Unexpected Name change of child listed on K1

[LoveLife2 5]

Please help with this unusual situation,

I just filed for our I-129F Yesterday and found out today that my Fiances' Ex Boyfriend had his oldest sons name changed to add his last name. Apparently this can be done in the Philippines without a Mothers approval. Not sure if he's just screwing with us but it changes everything on my Visa application if the boys last name is now different than who I listed and identified on our photos and he still needs a passport. I asked my Fiance is she could still get a passport in his original name as she has a Birth certificate still showing his original name but I fear that somewhere down the process someone will pull up the childs last name as different on his newly changed birth certificate.

Questions:

Can I change the childs name after I submitted it to USCIS?

If so would I need some sort of affidavit to show the change and when it happened?

Would it be possible for my Fiance to get a paasport with his original name on his birth certificate or is this a questionable way and he may be denied?

It's so strange that the ex's manuvers coincide with our engagement. He is still the playboy and partying but yet found this so important enough to do now. I have a strong feeling this is the work of his Mother....

Thank you for any help or advice.

Brad

[Hank_ 9,174]

Have your Fiancee order a NSO birth certificate, going to need it to get the passport anyway. Then you will know for sure. Being the mother has sole custody of the child I seriously doubt the name was changed, but it is the Phils..............

[LoveLife2 5]

Hello Hank,

She already had a NSO copy of his birth certificate with the original last name but was at the local office with the ex boyfriends Mother yesterday and it was confirmed the he did change the last name to his. I was told that the ex boyfriend/Father is able to do this without the Mother consent. Issue is I just sent our I-129F in with the original last name. I wonder if this is an issue with the I-129F or if this matters more at the Visa application process she will do after the I-129F approval. Seems I might have to call USCIS on this one.

Thanks for your input.

Brad

[sunandmoon 450]

Hello Hank,

She already had a NSO copy of his birth certificate with the original last name but was at the local office with the ex boyfriends Mother yesterday and it was confirmed the he did change the last name to his. I was told that the ex boyfriend/Father is able to do this without the Mother consent. Issue is I just sent our I-129F in with the original last name. I wonder if this is an issue with the I-129F or if this matters more at the Visa application process she will do after the I-129F approval. Seems I might have to call USCIS on this one.

Thanks for your input.

it should not be a problem with the I-129f being approved by USCIS, since the children are only listed on the petition. the question is if there will be implications at the visa application stage. the US Embassy goes by birth certificates from NSO, not the Local Civil Registry Office.

http://photos.state.gov/libraries/manila/19452/public/Revised%20K1%20Instruction_rtf2_rtf2_001.pdf

question is will they be able to amend the certificate at NSO? looks like the mother thinks this is an opportunity to line her pockets.

[Hank_ 9,174]

My best suggestion would be to get a copy of THAT paperwork and then an updated NOS BC (when and if it become actual fact there, it may never pass beyond the local registry, in which case - no one will care). I won't even begin to try to comprehend how the Phils work in regard to a non-custody person being able to change a birth certificate.... but its the Phils... just when you think something isn't possible...

Edited April 18, 2013 by Hank_

[LoveLife2 5]

I just spoke with USCIS and this isn't as big an issue as I thought it too be but MUST be resolved now. The customer support person stated that when I have my receipt# to call back and speak with an Immigration Agent who can change the name on the application but most likely will request a new NSO Birth certificate to show the changed name. I have a copy of the original so I will also send that to show the name I applied for before the change. So now I will need my Fiance' to get a new NSO copy and send it to me. Wonder if a fax would do? I'm just relieved that I don't have to resubmit the entire application :-)

I'm surprised by the way things work in the Philippines at times as I would never have thought this name change to be possible without custodial Moms approval.

Thanks all for your input!!!

Brad

[sunandmoon 450]

some changes are possible at the Local Civil Registry Office, but doudt procedures were followed to change the last name.

http://nso.citizenservices.com.ph/nso-certificate-ra9048

[LoveLife2 5]

some changes are possible at the Local Civil Registry Office, but doudt procedures were followed to change the last name.

http://nso.citizenservices.com.ph/nso-certificate-ra9048

Thanks for the link :-)

It is vague as to who can change the child's name as it only says 'Parent' but doesn't specify if the Parent is the legal guardian. I'm just glad this can be changed at USCIS as they stated to me on the phone. I already asked my Fiance to get a new NSO copy of birth certificate for the child ASAP even if the office had confirmed the change I would like to see it in writing.

PS. I believe the Ex boyfriends Mom is trying what she can to derail my Fiance's wishes of moving here to the USA with her kids. One month ago the ex Mom showed up and asked my Fiance to sign a form so kids could visit their Dad in Canada if he gets a work visa. The document was legally giving up ALL RIGHTS to both of her children ages 6 and 8. Of course she didn't sign but after that I trust nothing this Woman says or does.

Thanks again!

Brad

[Hank_ 9,174]

Thanks for the link :-)

It is vague as to who can change the child's name as it only says 'Parent' but doesn't specify if the Parent is the legal guardian. I'm just glad this can be changed at USCIS as they stated to me on the phone. I already asked my Fiance to get a new NSO copy of birth certificate for the child ASAP even if the office had confirmed the change I would like to see it in writing.

PS. I believe the Ex boyfriends Mom is trying what she can to derail my Fiance's wishes of moving here to the USA with her kids. One month ago the ex Mom showed up and asked my Fiance to sign a form so kids could visit their Dad in Canada if he gets a work visa. The document was legally giving up ALL RIGHTS to both of her children ages 6 and 8. Of course she didn't sign but after that I trust nothing this Woman says or does.

Thanks again!

Brad

If "they" just did the change at the local registry it could take months before the updated name change would show at NSO so rushing out and getting a new NSO BC may not have the new name. Be watchful but be patient as well, if the name change does not show up at NSO or if NSO does not accept the name change because it was not done by the custodial parent .... just thinking out loud here.

[LoveLife2 5]

If "they" just did the change at the local registry it could take months before the updated name change would show at NSO so rushing out and getting a new NSO BC may not have the new name. Be watchful but be patient as well, if the name change does not show up at NSO or if NSO does not accept the name change because it was not done by the custodial parent .... just thinking out loud here.

Good advise!

I think I would like to see the current NSO BC even if we find it hasn't changed but at least we will know the current status. After more thought, I think the local office in Zamboanga did indeed state the name change but maybe that was just noting the request and maybe it will not be approved as it wasn't applied for by the custodial parent. Life can be crazy but patience is a must.

Thanks again Hank!

Brad

[apple21 953]

The fact that the children are illegitimate makes mom the sole custodian. So even if the name change is successful, mom can still bring them to the US.

Mother should immediately go to the LCR, track and verify the documents. The LCR keeps a copy of the Affidavit that dad executed, if he really executed such. She can stop the process by saying that dad falsified her signature and she did not consent the name change. If the documents were already forwarded to NSO, then she can directly go there.

[LoveLife2 5]

The fact that the children are illegitimate makes mom the sole custodian. So even if the name change is successful, mom can still bring them to the US.

Mother should immediately go to the LCR, track and verify the documents. The LCR keeps a copy of the Affidavit that dad executed, if he really executed such. She can stop the process by saying that dad falsified her signature and she did not consent the name change. If the documents were already forwarded to NSO, then she can directly go there.

Thank you for the advice!

I keep asking how this can happen without her signature but she states in local Zamboanga office they WILL accept the name change request from a Father that is noted on the Birth certificate even though he is not the custodial parent. So different than in the USA.. So Different!!

After I spoke with USCIS It seems this will not be an issue but I still wonder how this is possible in Phil? I will tell her your advice now.

Thanks so much!

Brad

[apple21 953]

Thank you for the advice!

I keep asking how this can happen without her signature but she states in local Zamboanga office they WILL accept the name change request from a Father that is noted on the Birth certificate even though he is not the custodial parent. So different than in the USA.. So Different!!

After I spoke with USCIS It seems this will not be an issue but I still wonder how this is possible in Phil? I will tell her your advice now.

Thanks so much!

Brad

Looking deep into RA 9255, it seems the FATHER can execute the name change, even without mom's consent.

Rule 3. Who may file

Under these rules, the father, mother, child if of age, or the guardian, may file the public document or Affidavit to Use the Surname of the Father (AUSF) in order for the child to use the surname of the father.

Source: http://www.census.gov.ph/civilregistration/republic-act-9255

Once she gets a hold of that new annotated BC, tell her to apply for her kids' passport ASAP.

[LoveLife2 5]

Just spoke with my girl,

She is at the records office getting latest NSO Birth Certs, and applying for the kids passports with these new docs. Then she will send me the oldest boys new NOS BC with the name change. I can then change this with USCIS according to my call this morning to USCIS.

Better to have this cleared up now.

[apple21 953]

Just spoke with my girl,

She is at the records office getting latest NSO Birth Certs, and applying for the kids passports with these new docs. Then she will send me the oldest boys new NOS BC with the name change. I can then change this with USCIS according to my call this morning to USCIS.

Better to have this cleared up now.

Yes, the quicker you get the boys' annotated NSO BC, the better. Send it ASAP to USCIS.