Change child's surname to mom's maidenname

[mark&rhiz 0]

Hello everyone!

Just wanted to get some suggestions from you regarding my matter...

I am here in US now, married to a USC and is currently under AOS. I have a 4-yr old son, he is still in the Philippines w/ my mom's care. He is currently carrying my ex-bf's surname and I want it changed to my maiden name while he is in the Philippines. We are not married w/ my ex and the ex is no longer in the picture right after I gave birth to my son. Maybe he just waited for the birth certificate to be done so my son can carry his name.

As to bringing my son here in the US, i have decided that i will find a job first and be stable before bringing him here.

When I also entered US as a k1 VISA last sept 2009, I have already given my son's birth certificate copy to the immigration, bearing that ex's surname. What can you suggest? pls...this is really important to me..

I really appreciate everything...

[one...two...tree 2,762]

We tried to change my stepson's middle name - he came over with my wife as a K-2, but during his AOS, we were told that we must wait until he's a USC before we can change his name. I'm not entirely sure if that is accurate though.

[marklovetina 52]

We tried to change my stepson's middle name - he came over with my wife as a K-2, but during his AOS, we were told that we must wait until he's a USC before we can change his name. I'm not entirely sure if that is accurate though.

uhmmm..??? really..? so meaning a kid can change his/her name when he/she got the citizenship in USA????.... somebody pls. elaborate this... pls...?

thank u soo much...

[one...two...tree 2,762]

uhmmm..??? really..? so meaning a kid can change his/her name when he/she got the citizenship in USA????.... somebody pls. elaborate this... pls...?

thank u soo much...

Ok, I did a little searching and you cannot change a stepchild's name (K-2 visa) through just the marriage of the K-1 to the USC. The USC must legally adopt the child if you want the child to have the last name of the USC. This is consistent with the laws for step children already living here in the U.S..

Edit to Add: For Rhiz - I would think that as long as you can legally change his surname in the Philippines, when you finally petition him, you would just need to show immigration documentation of his name change. As far I understand - under Philippine Law, mothers of children born out of wedlock have sole legal rights to the child.

Edited February 27, 2010 by Galt's gallstones

[mark&rhiz 0]

Ok, I did a little searching and you cannot change a stepchild's name (K-2 visa) through just the marriage of the K-1 to the USC. The USC must legally adopt the child if you want the child to have the last name of the USC. This is consistent with the laws for step children already living here in the U.S..

Edit to Add: For Rhiz - I would think that as long as you can legally change his surname in the Philippines, when you finally petition him, you would just need to show immigration documentation of his name change. As far I understand - under Philippine Law, mothers of children born out of wedlock have sole legal rights to the child.

Thank you very much for your quick responses Galts gallstones:star: This way i can set my priorities on what to do first. For sure, I will just let his name change done in the Philippines.

[ryandgracey 2]

Ok, I did a little searching and you cannot change a stepchild's name (K-2 visa) through just the marriage of the K-1 to the USC. The USC must legally adopt the child if you want the child to have the last name of the USC. This is consistent with the laws for step children already living here in the U.S..

Edit to Add: For Rhiz - I would think that as long as you can legally change his surname in the Philippines, when you finally petition him, you would just need to show immigration documentation of his name change. As far I understand - under Philippine Law, mothers of children born out of wedlock have sole legal rights to the child.

you'll also need some document from the father that he is relinquishing his rights to the child,an that he is consenting to you bringing him here to the US, since his name appears on the birth certificate

[Deputy Purple 1,294]

you'll also need some document from the father that he is relinquishing his rights to the child,an that he is consenting to you bringing him here to the US, since his name appears on the birth certificate

WRONG!

See the link in my signature. Child born out of wedlock then the mom has sole custody & rights for the child...

[mark&rhiz 0]

WRONG!

See the link in my signature. Child born out of wedlock then the mom has sole custody & rights for the child...

your link is really a good help, i understand it now. i appreciate it!

[marklovetina 52]

Ok, I did a little searching and you cannot change a stepchild's name (K-2 visa) through just the marriage of the K-1 to the USC. The USC must legally adopt the child if you want the child to have the last name of the USC. This is consistent with the laws for step children already living here in the U.S..

uhmmm, ok thank's for ur response...

Edit to Add: For Rhiz - I would think that as long as you can legally change his surname in the Philippines, when you finally petition him, you would just need to show immigration documentation of his name change. As far I understand - under Philippine Law, mothers of children born out of wedlock have sole legal rights to the child.

Edited February 27, 2010 by godsgift

[Jaggerdude 0]

Ok, I did a little searching and you cannot change a stepchild's name (K-2 visa) through just the marriage of the K-1 to the USC. The USC must legally adopt the child if you want the child to have the last name of the USC. This is consistent with the laws for step children already living here in the U.S..

Edit to Add: For Rhiz - I would think that as long as you can legally change his surname in the Philippines, when you finally petition him, you would just need to show immigration documentation of his name change. As far I understand - under Philippine Law, mothers of children born out of wedlock have sole legal rights to the child.

I'm confused. I've read elsewhere in this forum that "adoption" of K2 visa holders, specifically, children under 21 years old is not necessary because the marriage of the USC petitioner to the K1 Visa fiance takes the place of the adoption process. So when can we as a married couple legally change the last name (surname) of the K2 child into the USC petitioner's (father) last name? I know it could be changed when the child is naturalized, but couldn't it be changed when the marriage happens (just by virtue of the marriage itself)? And if so, do we specify the name change in the I-485 AOS filing for the K2 child?

Thanks in advance!