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IR5, mother's name's changed

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Filed: IR-5 Country: Philippines
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Hi, I wanna ask for some advice/input regarding my mother's situation. I really want to have some ideas about this name changed in birth certificate in the Philippines.

I petitioned my mother 2 months ago, so far, all I got is the NOA1 and is still waiting for the approval. But while waiting, my mother found out that she doesn't have a birth certificate registered in the National Statistic Office in the Philippines. So she flew to her place of birth and filed for late registration for birth certificate.

In that Local Civil Registry, they wouldn't let my mother use her name she was using all her life. Her name is Sylvia Pastrana Suarez, she is using it all her life. That's the name she has in my birth certificate. And since I was born out or wedlock as well, and my name is Jen** Pastrana Suarez. The reason why she couldn't use that name is, she was born before her parents got married. She was born in 1963 and parents got married in 1984. So, the LCR registered her as Sylvia Pastrana, she's now using my Grandma's maiden name. And she has been told, the only way to use her father's name, Suarez, is to file for legitimation. But, they wouldn't let her file legitimation either because of her lacking of documents stating that my deceased Grandpa acknowledged her as his child with his signature on it . And there is nothing we can show them, my Grandma and Grandpa are both deceased. My problem is, there is no way to change my mother's family name. She's now Pastrana and I am Suarez. I should be Jen** Pastrana as well. Our name doesn't match anymore. What should I do? Will it be a big deal for USCIS or in US Embassy?

PS: In the Philippines, our middle name is always our mother's maiden name.

PLEASE ADVICE ME! THANK YOU!!!

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Filed: IR-1/CR-1 Visa Country: China
Timeline

The NBI report will contain other AKAs,

and I think you'll be ok with the stuff to do with the DS-260 for AKAs as well.

Other AKAs were to be listed on the G-325A - what did you put there?

Sometimes my language usage seems confusing - please feel free to 'read it twice', just in case !
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Filed: IR-5 Country: Philippines
Timeline

Hi, I wanna ask for some advice/input regarding my mother's situation. I really want to have some ideas about this name changed in birth certificate in the Philippines.

I petitioned my mother 2 months ago, so far, all I got is the NOA1 and is still waiting for the approval. But while waiting, my mother found out that she doesn't have a birth certificate registered in the National Statistic Office in the Philippines. So she flew to her place of birth and filed for late registration for birth certificate.

In that Local Civil Registry, they wouldn't let my mother use her name she was using all her life. Her name is Sylvia Pastrana Suarez, she is using it all her life. That's the name she has in my birth certificate. And since I was born out or wedlock as well, and my name is Jen** Pastrana Suarez. The reason why she couldn't use that name is, she was born before her parents got married. She was born in 1963 and parents got married in 1984. So, the LCR registered her as Sylvia Pastrana, she's now using my Grandma's maiden name. And she has been told, the only way to use her father's name, Suarez, is to file for legitimation. But, they wouldn't let her file legitimation either because of her lacking of documents stating that my deceased Grandpa acknowledged her as his child with his signature on it . And there is nothing we can show them, my Grandma and Grandpa are both deceased. My problem is, there is no way to change my mother's family name. She's now Pastrana and I am Suarez. I should be Jen** Pastrana as well. Our name doesn't match anymore. What should I do? Will it be a big deal for USCIS or in US Embassy?

PS: In the Philippines, our middle name is always our mother's maiden name.

PLEASE ADVICE ME! THANK YOU!!!

Did the registrar office suggest anything to fix it, example: does her child/children (you) need to change as well? It might be a problem but since you are married, you no longer use Suarez and here in the US, you can drop names like your middle name which is suppose to be your maiden name as well.

In your mom's case, it will be a long painful process to fight for the name she'd been using and she's known for unless you guys consult an attorney.

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Filed: AOS (pnd) Country: Philippines
Timeline

This is so complicated. To the least the Local Civil registrar should have a record of birth, so it was not really registered from the start.

To the least I can think of, there is an Affidavit that a Lawyer can executive that your mother Sylvia Pastrana Suarez and Sylvia Pastrana is one and the same.

This will be a huge issue when she will get her passport, NBI Clearances, etc.

Getting a name change needs a court order, with that you also need supporting documents.

AOS/ AED/ AP:

(California Service Center, Chula Vista, San Diego, CA)

Filed: Aug 29

Receipt Date: Sept 2

NOA 1 Date: Sept 12 (received text/email)

NOA 1 copy rcvd: Sept 16

Biometrics Notice Date: Sept 17, received Sept 24

Biometrics Sched: Oct 5

Successful walk-in: Sept 26

Oct 13- Case ready to be scheduled for interview

EAD/AP approved - Nov. 1/2 / Received EAD/ AP Combo Card- Nov. 15

50days from NOA1/ 64 days from receipt date.

January 30-  USCIS Ap update, Interview sched on March 3, 2017

Jan 31 - received USCIS letter/ Notice for interview 

March 3- Interview, approved on the Spot

March 8 - received GC

Dec 2018 - To file ROC

 

My Blogs:

I-129F Petition Process

Medical Requirements

Medical Exam Experience

US Embassy Manila K1/K2 Interview Preparation Requirements and Instructions

Interview (K1 with 2 K2s)

CFO Guidance and Counseling (applicable to applicant from Philippines only)

My K1 Visa Journey

8 August 2015 - Sent I-129F Packet thru USPS

17 August 2015 - I -797C Notice date

20 August 2015 - Received printed copy of NOA1 dated Aug 17.

2 September 2015 - APPROVED! (14 working days from receipt date)

Dec. 21-22 - Medical DONE!

Jan 11, 2016 - Interview- APPROVED!

Jan 15 - Visa ISSUED!

Jan 21 - VISA ON HAND! (8 working days from interview)

March 21 - CFO / PDOS for K2s

June 1, 2016 - POE

July 18, 2016 - Married

I am his and he is mine from this day until the end of my days..

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Filed: IR-5 Country: Philippines
Timeline

The NBI report will contain other AKAs,

and I think you'll be ok with the stuff to do with the DS-260 for AKAs as well.

Other AKAs were to be listed on the G-325A - what did you put there?

Thank you. I only put her old name, the one she used all her life, since she never had any aliases. Thank you!

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Filed: IR-5 Country: Philippines
Timeline

Did the registrar office suggest anything to fix it, example: does her child/children (you) need to change as well? It might be a problem but since you are married, you no longer use Suarez and here in the US, you can drop names like your middle name which is suppose to be your maiden name as well.

In your mom's case, it will be a long painful process to fight for the name she'd been using and she's known for unless you guys consult an attorney.

The registrar told her that the only thing she can use her father's name is by filing a legitimation/legitimization. But the thing is, she (registrar) won't let her do it since my mother doesn't have any documents to prove that she's really a child of her parents or a documents that stated my Granpa acknowledged her as his child. A pain in the butt. I called the USCIS and they told me to write them a letter. But I can't as of now, my mother's late registration of birth certificate isn't released yet. THANK YOU !!!

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Filed: IR-5 Country: Philippines
Timeline

This is so complicated. To the least the Local Civil registrar should have a record of birth, so it was not really registered from the start.

To the least I can think of, there is an Affidavit that a Lawyer can executive that your mother Sylvia Pastrana Suarez and Sylvia Pastrana is one and the same.

This will be a huge issue when she will get her passport, NBI Clearances, etc.

Getting a name change needs a court order, with that you also need supporting documents.

She already has her NBI using her "original" name, with middle and surname. I think the POWER OF ATTORNEY is what you are referring. We will do that once her late registration of birth certificate will be authenticated by National Statistic Office. THANK YOU!!!!

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Filed: AOS (pnd) Country: Philippines
Timeline

She already has her NBI using her "original" name, with middle and surname. I think the POWER OF ATTORNEY is what you are referring. We will do that once her late registration of birth certificate will be authenticated by National Statistic Office. THANK YOU!!!!

No it's not an SPA (Special Power of Attorney), you use SPA for a person acting on your behalf.

It was an affidavit of oneness or name affidavit. Your lawyer will know that.

That's good that she was able to get an NBI with her original name. It will be just a lengthy process but everything is doable :) Good luck.

AOS/ AED/ AP:

(California Service Center, Chula Vista, San Diego, CA)

Filed: Aug 29

Receipt Date: Sept 2

NOA 1 Date: Sept 12 (received text/email)

NOA 1 copy rcvd: Sept 16

Biometrics Notice Date: Sept 17, received Sept 24

Biometrics Sched: Oct 5

Successful walk-in: Sept 26

Oct 13- Case ready to be scheduled for interview

EAD/AP approved - Nov. 1/2 / Received EAD/ AP Combo Card- Nov. 15

50days from NOA1/ 64 days from receipt date.

January 30-  USCIS Ap update, Interview sched on March 3, 2017

Jan 31 - received USCIS letter/ Notice for interview 

March 3- Interview, approved on the Spot

March 8 - received GC

Dec 2018 - To file ROC

 

My Blogs:

I-129F Petition Process

Medical Requirements

Medical Exam Experience

US Embassy Manila K1/K2 Interview Preparation Requirements and Instructions

Interview (K1 with 2 K2s)

CFO Guidance and Counseling (applicable to applicant from Philippines only)

My K1 Visa Journey

8 August 2015 - Sent I-129F Packet thru USPS

17 August 2015 - I -797C Notice date

20 August 2015 - Received printed copy of NOA1 dated Aug 17.

2 September 2015 - APPROVED! (14 working days from receipt date)

Dec. 21-22 - Medical DONE!

Jan 11, 2016 - Interview- APPROVED!

Jan 15 - Visa ISSUED!

Jan 21 - VISA ON HAND! (8 working days from interview)

March 21 - CFO / PDOS for K2s

June 1, 2016 - POE

July 18, 2016 - Married

I am his and he is mine from this day until the end of my days..

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Filed: IR-5 Country: Philippines
Timeline

No it's not an SPA (Special Power of Attorney), you use SPA for a person acting on your behalf.

It was an affidavit of oneness or name affidavit. Your lawyer will know that.

That's good that she was able to get an NBI with her original name. It will be just a lengthy process but everything is doable :) Good luck.

Thank you so much for the input! I appreciate it a lot !

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