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Posted

Situation:

Married my wife in the Philippines in May 2014. She has a 3 year old daughter. On the daughter's birth certificate it lists father as unknown.

Filed I-130 in June for my wife and her daughter using wife's last name for her daughter.

My wife indicates that she can apply at the NSO or other agency, using our marriage certificate as evidence to petition for a surname name change for her daughter to mine. And then apply for the daughter's passport using my surname (she does not have a passport now). If that is true what issues will it cause at visa issuing time if the surname on the application is different than what is on the daughter's passport?

Or would it be best to obtain daughter's passport using her mother's surname?

And then proceed with official adoption after arrival in the US?

Second question what is the difference between a surname name change and actual adoption? Legal or otherwise? In reading other topics they appear to be mutually exclusive, so I'm somewhat confused.

Thanks for advice and enlightenment.

Jim

IR-1/CR-1 Visa
Service Center : Vermont Service Center
Consulate : Manila, Philippines
Marriage (if applicable): 2014-05-17
I-130 Sent : 2014-06-23
I-130 NOA1 : 2014-06-25
I-130 RFE : 2014-08-11 (Wanted NSO Marriage Certificate, not LCR)
I-130 RFE Sent : 2014-08-14
I-130 Approved : 2014-08-27
NVC Received : 2014-09-15
Received DS-261 / AOS Bill : 2014-09-17
Pay AOS Bill : 2014-09-17
Submit DS-261 : 2014-09-17
Send AOS Package : 2014-09-19
Receive IV Bill : 2014-10-03
Pay IV Bill : 2014-10-03
Received Interview Letter by E-mail: 2015-03-20 (May 5, 2015)
SLEC completed: 2015-04-22
Visa Approved: 2015-05-05
Visa Issued: 2015-05-15 (221g for no CENOMAR!)

Visa Received: 2015-05-21

POE: Chicago 2015-09-14

GC Received: 2015-11-17

Posted

A name change is exactly that, a name change only. The legal parent-child relationship between the father and child would still exist, and literally nothing else would change other than the name.

It would be easier for you to petition for your step-child yourself, and then pursue a step-parent adoption in the US down the line if that's something you wished to do. You would need to file another I-130 for the daughter if you chose this path.

Widow/er AoS Guide | Have AoS questions? Read (some) answers here

 

AoS

Day 0 (4/23/12) Petitions mailed (I-360, I-485, I-765)
2 (4/25/12) Petitions delivered to Chicago Lockbox
11 (5/3/12) Received 3 paper NOAs
13 (5/5/12) Received biometrics appointment for 5/23
15 (5/7/12) Did an unpleasant walk-in biometrics in Fort Worth, TX
45 (6/7/12) Received email & text notification of an interview on 7/10
67 (6/29/12) EAD production ordered
77 (7/9/12) Received EAD
78 (7/10/12) Interview
100 (8/1/12) I-485 transferred to Vermont Service Centre
143 (9/13/12) Contacted DHS Ombudsman
268 (1/16/13) I-360, I-485 consolidated and transferred to Dallas
299 (2/16/13) Received second interview letter for 3/8
319 (3/8/13) Approved at interview
345 (4/3/13) I-360, I-485 formally approved; green card production ordered
353 (4/11/13) Received green card

 

Naturalisation

Day 0 (1/3/18) N-400 filed online

Day 6 (1/9/18) Walk-in biometrics in Fort Worth, TX

Day 341 (12/10/18) Interview was scheduled for 1/14/19

Day 376 (1/14/19) Interview

Day 385 (1/23/19) Denied

Day 400 (2/7/19) Denial revoked; N-400 approved; oath ceremony set for 2/14/19

Day 407 (2/14/19) Oath ceremony in Dallas, TX

Filed: Citizen (apr) Country: Canada
Timeline
Posted

~~Moved to the Philippines portal, from IR-1 / CR-1 Spouse Visa Process & Procedures - As this is Country specific questions~~

Spoiler

Met Playing Everquest in 2005
Engaged 9-15-2006
K-1 & 4 K-2'S
Filed 05-09-07
Interview 03-12-08
Visa received 04-21-08
Entry 05-06-08
Married 06-21-08
AOS X5
Filed 07-08-08
Cards Received01-22-09
Roc X5
Filed 10-17-10
Cards Received02-22-11
Citizenship
Filed 10-17-11
Interview 01-12-12
Oath 06-29-12

Citizenship for older 2 boys

Filed 03/08/2014

NOA/fee waiver 03/19/2014

Biometrics 04/15/14

Interview 05/29/14

In line for Oath 06/20/14

Oath 09/19/2014 We are all done! All USC no more USCIS

 

Filed: Other Country: Philippines
Timeline
Posted

Situation:

Married my wife in the Philippines in May 2014. She has a 3 year old daughter. On the daughter's birth certificate it lists father as unknown.

Filed I-130 in June for my wife and her daughter using wife's last name for her daughter.

My wife indicates that she can apply at the NSO or other agency, using our marriage certificate as evidence to petition for a surname name change for her daughter to mine. And then apply for the daughter's passport using my surname (she does not have a passport now). If that is true what issues will it cause at visa issuing time if the surname on the application is different than what is on the daughter's passport?

Or would it be best to obtain daughter's passport using her mother's surname?

And then proceed with official adoption after arrival in the US?

Second question what is the difference between a surname name change and actual adoption? Legal or otherwise? In reading other topics they appear to be mutually exclusive, so I'm somewhat confused.

Thanks for advice and enlightenment.

Jim

You did the I-130 with the names on the birth certificates as they currently are, don't mess things up at the home stretch.

You can always adopt the daughter ..... later.

name change is just as it sounds... adoption is just as it sounds.

Hank

"Chance Favors The Prepared Mind"

 

Picture

 

“LET’S GO BRANDON!”

 
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