possible problem , fiancees child's birth certificate says that she is married

[bowens44 214]

My filipina fiancee says that she has never been married but there is a married date and city listed on the birth certificate. The birth certificate lists her name as it is now and the fathers name. She is not listed with his last name. She says that it was put on there so that her son could take the fathers name. I have a feeling that this is going to be an issue.

Any advice or insight will be appreciated. The child was born in 1998. not sure if that's relevant.

[Ontarkie 14,226]

~~Moved to the Philippines forum, from K-1 Fiance(e) Visa Process & Procedures- as this requires country specific answers~~

[david&whenz 5]

She has to get CENOMAR (certificate of no marriage) from national Statistics Office. She has to be truthful about it. In a child's birth certificate, the father's name could be there listed as father, but if they were not married, it shouldn't have marriage date and city. If she won't be truthful about it, there is a big possibility for future problems. And she has to get the child's father's approval if she wants to bring her child with her in the US.

[Hank_ 9,174]

She has to get CENOMAR (certificate of no marriage) from national Statistics Office. She has to be truthful about it. In a child's birth certificate, the father's name could be there listed as father, but if they were not married, it shouldn't have marriage date and city. If she won't be truthful about it, there is a big possibility for future problems. And she has to get the child's father's approval if she wants to bring her child with her in the US.

Even if the father is listed the mother still has sole custody of the child and does not need anything from the father to bring the child.

[apple21 953]

It was only in early 2004 that the law was passed granting illegitimate children to use the surname of their fathers provided that the father signed an "affidavit to use surname of the father" and acknowledged paternity on the birth certificate.

If they falsified the child's BC in 1998, they may have to go to the Local Civil Registrar (LCR) to have the issue resolved.

The child being an illegitimate is under the mother's sole custody and does not need permission to immigrate from the biological father.

However, the BC issue has to be corrected, IMO.

[Hank_ 9,174]

My filipina fiancee says that she has never been married but there is a married date and city listed on the birth certificate. The birth certificate lists her name as it is now and the fathers name. She is not listed with his last name. She says that it was put on there so that her son could take the fathers name. I have a feeling that this is going to be an issue.

Any advice or insight will be appreciated. The child was born in 1998. not sure if that's relevant.

Birth certificate may have the father listed but it is not a marriage certificate.... go to NSO and get a CENOMAR... that has the clear answer. Beside a CENOMAR is required by the embassy for the interview.

[Sirliner 26]

It's going to be a very serious "issue". Especially as you say she is your fiancee. Can't marry someone who is still married, not to mention get a K-1 visa for her. If you are looking at the child's Philippines birth certificate, on line 12 where it says DATE AND PLACE OF MARRIAGE OF PARENTS it has in parenthesis (Important: If not applicable, fill Affidavit of Acknowledgement on back). You might ask your fiancee about that.

[hardrockangel 21]

If written on the child bc, and its written legitimate, your fiancee is absolutely married with the father, NSO or local civil registrar will never put any date of marriage if its not happen, because it'll be a big crime on child adentity..im filipina too, I have 1 child and im k1 benificiary..talk yo your fiancee.you can talk in a nice and quiet way.

[apple21 953]

If written on the child bc, and its written legitimate, your fiancee is absolutely married with the father, NSO or local civil registrar will never put any date of marriage if its not happen, because it'll be a big crime on child adentity..im filipina too, I have 1 child and im k1 benificiary..talk yo your fiancee.you can talk in a nice and quiet way.

Hocus pocus happens all the time when it comes to Philippine government agencies.

Edited June 10, 2014 by apple21

[aaron2020 11,651]

Correct the birth certificate. It contains false information. Never, ever, submit documents with false information.

Better to show correct constant information rather than trying to explain why she committed fraud.

Huh? Yeah, she was never married. Yeah, we know we submitted a legal document showing she was married but its a lie. Yes, she lied on an official form, but she is not lying on the immigration forms.

Get it? Easier to correct the birth certificate before filing rather than trying to explain she committed fraud.

[Greenbaum 12,259]

This is very complicated. Two things that need to take place. First, if she is not married then the boys BC needs to be corrected. Also, the CENOMAR for the mother needs to mirror the name as it appears on the new BC. Second, when this is completed then she can get him a passport (see requirements for PP for minor). BTW, when these names are changed/corrected on the new documents then don't forget that when you go to the NBI for the clearance it needs to have all AKA's search and appear on the NBI or USEM will issue a 221(g) for a new NBI with the changes (automatic DELAY? YES!).

If minor is traveling with either parent or alone

• Personal appearance of the mother is required if minor applicant is an illegitimate child.
• Affidavit of Support and Consent (ASC) executed by either parent indicating the name of the traveling companion and relationship to the minor. If minor will be traveling alone, ASC must be executed by either parent, stating that his/her child will be traveling alone. If minor is illegitimate, mother should execute the ASC.
• Original and photocopy of DSWD Clearance
  • There is no need to secure a DSWD Clearance if the minor traveling abroad has parents who are in the Foreign Service or living abroad or are immigrants, provided he / she is holding a valid pass such as a dependent’s visa / pass / identification card or permanent resident visa / pass / identification card which serves as proof that he / she is living with parents abroad.

http://www.passport.com.ph/requirements

Edited June 10, 2014 by Greenbaum

[bowens44 214]

Thank you for the responses.Sorry for getting back to this thread so late. My fiancee did get a CENOMAR. She has not been married. The explanation given was that her sisters put a month, year and city of marriage on the birth certificate because the son would not have been able to have the father's surname otherwise.

The child is in his last year of high school and will be going to collage next year , he will not be coming to the US with her anytime soon. Maybe never.

[Hank_ 9,174]

Totally mute topic then being the child is not getting a visa. Worry was just at your personal level I gather.

[bowens44 214]

My concern was that her son is listed on the Form I-129F form with the surname of the father. The implication is that there was a marriage. She did recently obtain a CENOMAR, We of curse do not want it to appear that she is lying. I hoping that this will not get a denial.

[Hank_ 9,174]

My concern was that her son is listed on the Form I-129F form with the surname of the father. The implication is that there was a marriage. She did recently obtain a CENOMAR, We of curse do not want it to appear that she is lying. I hoping that this will not get a denial.

The son isn't applying for a visa so his birth certificate will not be viewed by the embassy.