ that sounds about the right amount they are wanting to charge her only we are talking about 3 kids here....the kids are already running into problems getting their passports because of this. They are asking my sister for a marriage certificate which she doesnt have... she now has to make the trip to DFA in Manila to see if they will accept the CENOMAR to prove she is single. It almost sound like she might just have to pay to get an atty to fix this mess....

Sorry to hear about this.

It would be better if you line up all your ducks, meaning fix your papers before filing or going to interview for the visa. You will likely get an RFE and get denied due to conflicting documentation.

You're going to waste more money and time this way.

Have a good lawyer to fix the problem. Good luck!

[annaprice 17]

Hi Everyone~

I really hope someone can ease our worries. Here is the situation! My sister's priority date is about to come current. She was petitioned by my mother as F2B (single over 21) and her kids under 21 are to travel with her. The problem is when her children's father registered their birth certificates, he stated a marriage date in order for them to carry his last name. Although she is SINGLE and can be proven with a CENOMAR (certificate of no marriage) we are afraid this would cause problems with the process of their visa.

Can anyone please advise what we should do??? Do you think having a marriage date on her childrens birth certificates would cause problems even if she can prove she really is single with a CENOMAR???

hi. ive had the same problem. well what youre sister could do is go to the municipal hall where they registered the birthcertificates. and file for correction.. it usually takes 3 months but it still depends on the case. nweys the first step is to go to the local civil registry where the certificates where issued. then from there ask them the next step,coz it usually depends upon the case of the correction. goodluck