Birthcertificate

[Nessy 0]

Need some advice about my sons birthcertificate I am green card holder now and I have a minor son which still in Ph ,, bio dad neglected us , when I was six months pregnant I met my husband and he stood as a father to my son ,,,so after we got married and after believing on false advises we legitimated him ,there's now an annotation on his birth certificate saying legitimated but subsequent marriage ,,I am his bio mom and I want to petiiton my Minor son ,my questions is does it matter if he's legitimated  by his step dad or not since I am the bio mother who will petition him or its big red flag in embassy ,,plss give me some advice 

[Penguin_ie 5,996]

What does legitimated mean? Did your husband adopt the child?  Or is the birthcert saying he is the biodad even though he is not?

[Nessy 0]

Legitimation is a process wherein a child was born out of wedlock ,and is therefore ,considered Illigitimate ,shall , by fiction ,be considered Legitimate upon the valid marriage of the parents . this process only applies to parents of an illigitmate child who ,at the time of child's birth were not under any legal impediment.

 

 

2.)we are the parents but my husband is not the bio dad and he didn't adopt my son either ,he stood up as a father when I was six months pregnant 

3.)on my son birthcertificate the father is blank but in the side of his bc theres an annotation of legitimated by subsequent marriage of my name and my husbands name ,and the date of our marriage 

4) do you think we need to correct his name and proceed adoption 

 

[Penguin_ie 5,996]

****** Moving from Bringing Family to Phils regional forum in the hope of more answers *****

[Sagot 1,548]

On 1/22/2017 at 11:39 PM, Nessy said:

Legitimation is a process wherein a child was born out of wedlock ,and is therefore ,considered Illigitimate ,shall , by fiction ,be considered Legitimate upon the valid marriage of the parents . this process only applies to parents of an illigitmate child who ,at the time of child's birth were not under any legal impediment.

 

 

2.)we are the parents but my husband is not the bio dad and he didn't adopt my son either ,he stood up as a father when I was six months pregnant 

3.)on my son birthcertificate the father is blank but in the side of his bc theres an annotation of legitimated by subsequent marriage of my name and my husbands name ,and the date of our marriage 

4) do you think we need to correct his name and proceed adoption 

 

 

For sure do not start an adoption process in the Philippines.  Wait until in the USA.  Much easier to do .

 

On 1/22/2017 at 2:37 AM, Nessy said:

Need some advice about my sons birthcertificate I am green card holder now and I have a minor son which still in Ph ,, bio dad neglected us , when I was six months pregnant I met my husband and he stood as a father to my son ,,,so after we got married and after believing on false advises we legitimated him ,there's now an annotation on his birth certificate saying legitimated but subsequent marriage ,,I am his bio mom and I want to petiiton my Minor son ,my questions is does it matter if he's legitimated  by his step dad or not since I am the bio mother who will petition him or its big red flag in embassy ,,plss give me some advice 

Your husband should petition your son.  I-130 process, same as was done for you.

 

Doubt the embassy will care about the annotation on the BC, as neither of you are trying to claim he is the BIO father.

[Nessy 0]

That's what we did my husband petition the I 130 for my son as stepchild but I think it will raise a red flags because why we legitimated him and  he is not the bio dad ,,way back 2015 he petition my son ,it's now on Nvc but we did not push through about it because we are afraid the consequences we will get so now it's stuck in nvc,, I am planning to go back to PI hire an attorney to cancel the LEGTIMATION  of course it will go through court  

thank you for your reply 

[Greenbaum 12,259]

13 hours ago, Nessy said:

That's what we did my husband petition the I 130 for my son as stepchild but I think it will raise a red flags because why we legitimated him and  he is not the bio dad ,,way back 2015 he petition my son ,it's now on Nvc but we did not push through about it because we are afraid the consequences we will get so now it's stuck in nvc,, I am planning to go back to PI hire an attorney to cancel the LEGTIMATION  of course it will go through court  

thank you for your reply 

Why not proceed with the I134 and let USCIS and USEM sort it out. You could be surprised and get approved.  If you are declined then fix it and reapply. I for one believe you'll go through without a problem as the father is blank on the BC. If you were trying to pull a fast one you would have used your now husband's name as the father on the BC but you didn't which means you followed Filipino protocol without malice. 

Edited January 26, 2017 by Greenbaum

[Sagot 1,548]

1 minute ago, Greenbaum said:

Why not proceed with the I134 and let USCIS and USEM sort it out. You could be surprised and get approved.  If yoi are declined then fix it and reapply. I for one believe you'll go through without a problem as the father is blank on the BC. If you were trying to pull a fast one you would have used your now husband's name as the father on the BC but you didn't which means you still followed Filipino protocol. 

I-134 is a support form

 

The I-130 is the form for petitioning a step-child.

[Greenbaum 12,259]

2 minutes ago, Sagot said:

I-134 is a support form

 

The I-130 is the form for petitioning a step-child.

Seniorides. 

[Sagot 1,548]

5 hours ago, Greenbaum said:

Seniorides. 

 

Ah.. .ha!   You have that too..  

 

Just funning with ya

[Nessy 0]

That's what we did my husband petition the I 130 for my son as stepchild but I think it will raise a red flags because why we legitimated him and  he is not the bio dad ,,way back 2015 he petition my son ,it's now on Nvc but we did not push through about it because we are afraid the consequences we will get so now it's stuck in nvc,, I am planning to go back to PI hire an attorney to cancel the LEGTIMATION  of course it will go through court  

thank you for your reply 

[Nessy 0]

We decided to just wait until I become a citizen then I can go to PI to fix it ,,if the attorney didn't lied to us it's been fix long time ago ,,he told us that it's a simulation of birth and I just found out  that it's not since my son's identity is never been lose ,an I just found out that it's possible to cancel the LEGTIMATION alone but the lawyer insisted that it's a simulation of birth so we could proceed to adoption which means more money to the attorney,

My husband stood up as a father when I was six months pregnant ,in gods eyes and our family he's the father but not by the law  ,we commit mistakes now we're earning it ,

my sons petiton is on nvc since 2015 does it has an expiration ??? 

Thank you'll guys for sharing info and advices 

[Cyberfx1024 7,980]

1 hour ago, Nessy said:

We decided to just wait until I become a citizen then I can go to PI to fix it ,,if the attorney didn't lied to us it's been fix long time ago ,,he told us that it's a simulation of birth and I just found out  that it's not since my son's identity is never been lose ,an I just found out that it's possible to cancel the LEGTIMATION alone but the lawyer insisted that it's a simulation of birth so we could proceed to adoption which means more money to the attorney,

My husband stood up as a father when I was six months pregnant ,in gods eyes and our family he's the father but not by the law  ,we commit mistakes now we're earning it ,

my sons petiton is on nvc since 2015 does it has an expiration ??? 

Thank you'll guys for sharing info and advices 

Why would you wait? Honestly in my opinion you are making a mountain out of a mole hill. The only issue it may cause is that they may ask you some questions like "Why is he on BC when he is not the father?" which you just have to answer truthfully. This is a very simple case honestly and you should have hardly any problems at all because in the Philippines if the tatay is not on the BC and not around the the mother has sole custody of the child. So just go ahead and go forward with the I-130.

[Nessy 0]

On January 22, 2017 at 9:39 AM, Nessy said:

Legitimation is a process wherein a child was born out of wedlock ,and is therefore ,considered Illigitimate ,shall , by fiction ,be considered Legitimate upon the valid marriage of the parents . this process only applies to parents of an illigitmate child who ,at the time of child's birth were not under any legal impediment.

 

 

2.)we are the parents but my husband is not the bio dad and he didn't adopt my son either ,he stood up as a father when I was six months pregnant 

3.)on my son birthcertificate the father is blank but in the side of his bc theres an annotation of legitimated by subsequent marriage of my name and my husbands name ,and the date of our marriage 

4) do you think we need to correct his name and proceed adoption 

 

 

[Nessy 0]

If we gonna push through about it his surname must be change ,,,DFA Would not issue his passport same surname on what we have used when we petition my son , we must use what's on the legitimations ,so my son and his step dad will have thesame surname and it might create a big confusion about it (husband is the petitoner )

 ( child can be legitimated only by his bio parents ,,,my husband is not his bio father