Confused again

[honeykitten2008 0]

We are in the process of my AOS, now My name is Stephane Albarracin Verana when I was single. Now when I got married and the name that we are going to file in the AOS papers would be Stephane Albarracin Werths (gonna use my husband's surname) and drop my single surname and use my mother's last name as my maiden name.

I thought there is no problem, but it confused me so much now. I have my kid back home in the philippines. He carried my ex-bf's last name when he was born. His name is in this order, Gabriell Verana Balatero. So if I drop the Verana in my papers, would there be any conflict in his papers if I decide and the time would come for him to follow me here in U.S? hope you guy's can enlighten me please.

[funkymunky 11]

You can use your marriage certificate (if using a foreign marriage certificate then check requirements) change yours but you will need a court order to change your son's legal name.

You must legally change his name before putting it down as his official name on your application or it may conflict with his pp and other legal documents.

I have signed statements as to why I omit parts of my legal birth name on official documents but I don't know if you can for children.

Edited July 12, 2014 by funkymunky

[honeykitten2008 0]

You can use your marriage certificate (if using a foreign marriage certificate then check requirements) change yours but you will need a court order to change your son's legal name.

You must legally change his name before putting it down as his official name on your application or it may conflict with his pp and other legal documents.

I have signed statements as to why I omit parts of my legal birth name on official documents but I don't know if you can for children.

oh ok, so should I change his last name to WERTHS(my husband's and my surname now) first legally in the philippines?

Or could I just drop the ALBARRACIN my mom's name as my maiden name and just use the VERANA so we will both have the same maiden name?

I just am confused if I do need to use the VERANA as my maiden name so when I apply for his visa we have both the VERANA as a maiden name.

[kitthekat 1,317]

oh ok, so should I change his last name to WERTHS(my husband's and my surname now) first legally in the philippines?

Or could I just drop the ALBARRACIN my mom's name as my maiden name and just use the VERANA so we will both have the same maiden name?

I just am confused if I do need to use the VERANA as my maiden name so when I apply for his visa we have both the VERANA as a maiden name.

if i understand you correctly - you are worried that they will question your being his mother because you don't share the same last name?

you should be listed on his birth certificate in your maiden name. your marriage certificate is proof of your legal name change from maiden to married name. IMO, those documents should be sufficient to prove that you are the same person listed on his birth certificate, i.e. his mother, even if you don't share the same surname any longer.

[honeykitten2008 0]

if i understand you correctly - you are worried that they will question your being his mother because you don't share the same last name?

you should be listed on his birth certificate in your maiden name. your marriage certificate is proof of your legal name change from maiden to married name. IMO, those documents should be sufficient to prove that you are the same person listed on his birth certificate, i.e. his mother, even if you don't share the same surname any longer.

yes exactly! you explained my problems better than i do kitthekat,thank you... We never did share the same surname because he use his father's and we are not married. But he got my single name as his maiden name, so yes this answer put me at ease that it would be no problem with all the supporting documents specially on his birth certificate that I am his mother.

If you don't mind what is the right visa for me to use for his petition? I thought before it is K2 but I am not so sure about it now.

[funkymunky 11]

Are you wanting to change his name to drop his dad's on official documents or are you worried about not having the same name?

I agree if it's because you worry they will question your maternity then don't because you have his birth certificate proving you are his bio mother.

If you are changing it to drop his father's name then yes you will need to file a court order for change of name in Phillipines and change it on all official documents (in his case just his pp/any state ID card). He can't take your husband's last name unless he has been legally adopted by your husband.

Does that help?

[kitthekat 1,317]

yes exactly! you explained my problems better than i do kitthekat,thank you... We never did share the same surname because he use his father's and we are not married. But he got my single name as his maiden name, so yes this answer put me at ease that it would be no problem with all the supporting documents specially on his birth certificate that I am his mother.

If you don't mind what is the right visa for me to use for his petition? I thought before it is K2 but I am not so sure about it now.

you don't have a timeline listed, so i'm not sure what visa you entered on. if it was k1, your son may be able to get a k2 follow to join visa. i don't know much about those so i'd better not guess and let someone else more knowledgable answer

[honeykitten2008 0]

Are you wanting to change his name to drop his dad's on official documents or are you worried about not having the same name?

I agree if it's because you worry they will question your maternity then don't because you have his birth certificate proving you are his bio mother.

If you are changing it to drop his father's name then yes you will need to file a court order for change of name in Phillipines and change it on all official documents (in his case just his pp/any state ID card). He can't take your husband's last name unless he has been legally adopted by your husband.

Does that help?

yes I was worried not having the same name when I petition for him.

and yes it helps very much so. Thanks so much funkymunky, I think i can put this case to rest now.

[honeykitten2008 0]

you don't have a timeline listed, so i'm not sure what visa you entered on. if it was k1, your son may be able to get a k2 follow to join visa. i don't know much about those so i'd better not guess and let someone else more knowledgable answer

sorry about that, It's been 3 years I think since I joined and I forgot to do that stuff here in the site. Anyway yes I am k1 holder. Thanks anyway for your input I do appreciate it.

[funkymunky 11]

In order for your son to enter on the K2 visa with you (K1), you must have listed him on the as a minor child when you applied. If you have done this then you are good to go!

Just in case, this link explains the visas.

http://immigration.lawyers.com/visas/children-of-k-1-or-k-3-visa-holders.html

Best wishes!

Edited July 12, 2014 by funkymunky

[honeykitten2008 0]

In order for your son to enter on the K2 visa with you (K1), you must have listed him on the as a minor child when you applied. If you have done this then you are good to go!

Just in case, this link explains the visas.

http://immigration.lawyers.com/visas/children-of-k-1-or-k-3-visa-holders.html

Best wishes!

^_^ thanks again, I will check that out. You have a good day.