getting my daughter.. any tips please..

[ca_babe 129]

You also need a court order to fix your daughter's birth certificate since this is complicated. The only changes that you can do on a Philippine birth certificate without court orders are misspellings, change of first name per Republic Act No. 9048 (An Act Authorizing The City Or Municipal Civil Registrar Or The Consul General To Correct A Clerical Or Typographical Error In An Entry And/Or Change Of First Name Or Nickname In The Civil Register Without Need Of A Judicial Order, Amending For This Purpose Articles 376 And 412 Of The Civil Code Of The Philippines).

[my_honey-bunch 0]

You also need a court order to fix your daughter's birth certificate since this is complicated. The only changes that you can do on a Philippine birth certificate without court orders are misspellings, change of first name per Republic Act No. 9048 (An Act Authorizing The City Or Municipal Civil Registrar Or The Consul General To Correct A Clerical Or Typographical Error In An Entry And/Or Change Of First Name Or Nickname In The Civil Register Without Need Of A Judicial Order, Amending For This Purpose Articles 376 And 412 Of The Civil Code Of The Philippines).

Yes you were right, the adoption was not legal.. During that time, we have no idea about this matter.. The midwife insisted us to put my parents name on my daughter's BC instead.. I was thinking to apply her as a late registered and change the spelling of her name,but I don't know if it's right cuz I listed my daughter on my Ds form and my husband listed her on I-129F.. So on my appointment letter from USEM she is included.. I think we have to consider petitioning her back to my name which will take a year or more.. and then after that, what petition we can apply? I know I cannot petition her til I become USC, so my husband thought if he can petition my daughter as step daughter.. We would go to the fastest way to get her..

Do you know an attorney? Any recommendation?

Thanks

[ca_babe 129]

Yes you were right, the adoption was not legal.. During that time, we have no idea about this matter.. The midwife insisted us to put my parents name on my daughter's BC instead.. I was thinking to apply her as a late registered and change the spelling of her name,but I don't know if it's right cuz I listed my daughter on my Ds form and my husband listed her on I-129F.. So on my appointment letter from USEM she is included.. I think we have to consider petitioning her back to my name which will take a year or more.. and then after that, what petition we can apply? I know I cannot petition her til I become USC, so my husband thought if he can petition my daughter as step daughter.. We would go to the fastest way to get her..

Do you know an attorney? Any recommendation?

Thanks

You should ask your parents to go to the Public Attorney's Office and ask for a recommendation. It's best to put your name on your daughter's birth certificate. Personally, it's better to wait and have her birth certificate fixed rather than add more lies to your lies. I understand your frustration but you really can't blame the midwife for putting your parent's name on your daughter's BC unless she had a gun pointed to your head which doesn't makes sense.

My mom also lied on her marriage license. She used her mother's surname instead of her father's surname because her birth certificate said that she's a Chinese citizen and her father did not pay for an ACR for her so they couldn't get married. Rather than claiming Filipino citizenship because her mother is a Filipino, she took the advice of the city hall employee and declared that her father is unknown and used her mother's surname instead. They were able to get married. But now that I'm petitioning her, her lie has come to hunt her back. Her name on her birth certificate doesn't match the name on my birth certificate either. The lawyer that she consulted told her the same thing that it'll take a year to have it fixed. Her files are in the US Embassy now, but I'm expecting that we'll be in administrative processing until my birth certificate or her birth certificate is fixed. I don't know which document the US Embassy would want to have fixed so we went ahead with the petition anyways.

Anyways, what I'm trying to say is to do the right thing. Correct your mistakes and do not add more because you want your daughter to get here quicker. Assigning blame to someone else doesn't help.

[my_honey-bunch 0]

Are you saying that you are currently going through the process of having your mother's BC ammended? If so, how many hearings have you had?

[apple21 953]

Tell your parents to go to the Local Civil Registry of the Municipality where your child's birth certificate is registered.

They will be able to properly advice them on what to do.

Don't take short cuts if the process of correcting the BC will take months. You're already in a deep mess as it is. Good luck.

[let-it-be 36]

Yes you were right, the adoption was not legal.. During that time, we have no idea about this matter.. The midwife insisted us to put my parents name on my daughter's BC instead.. I was thinking to apply her as a late registered and change the spelling of her name,but I don't know if it's right cuz I listed my daughter on my Ds form and my husband listed her on I-129F.. So on my appointment letter from USEM she is included.. I think we have to consider petitioning her back to my name which will take a year or more.. and then after that, what petition we can apply? I know I cannot petition her til I become USC, so my husband thought if he can petition my daughter as step daughter.. We would go to the fastest way to get her..

Do you know an attorney? Any recommendation?

Thanks

That is incorrect that you can't petition for your daughter until you become a US citizen. File your Adjustment of Status after you get married. Then once you become a permanent resident you can petition your child. I suggest you read this : http://www.uscis.gov...000082ca60aRCRD & this Instructions of Form I-130 Petition for Alien Relative: http://www.uscis.gov.../i-130instr.pdf

But first off, you must take care of your daughter's birth certificate issues before you can petition her. Follow apple21's advice. Don't even consider going through Late registration of her BC. You are going to create a lot more problems by doing so.

Edited October 12, 2012 by let-it-be

[my_honey-bunch 0]

That is incorrect that you can't petition for your daughter until you become a US citizen. File your Adjustment of Status after you get married. Then once you become a permanent resident you can petition your child. I suggest you read this : http://www.uscis.gov...000082ca60aRCRD & this Instructions of Form I-130 Petition for Alien Relative: http://www.uscis.gov.../i-130instr.pdf

But first off, you must take care of your daughter's birth certificate issues before you can petition her. Follow apple21's advice. Don't even consider going through Late registration of her BC. You are going to create a lot more problems by doing so.

We will file my AOS soon.. So you mean once I get my green card I can petition her? what petition should we apply for her? Yes we are considering now to fix my daughter bc back to my name.. We have to know how many hearings required because I can't go back to Phil yet. Do you have an idea how long it will take for petitioning my daughter?

[let-it-be 36]

We will file my AOS soon.. So you mean once I get my green card I can petition her? what petition should we apply for her? Yes we are considering now to fix my daughter bc back to my name.. We have to know how many hearings required because I can't go back to Phil yet. Do you have an idea how long it will take for petitioning my daughter?

It will take a lot longer for you to petition your daughter than it is if your US citizen husband to petition her as a step-daughter. Here is the VJ guide: For a US citizen & a stepparent: http://www.visajourn...ontent/childpet. That petition will take less than a year.

Edited October 12, 2012 by let-it-be

[my_honey-bunch 0]

Thanks a lot let-it-be.. I would consider this.. it helped me and reduced my stress a little bit..

Thanks apple21 and ca_babe for giving me an idea..

I greatly appreciated you all..

[Cathi 5,696]

You do not have to wait to until you are a citizen to petition your daughter, you can do it as soon as you become a permanent resident. Just make sure the situation with her birth certificate is taken care of first. Good luck!!

[my_honey-bunch 0]

You do not have to wait to until you are a citizen to petition your daughter, you can do it as soon as you become a permanent resident. Just make sure the situation with her birth certificate is taken care of first. Good luck!!

Thanks!

[my_honey-bunch 0]

Hi fellow vj's.. I'm in dilemma of getting my daughter.. I got here in United States w k1 visa and wasn't able to bring my daughter due to her birth certificate issue. My parents was written as her parents on her official birth certificate.. You know how hard to be away from your child. This is just our first time to be away from each other and everyday I am praying and hoping to be w her w my husband his son and me as a one happy family. She just turned to 5 few months ago. I love being w my husband but I also need my daughter and she needs me as well. To those mom I know you can relate of what I feel..

I talked w some attorney and she wanted us to adopt my daughter. Unfortunately we do not have much money to do it right now because of our current financial status. Bringing me here is very costly, filed my AOS, paying our car and some debts and bills..

I hope there is someone who can advice me what to do w this matter..

Many thanks..

[VanessaTony 3,567]

Well if your parents are listed as her parents then she is their child. You would need to adopt her. From my understanding you would need to live there for 2 years together with your husband before you would be able to bring her over (as an adopted child). Unfortunately lying on her birth certificate has caused this issue.

[apple21 953]

Same topic by OP: http://www.visajourney.com/forums/topic/393853-how-to-bring-my-daughter/page__p__5751098#entry5751098

[VanessaTony 3,567]

You're probably going to have to undergo DNA testing to prove the kid is yours, I would hope so anyway. Otherwise they might just think that you are trying to get your SISTER here by changing the birth certificate illegally.