Name change and Legitimation with I130 still for approval

[e24 6]

I had petitioned my daughter last august. Birth was acknowledged by the father but my daughter is using my surname. I am getting married soon. If im going to petition my husband (daughter's biological father) will i have a problem if ever we will not start the legitimization and change name process for our daughter? If ever the petition of my husband will be approved will my child benefit if ever she remains using my surname?

[apple21 953]

Since you already filed i-130 for your daughter, it doesn't matter if she's illegitimate or what her surname is.

What's important is that her NSO birth certificate shows that you are her mother to prove your mother-child relationship.

If daughter's BC is late registered, might as well prepare her baptismal certificate too, as supporting document.

For your husband's i-130, you need to provide your marriage certificate.

[aaron2020 11,651]

I had petitioned my daughter last august. Birth was acknowledged by the father but my daughter is using my surname. I am getting married soon. If im going to petition my husband (daughter's biological father) will i have a problem if ever we will not start the legitimization and change name process for our daughter? If ever the petition of my husband will be approved will my child benefit if ever she remains using my surname?

The US does not treat legitimization with the same level of importance as the Philippines. For most purposes, legitimization does not matter in the US.

As far as the US is concern, legitimization does not matter when you are petitioning your child and your husband. When you petition your daughter, her legitimization status does not matter to the US. When you petition your husband, his daughter's legitimization has nothing to do with his case.

If you want to legitimize your daughter in the US, then being married to her father solves that problem in most states. http://www.avvo.com/legal-guides/ugc/legitimation-in-the-various-us-states-as-determined-in-the-foreign-affairs-manual U.S. Department of State Foreign Affairs Manual Volume 7 - Consular Affairs

I. IS A CHILD LEGITIMATED BY THE SUBSEQUENT INTERMARRIAGE OF ITS PARENTS?

1. ALABAMA - Yes, if child is recognized by natural father. Section 26-11-1 of Alabama Code. (1993)

2. ALASKA - Yes. Section 25.20.050 of Alaska Statutes (1993)

3. ARIZONA - Yes. Section 8-601 of Arizona Revised Statutes. (1992)

4. ARKANSAS - Yes. Section 28-9-209 of the Arkansas Statutes. (1992)

5. CALIFORNIA - Yes, if in addition to the marriage the father: (1) Consents to being named as the father on the child's birth certificate or (2) Is obligated to support the child under a voluntary written promise or by court order. Section 7004(a)(3) of California Civil Code. (1992)

6. COLORADO - Yes. Section 19-4-103 and 19-4-105 of Colorado Revised Statutes.(1992)

7. CONNECTICUT - Yes. Section 45a-438(b)(1) of Connecticut General Statutes. (1992)

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8. DELAWARE - Yes. Section 1301 of Title 13 of Delaware Code. (1988)

9. DISTRICT OF COLUMBIA - Yes. Sections 16-907 and 16-908 Code of District of Columbia. (1993)

10. FLORIDA - Yes. Section 742.091 of Florida Statutes. (1992)

11. GEORGIA - Yes, if the father recognizes the child as his. Section 19-7-20 of Code of Georgia. (1993)

12. HAWAII - Yes. Sections 338-21 and 584-2 of Hawaii Revised Statutes. (1991)

13. IDAHO - Yes. Section 32-1006 of Idaho Code. (1992)

14. ILLINOIS - Yes. Chapter 40, Sections 2502 and 2505 of Illinois Revised Statutes. (1993)

15. INDIANA - Yes, if putative father marries the mother of the child and acknowledges the child to be his own. Section 29-1-2-7 of the Indiana Statutes. (1992)

16. IOWA - Yes. Section 595.18 of Code of Iowa. (1993)

17. KANSAS - Yes. Sections 38-1112 and 38-1114 of Kansas Revised Statutes. (1990)

18. KENTUCKY - Yes, if the natural parents participated in a marriage ceremony before or after the birth of the child, even though the attempted marriage is void. Section 391.105 of Kentucky Revised Statutes. (1989)

19. LOUISIANA - Yes, when the child has been formally or informally acknowledged by both parents, whether before or after the marriage. Article 198 of Louisiana Civil Code. (1992)

20. MAINE - Yes. Title 18-A Section 2-109(2)(1) of Maine Revised Statutes. (1992)

21. MARYLAND - Yes, if the father has acknowledged himself, orally or in writing, to be the father. Section 1-208 of Estates and Trusts Code of Maryland. (1993)

22. MASSACHUSETTS - Yes, if acknowledged by father or ordered by court. Chapter 190, Section 7 of Massachusetts General Laws. (1992)

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23. MICHIGAN - Yes. Sections 27.5111 and 25.107 of Michigan Compiled Laws Annotated. (1991)

24. MINNESOTA - Yes. Section 257.55 and 257.52 of Minnesota Statutes. (1992)

25. MISSISSIPPI - Yes. An illegitimate child is legitimated if the natural father marries the natural mother and acknowledges the child. Section 93-17-1 of Mississippi Code. (1991)

26. MISSOURI - Yes. If father acknowledges that child is his. Section 474.070 of Missouri Revised Statutes. (1992)

27. MONTANA - Yes. Section 40-6-203 of Montana Code. (1989)

28. NEBRASKA - Yes. Section 43.1409 of Revised Statutes of Nebraska. (1991)

29. NEVADA - Yes. Section 122.140 of Nevada Revised Statutes. (1992)

30. NEW HAMPSHIRE - Yes. Section 457.42 of New Hampshire Revised Statutes Annotated. (1989)

31. NEW JERSEY - Yes. Sections 9:17-39, 9:17-40 and 9:17-43 of Revised Statues of New Jersey (1992)

32. NEW MEXICO - Yes. Section 45-2-109 of New Mexico Statutes. (1992)

33. NEW YORK - Yes. Article 3, Section 24 of Consolidated Laws of New York. (1992)

34. NORTH CAROLINA - Yes. Section 49-12 General Statues of North Carolina. (1989)

35. NORTH DAKOTA - Yes. Section 14-09-02 of North Dakota Century Code. (1989)

36. OHIO - Yes. Section 3111.03 of Ohio Revised Code. (1992)

37. OKLAHOMA - Yes. Title 10 Section 2 of Oklahoma Statutes Annotated. (1992)

38. OREGON - Yes. Section 109.070(3) to be read in combination with Section 109.060 of Oregon Revised Statutes. (1991)

39. PENNSYLVANIA - Yes. Pa.C.S.A. 20 Sec. 2107 and 23 Pa.C.S.A. 7 FAM 1130 Page 89 of 101

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Sec. 5101 of Purdon's Pennsylvania Statutes Annotated. (1992)

40. RHODE ISLAND - Yes. Section 33-1-8 of General Laws of Rhode Island. (1992)

41. SOUTH CAROLINA - Yes. Section 20-1-60 of Code of Laws of South Carolina. (1990)

42. SOUTH DAKOTA - Yes. Section 29-1-15.1 of South Dakota Codified Laws. (1992)

43. TENNESSEE - Yes. Section 36-2-207 of Tennessee Code Annotated. (1992)

44. TEXAS - Yes. Title 2, Section 12.01 and 12.02 of Texas Code Annotated. (1992)

45. UTAH - Yes. Section 75-2-109(2)(a) of Utah Code Annotated. (1992)

46. VERMONT - Yes, if the child is recognized by the father. Title 14 Section 554 of Vermont Statutes Annotated. (1993)

47. VIRGINIA - Yes. Section 20-31.1 of Code of Virginia (1992)

48. WASHINGTON - Yes. Section 26.26.040© of the Revised Code of Washington. (1992)

49. WEST VIRGINIA - Yes. Section 42-1-6 of Michie's West Virginia Code. (1989)

50. WISCONSIN - Yes. Section 767.60 of Wisconsin Statutes (1992)

51. WYOMING - Yes, if in addition to the marriage, the father is obligated to support the child under a written voluntary promise or by court. Section 14-2-102 and 14-2-101 Wyoming Statutes. (1993)

TERRITORIES

1. GUAM - Yes. Title II, Chapter 1, Section 215. Guam Civil Code. (1970)

2. PUERTO RICO - Yes. Title 31, Section 442, Puerto Rico Civil Code. (1988)

3. VIRGIN ISLANDS - Yes. Title 16, Section 461 of Virgin Islands Code Annotated. (1993)

7 FAM 1130 Page 90 of 101

If you want to change the child's surname, then you must file for a name change at the local court. There is no other way to change to child's name in the US. You must get a court order.http://www.ehow.com/how_4865554_legally-change-child_s-last-name.html

Edited October 29, 2013 by aaron2020

[apple21 953]

For Filipino citizens: name change to use surname of the father AND legitimation can be done at the Local Civil Registrar where the child's birth was recorded.

No need for court order. The parents just need to execute a joint or separate affidavit/s.

Edited October 29, 2013 by apple21

[apple21 953]

The US does not treat legitimization with the same level of importance as the Philippines. For most purposes, legitimization does not matter in the US.

As far as the US is concern, legitimization does not matter when you are petitioning your child and your husband. When you petition your daughter, her legitimization status does not matter to the US. When you petition your husband, his daughter's legitimization has nothing to do with his case.

Agreed.

[aaron2020 11,651]

For Filipino citizens: name change to use surname of the father AND legitimation can be done at the Local Civil Registrar where the child's birth was recorded.

No need for court order. The parents just need to execute a joint or separate affidavit/s.

Why bother when 1) legitimization will be automatic in the US when the parents marry and 2) any delay or screwup in the paperwork on the PI side will delays or problems for the immigration petition?

I can see if they want to comply with PI norms, but they are immigrating to the US. IMHO, getting to the US and being together as a family is more important than any paperwork in the PI. As far as the US is concern, there is no legitimization problem once the parents marry. A name change for the child when both parents agree is a cake walk in the US.

[apple21 953]

Why bother when 1) legitimization will be automatic in the US when the parents marry and 2) any delay or screwup in the paperwork on the PI side will delays or problems for the immigration petition?

I can see if they want to comply with PI norms, but they are immigrating to the US. IMHO, getting to the US and being together as a family is more important than any paperwork in the PI. As far as the US is concern, there is no legitimization problem once the parents marry. A name change for the child when both parents agree is a cake walk in the US.

I'm not contradicting. I am merely saying what OP has to do in case they want to push thru with the legitimation and name change. As I have said, I agree with you on the aspect that for immigration purposes, legitimation does not matter.

We have done the legitimation thingy ourselves last month and now I'll be getting my children's new annotated NSO BC showing that they are already legitimated. To some people (like myself and my husband), it's important that our children be recognized as LEGITIMATE children whether we are going thru immigration process or not because it is our duty as parents to give our children the STATUS they RIGHTFULLY deserve.

Edited October 29, 2013 by apple21

[aaron2020 11,651]

I'm not contradicting. I am merely saying what OP has to do in case they want to push thru with the legitimation and name change. As I have said, I totally agree with you.

We have done the legitimation thingy ourselves last month and now I'll be getting my children's new annotated NSO BC showing that they are already legitimated. To some people (like myself and my husband), it's important that our children be recognized as LEGITIMATE children whether we are going thru immigration process or not because it is our duty as parents to give our children the STATUS they RIGHTFULLY deserve.

I am not saying that you are contradicting anything. You simply gave another option. One that I don't think is necessary unless they want to comply with PI norms.

You made your choice and I applaud you for doing what is right for you. Even if you did not legitimize your kids in the PI, they would have been legitimized under US laws when you married their father.

My point is that adding another step that if it goes wrong would create delays in getting the family to the US. IMHO, I would rather skip the legitimization process in the PI and focus on getting the family back together in the US. Once the child is in the US and mom and dad are married, the child will be legitimized. The child will get the "status they rightfully deserve" in the US.

[apple21 953]

Let OP decide what's necessary for their case. What's important is that we have shared our knowledge and opinions.