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Filed: K-1 Visa Country: Philippines
Timeline
Posted

Hello all VJ's,

I have a question, My girl has Never been married but has 2 kids from an ex boyfriend who doesn't support them 'Playboy'. So she has 2 kids with her and ex boyfriend but the birth certificates state last names are different for the 6 and 8 year old. The 6 yr old has the Fathers last name but the 8 year old has the Mama's last name. Do you see any problems in this K1/K2 filing? The Ex-Boyfriend wants to change the 8 year old's last name to also match his. He's is currently unemployed. He doesn't know of our pending mariage but knows about me in the USA. But his Mama 'LOLA' is REALLY wanting to keep my girls kids any way she can and I fear that she will try to block their K2. No basis to block it but she will try, I know this..

Thanks for any advise.

God Bless.

Brad

event.png

11/01/2012 - Met online
04/01/2012 - Met in person
04/02/2012 - Became engaged
04/19/2013 - I-129F sent
04/24/2013 - NOA 1
08/14/2013 - NOA 2
00/00/2013 - Packet 3
00/00/2013 - Packet 4
00/00/2013 - Medical
00/00/2013 - Interview
00/00/2013 - Visa in hand
00/00/2013 - CFO Completed
00/00/2013 - Arrived in Minnesota
00/00/2013 - Married in Minnesota

Filed: K-1 Visa Country: Philippines
Timeline
Posted

Not speaking ethically or morally, but just legally, in the Philippines the mother has ALL the rights for children under 7 and MOST of the rights for children over. In your case, legally speaking, I don't believe you will have any problems with the K2 process for either child.

I brought a fiancee over years ago with a 1 year old son. His father's name was on the BC and he had his father's last name. The father was never, ever mentioned during the entire process. It was totally as if the actual birth father didn't matter at all. Whether he was in the picture or not (in our case he was not in the picture at all) it didn't seem that it would matter. Others have reported similar experience.

That said, I guess it's possible for a father to make a stink but I am not aware of any cases similar to yours where a father was successful in having any impact to the process.

Good luck!

Posted

Hello all VJ's,

I have a question, My girl has Never been married but has 2 kids from an ex boyfriend who doesn't support them 'Playboy'. So she has 2 kids with her and ex boyfriend but the birth certificates state last names are different for the 6 and 8 year old. The 6 yr old has the Fathers last name but the 8 year old has the Mama's last name. Do you see any problems in this K1/K2 filing? The Ex-Boyfriend wants to change the 8 year old's last name to also match his. He's is currently unemployed. He doesn't know of our pending mariage but knows about me in the USA. But his Mama 'LOLA' is REALLY wanting to keep my girls kids any way she can and I fear that she will try to block their K2. No basis to block it but she will try, I know this..

Thanks for any advise.

God Bless.

Brad

the question is:

isn't your fiancee and the kids are still here in Philippines? if YES your fiancee all she do is go to legal office and get a AFFIDAVIT TO USE THE SURNAME OF THE MOTHER then after that go the the register office to filed it and get a certification. the follow up to NSO.

i did that to my daughter and she have 2 birth certificate hehe... but she can used both..

Filed: IR-2 Country: Philippines
Timeline
Posted

Hello all VJ's,

I have a question, My girl has Never been married but has 2 kids from an ex boyfriend who doesn't support them 'Playboy'. So she has 2 kids with her and ex boyfriend but the birth certificates state last names are different for the 6 and 8 year old. The 6 yr old has the Fathers last name but the 8 year old has the Mama's last name. Do you see any problems in this K1/K2 filing? The Ex-Boyfriend wants to change the 8 year old's last name to also match his. He's is currently unemployed. He doesn't know of our pending mariage but knows about me in the USA. But his Mama 'LOLA' is REALLY wanting to keep my girls kids any way she can and I fear that she will try to block their K2. No basis to block it but she will try, I know this..

Thanks for any advise.

God Bless.

Brad

we are on the same boat i have two kids also and my oldest use her real dads last name and the youngest use my last name.never have any problem at all and they are here with me in the US now.but if the real father support the children then he has the right to make a problem.and if there is a custody battle they cant leave the country until it resolve.its all depends on what the ex and the mother agreed too but if there is no commitment between the father and the children then the mother has the right to do anything she wants for her children.

Filed: K-1 Visa Country: Philippines
Timeline
Posted

we are on the same boat i have two kids also and my oldest use her real dads last name and the youngest use my last name.never have any problem at all and they are here with me in the US now.but if the real father support the children then he has the right to make a problem.and if there is a custody battle they cant leave the country until it resolve.its all depends on what the ex and the mother agreed too but if there is no commitment between the father and the children then the mother has the right to do anything she wants for her children.

Thank you for your reply,

I realy need to know more about this situation. As I understand, The Mom is the soul provider since no marriage. The Father has NO Support directed to him and he doesn't pay but his Moma 'LOLA' does but only at certain times. Actualy missing monthly Private school test payments. I have sent paymnets now to cover this and her bourding house to stay in a clean, nice place. I really want the oldest to stay 100% with his Moma. And this is going to happen.

Anyone else have Lola issues?

event.png

11/01/2012 - Met online
04/01/2012 - Met in person
04/02/2012 - Became engaged
04/19/2013 - I-129F sent
04/24/2013 - NOA 1
08/14/2013 - NOA 2
00/00/2013 - Packet 3
00/00/2013 - Packet 4
00/00/2013 - Medical
00/00/2013 - Interview
00/00/2013 - Visa in hand
00/00/2013 - CFO Completed
00/00/2013 - Arrived in Minnesota
00/00/2013 - Married in Minnesota

Filed: IR-2 Country: Philippines
Timeline
Posted

Thank you for your reply,

I realy need to know more about this situation. As I understand, The Mom is the soul provider since no marriage. The Father has NO Support directed to him and he doesn't pay but his Moma 'LOLA' does but only at certain times. Actualy missing monthly Private school test payments. I have sent paymnets now to cover this and her bourding house to stay in a clean, nice place. I really want the oldest to stay 100% with his Moma. And this is going to happen.

Anyone else have Lola issues?

i am not sure about that but as long as nobody knows in her ex side of the family thats shes taking the kids outside the country your good.as long as the kids is under her custody you should be ok. when i go for the interview for my kids they ask where is the father of my children and i said i dont know and never had contact with him since my youngest is born.thats it.i dont know if the ex family can make a problem if they found out that your petitioning the kids.if they have proof that they are giving money or support to the children even its not permanent they can have a right.jst hope for the best and try to do secretly same as i did even though my ex never been in my childrens life i was still worried if they make a problem as my daughter using his last name but thanks to God never have problem at all

Filed: K-1 Visa Country: Philippines
Timeline
Posted

i am not sure about that but as long as nobody knows in her ex side of the family thats shes taking the kids outside the country your good.as long as the kids is under her custody you should be ok. when i go for the interview for my kids they ask where is the father of my children and i said i dont know and never had contact with him since my youngest is born.thats it.i dont know if the ex family can make a problem if they found out that your petitioning the kids.if they have proof that they are giving money or support to the children even its not permanent they can have a right.jst hope for the best and try to do secretly same as i did even though my ex never been in my childrens life i was still worried if they make a problem as my daughter using his last name but thanks to God never have problem at all

Thank you!

That was the pefect answer as it relates to us. I have been trying to get the oldest son in her home but she lives in a boarding house not suited for her and 2 kids. My girl has recently found a home and I'm going to be helping with monthly payments. My biggest concern is the oldest boy staying at her ex boyfreind house - LOLA and she is very controling. Can Lola claim that the son is her resposibility if he stays there?

event.png

11/01/2012 - Met online
04/01/2012 - Met in person
04/02/2012 - Became engaged
04/19/2013 - I-129F sent
04/24/2013 - NOA 1
08/14/2013 - NOA 2
00/00/2013 - Packet 3
00/00/2013 - Packet 4
00/00/2013 - Medical
00/00/2013 - Interview
00/00/2013 - Visa in hand
00/00/2013 - CFO Completed
00/00/2013 - Arrived in Minnesota
00/00/2013 - Married in Minnesota

Filed: IR-2 Country: Philippines
Timeline
Posted

Thank you!

That was the pefect answer as it relates to us. I have been trying to get the oldest son in her home but she lives in a boarding house not suited for her and 2 kids. My girl has recently found a home and I'm going to be helping with monthly payments. My biggest concern is the oldest boy staying at her ex boyfreind house - LOLA and she is very controling. Can Lola claim that the son is her resposibility if he stays there?

absolutely she can (LOLA).Now, the older child has the right to choose if he wants to stay or go.in the philippines 7 yrs old has the right to choose.what i did before is talk to a lawyer in the Philippines what are my chances of having problem to get my kids as one of them using my ex last name and they said as long as you have the custody of the kids its no problem at all and nothing to worry but in your case there maybe a problem i'm not trying to discourage you but im just trying to let you know what are possibility.All i can suggest you if that happen that you might try to talk to the ex family and explain to them that you can give the kids better future here in the US.

Filed: F-2A Visa Country: Philippines
Timeline
Posted

Illegitimate children will always be in the mother's sole custody.

Your fiancee can do whatever she wants with her children. They can all immigrate. The surnames doesn't matter as long as the mother's name is clearly written on the BC. Mother-child relationship is the only proof that your fiancee has to show for the children to be under K2. As long as she has a clean CENOMAR, she's free to marry and immigrate on K1.

Posted

Hello all VJ's,

I have a question, My girl has Never been married but has 2 kids from an ex boyfriend who doesn't support them 'Playboy'. So she has 2 kids with her and ex boyfriend but the birth certificates state last names are different for the 6 and 8 year old. The 6 yr old has the Fathers last name but the 8 year old has the Mama's last name. Do you see any problems in this K1/K2 filing? The Ex-Boyfriend wants to change the 8 year old's last name to also match his. He's is currently unemployed. He doesn't know of our pending mariage but knows about me in the USA. But his Mama 'LOLA' is REALLY wanting to keep my girls kids any way she can and I fear that she will try to block their K2. No basis to block it but she will try, I know this..

Thanks for any advise.

God Bless.

Brad

I had 2 kids (same father) from a previous relationship. As long as they are not legally married in the PI then there is no problem.

My husband petitioned my 2 kids through IR2 and my kids are here with me since 2010 and they are now also a citizen like me.

Filed: K-1 Visa Country: Philippines
Timeline
Posted

the question is:

isn't your fiancee and the kids are still here in Philippines? if YES your fiancee all she do is go to legal office and get a AFFIDAVIT TO USE THE SURNAME OF THE MOTHER then after that go the the register office to filed it and get a certification. the follow up to NSO.

i did that to my daughter and she have 2 birth certificate hehe... but she can used both..

Hi. I am just curious on what you said. Are you here in the United States? If so, your daughter were able to use that affidavit and brought her w you? Well I have different situation though. My daughter is under my parents name. Wasn't able to bring her cuz I'm scared to pursue and bring her w me, I am scared that USEM won't believe us that I'm the biological mother cuz her bc is not under my name. Anyway we are in court process now. Just waiting for the court order.

Posted (edited)

Hi. I am just curious on what you said. Are you here in the United States? If so, your daughter were able to use that affidavit and brought her w you? Well I have different situation though. My daughter is under my parents name. Wasn't able to bring her cuz I'm scared to pursue and bring her w me, I am scared that USEM won't believe us that I'm the biological mother cuz her bc is not under my name. Anyway we are in court process now. Just waiting for the court order.

yes my daughter she have 2 birth cert. Because when i gave birth to her i put her surname under my surname. and then my ex and i, i thought we gonna be forever so we file a affidavit in marikina city for changing her surname under my ex surname. and yes you can blocked the other birth cert if you want to blocked. and i am married and were only waiting the petition.

Edited by missing_tulips
 
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