Child is using Biological Dad's Last Name even out of wedlock--Philippines

[wizmisty 0]

Hi guys! I was a single mom before I got married to a US Citizen. Now, my husband who is a USC wants to file a petition for my 14 yr old daughter in the Philippines. The problem is, in my daughter's Birth Certificate, she is named after my last name but there's a note at the side stating that under Republic Act 9255 which allows children out of wedlock to use their biological father's surname, So in all her records (school, baptismal, and Medical), she is using her Biological Father's Surname

Now my question is...Is there someone in here who experienced or have some ideas on what should we do in order to get the child and be with us here in the US. The NSO said that she can use her current name (with the Biological Father's Surname) as long as she will present a CENOMAR to the US Embassy in Manila...But me & my husband are being hesitant since we don't want delays and redflags...I need your point of views with regards to this matter...

Thanks and More Power!

xoxo!

Edited June 25, 2014 by wizmisty

[apple21 953]

No issues. The child can use her bio father's surname in the forms and in all her documents. It won't be red flag. No need for CENOMAR because she's just 14!

Your USC husband can file i130 as step-parent: http://www.uscis.gov/family/family-us-citizens/children/bringing-children-sons-and-daughters-live-united-states-permanent-residents

Edited June 25, 2014 by apple21

[wizmisty 0]

Thanks so much apple21...I'm just worried that the Consul might ask why the child's bearing her Biological's Father Name with the fact that we weren't married...and The NSO said that I , as the mother should be the one to present the CENOMAR that I wasn't married to my child's Dad...I hope some people with same situation will give more info...I really appreciate your taking time of answering my query... Thanks much dearest!

[apple21 953]

Thanks so much apple21...I'm just worried that the Consul might ask why the child's bearing her Biological's Father Name with the fact that we weren't married...and The NSO said that I , as the mother should be the one to present the CENOMAR that I wasn't married to my child's Dad...I hope some people with same situation will give more info...I really appreciate your taking time of answering my query... Thanks much dearest!

The consuls are very much aware of the law regarding an illegitimate child using the bio father's surname. As long as there's no parents date of marriage in her BC, you're good to go.

[mdtmaria 9]

My sister had the same situation as you. She was worried too but everything went well at the interview...

[wizmisty 0]

My sister had the same situation as you. She was worried too but everything went well at the interview...

Thanks so much for the input! God bless! xoxo

The consuls are very much aware of the law regarding an illegitimate child using the bio father's surname. As long as there's no parents date of marriage in her BC, you're good to go.

Thanks so much for the input! God bless you! xoxo