complicated I-130 petition for father

[cEzYcHiC 0]

So, after a long wait to finally reach this journey of petitioning for my Dad, I found out a whole lot of complicated mess. 28 years ago, my parents got hitched behind their parent's backs due to the fact that both sides don't agree with each other. My mother was originally 16 years old and falsified her BC to show that she was 18. My dad did the same thing and falsified his BC to show that he was 20 instead of being 18. Unfortunately, my mom wasn't able to keep up with her lie and decided to use the year 1965 instead of 1966 as her birth year (based on her marriage cert) in all legal documents that includes my own BC as well as my 2 other sisters. But her marriage certificate shows that she was born on 1966. Her BC shows that she was born 1965. Her baptismal certificate shows her real birth year which was 1968. I don't know how she got around with all documents but it's beginning to be a big headache for me. I don't plan to petition her yet but I cannot just shove it under the rug that it doesn't exist. Anyways, another problem is that their marriage certificate shows an incorrect name of my mom's wherein it was missing a letter from "Antonieta" to "Antonita". Should I wait to send my I-130 after all legal documents are fixed? Or can I just submit it since I'm only petitioning for my Dad? My Dad's legal documents sticks with his falsified BC which is 1964. Please advise..

[apple21 953]

IMO, have the falsified documents corrected first before applying the petition.

Using falsified documents can lead to a lifetime ban on entering the US.

Edited October 26, 2012 by apple21

[ca_babe 129]

Your parent's marriage is not legal since your mother is not yet 18. Please see link below.

http://www.chanrobles.com/executiveorderno209.htm#.UIpBGBj6w4Y

Chapter 3. Void and Voidable Marriages

Art. 35. The following marriages shall be void from the beginning: (1) Those contracted by any party below eighteen years of age even with the consent of parents or guardians;

Several issues that I can see:

1. If their marriage is not valid, then you're considered an illegitimate child.

2. Your considered an illegitimate child but your birth certificate says your legitimate and shows that they're married.

3. Your father's falsified birth certficate can't be used to file the petition because well, it's falsified. You have to submit the NSO copy which matches the one from the local civil registrar.

4. You're probably using your father's surname which you're not supposed to if their marriage is not valid.

Your case is too complicated. You should consult a family attorney in Philippines. My mother has name issues with her birth certificate and on mine and she was told that it'll take a year to have the documents fixed. Yours will probably take the same time even if it's more complicated since you will be filing all of the corrections in one petition to the Philippine court.