how to petition dad

[MrsE. 1]

Hi everyone! Good day to all. My family tree is a bit complicated. I was born out of wedlock and until now my father is legally married to another. Can I still submit a petition for him? I am currently in line for testing & interview for naturalization and intends to petition both of my parents.Please give me your guidance. Thank you very much.

[ngvuanh 0]

The answer, of course is YES.

You need to obtain all required documents for ready.

First of all, file I-130 to USCIS along with your birth certificate (translate to english if needed) showing your dad in there.

[MrsE. 1]

Thank you for your reply. There is an acknowledgement of paternity attached to my birth certificate. Is that sufficient? I read on the instructions for such case as mine that "emotional" and "financial" bond existed between the two of us must also be included, any suggestions on what to submit?

The answer, of course is YES.

You need to obtain all required documents for ready.

First of all, file I-130 to USCIS along with your birth certificate (translate to english if needed) showing your dad in there.

[Penguin_ie 5,996]

No emotional or financial bond is needed. There is a small chance they might ask for a DNA test, especially if you've had no contact at all.

[Jojo92122 1,924]

No emotional or financial bond is needed. There is a small chance they might ask for a DNA test, especially if you've had no contact at all.

This may not be correct if the OP is an illegitimate child under Philippine laws.

The OP will needs to show an emotional or financial bond before the age of 21 to petition his/her father if the acknowledgement of paternity attached to his/her birth certificate is insufficient to legitimize an illegitimate child under Philippine laws.

Under Philippines laws, a child born out of wedlock or an adulterous relationship is an illegitimate child.

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Start with the instructions for Form I-130. http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=5d893e4d77d73210VgnVCM100000082ca60aRCRD&vgnextchannel=5d893e4d77d73210VgnVCM100000082ca60aRCRD

http://www.visajourney.com/content/immigration-parents

My father. I was born out of wedlock and legitimated:

If you are applying to bring your father to the United States to live and you were born out of wedlock and were legitimated by your father before your 18th birthday and while you were unmarried, you must file the following with the U.S. Citizenship and Immigration Services (please note: if you have been legally adopted, you may not petition for your birth parent):

Form I-130, Petition for Alien Relative (if you are filing for both parents, you must file a separate petition for each parent)

A copy of your birth certificate showing your name

If you were not born in the U.S., a copy of either

Your Certificate of Naturalization or Citizenship or

Your U.S. passport

Evidence that you were legitimated before your 18th birthday through

A. the marriage of your birth parents, or

B. the laws of the state or country where you live, or

C. the laws of the state or country where your father lives

If anyone’s name has been legally changed (differs from the name on his or her birth certificate), evidence of the name change must be provided.

My father. I was born out of wedlock and was not legitimated:

If you are applying to bring your father to the United States to live and you were born out of wedlock and were not legitimated by your father before your 18th birthday and while you were unmarried, you must file the following with the U.S. Citizenship and Immigration Services (please note: if you have been legally adopted, you may not petition for your birth parent):

Form I-130, Petition for Alien Relative (if you are filing for both parents, you must file a separate petition for each parent)

A copy of your birth certificate showing your name

If you were not born in the U.S., a copy of either

Your Certificate of Naturalization or Citizenship or

Your U.S. passport

Evidence of the father-son or -daughter relationship

Evidence that an emotional or financial bond existed between you and your father before you were married or reached the age of 21.

If anyone’s name has been legally changed (differs from the name on his or her birth certificate), evidence of the name change must be provided.

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Instructions for Form I-130. http://www.uscis.gov/files/form/i-130instr.pdf

What Documents Do You Need to Prove Family Relationship?

You have to prove that there is a family relationship between you and your relative. If you are filing for:

4. A child born out of wedlock and you are the father: If the child was not legitimated before reaching 18 years old, you must file your petition with copies of evidence that a bona fide parent-child relationship existed between the father and the child before the child reached 21 years. This may include evidence that the father lived with the child, supported him or her, or otherwise showed continuing parental interest in the child's welfare.

7. A father: Submit a copy of your birth certificate showing the names of both parents. Also give a copy of your parents' marriage certificate establishing that your father was married to your mother before you were born, and copies of documents showing that any prior marriages of either your father or mother were legally terminated. If you are filing for a stepparent or adoptive parent, or if you are filing for your father and were not legitimated before your 18th birthday, also see 4, 8, and 9.

[i am not posting 8 and 9 because they are not relevant here. 8 deals with stepparent/stepchild - marriage before the stepchild's 18th birthday. 9 deals with adopted children]

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Legitimacy under Philippines Laws

http://www.weddingsatwork.com/culture_laws_familycode06.shtml

http://www.bcphilippineslawyers.com/the-family-code-of-the-philippines-2/

Art. 165. Children conceived and born outside a valid marriage are illegitimate, unless otherwise provided in this Code. (n)

Chapter 4. Legitimated Children

Art. 177. Only children conceived and born outside of wedlock of parents who, at the time of the conception of the former, were not disqualified by any impediment to marry each other may be legitimated. (269a)

Art. 178. Legitimation shall take place by a subsequent valid marriage between parents. The annulment of a voidable marriage shall not affect the legitimation. (270a)

Art. 179. Legitimated children shall enjoy the same rights as legitimate children. (272a)

Art. 180. The effects of legitimation shall retroact to the time of the child's birth. (273a)

Art. 181. The legitimation of children who died before the celebration of the marriage shall benefit their descendants. (274)

Art. 182. Legitimation may be impugned only by those who are prejudiced in their rights, within five years from the time their cause of action accrues. (275a)

http://mabuhaylaw.blogspot.com/search/label/Who%20Are%20Considered%20Illegitimate%20Children%3F%20Illegitimate%20Children

Who Are Considered Illegitimate Children?

Children conceived and born outside a valid marriage are illegitimate, unless otherwise provided in the Family Code.

The following are illegitimate children :

a) Those born of couples who are not legally married, or of common-law marriages;

b) Those born of bigamous marriages;

c) Those born of adulterous relations between the parents;

d) Those born of couples below 18, whether they are married (which marriage is void) or not;

e) Those born within marriages that are void from the beginning under Article 35 of the Family Code, except where the marriage of the parents is void for lack of authority on the part of the solemnizing officer, but the parties or either of them had believed in good faith that the solemnizing officer had authority, in which case the marriage will be considered valid and the children will be considered legitimate. (Article 35, par. (2));

f) Those born of marriages that are incestuous and void from the beginning under Article 37;

g) Those born of void marriages for reasons of public policy under Article 38.

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I am not a Filipino lawyer, so I can not opined if the OP has been legitimized. Under US immigration laws, the child will need to show emotional and financial ties in order to petition his/her father if the child is illegitimate.

Edited July 29, 2011 by Jojo92122

[Jojo92122 1,924]

Thank you for your reply. There is an acknowledgement of paternity attached to my birth certificate. Is that sufficient? I read on the instructions for such case as mine that "emotional" and "financial" bond existed between the two of us must also be included, any suggestions on what to submit?

You will need to ask a Filipino lawyer if you are an illegitimate or legitimate child under Philippines laws.

Even if you are illegitimate, did your father been supporting you emotionally or financially before you were 21 years old? If he did, then there must be photographs of him during your youth, financial payments he made for your welfare, etc. If he didn't do these things, then he did not establish a father/child relationship with you before age 21. If he didn't establish this relationship, then you cannot petition for him. I guess the underlying US policy is that if a father does not support a child born out of wedlock emotionally or financially (lack of a relationship), the father should not get the opportunity to immigrate to the US based on the blood relationship to the child.