K2-father falsified his name on birth certificate

[Boiler 45,292]

Immigration law is Federal but in this case you need someone local, especially with the language aspect.

 

 

[RO_AH 1,659]

3 hours ago, murphy said:

thank you. recommendations for a good immigration attourmey or service?

 

I think in this case you will need an attorney in the Philippines not here. They can help you fix the birth certificate issue. You can look at past threads in here regarding changes to birth certificates in the Philippines. It can be difficult and frustrating. There is the local register and the main PSA in Manila. Sometimes their records don't even match up. I believe if you focus on the local register where the original was reported to get it fixed, that is the best place to start.

 

It's probably best if your fiance starts asking around and checking with friends or relatives that know an attorney or someone that can assist. We were able to get my fiance's BC corrected for 2000 peso's. Her's was a little easier than yours as we only had to change it from male to female. You would be surprised (or maybe not) how many BC's in the Philippines are messed up with little mistakes like that and misspellings.

[Hank_ 9,174]

6 hours ago, murphy said:

thank you for the information. still cant find clarification IF we should get the childs name changed for this situation. Or if we should get an attourney? Seems like I should clear up this issue up before doing the k1. 

Name corrections do not require an attorney, this can be done at the local registry where the birth certificate was originally filed. 

 

Whether you do this or not is your decision.

[Hank_ 9,174]

11 hours ago, Boiler said:

However in the US things are different and the issue is bring the child to the US.

First hurdle will be getting to the USA, and for that I foresee some issues..

 

Once in the USA, for adoption I am sure the state will want a document from the "father", especially since he is a USC

[Boiler 45,292]

Assuming the child is a USC then a US passport is needed.

[murphy 0]

9 minutes ago, Hank_ said:

First hurdle will be getting to the USA, and for that I foresee some issues..

 

Once in the USA, for adoption I am sure the state will want a document from the "father", especially since he is a USC

Just a thought, but what if she instead of correcting his name, petitions for illegitimate child and a father name removal. Could I then just do a K2 Visa? Is this even something that sounds like a viable option? Sorry if I sound like such a noob, truth is I really am. I'm 44 years old never even proposed to any girlfriends until I met this amazing gal. So I'm new to marriage in general also, not just immigration. :-)

[Hank_ 9,174]

12 minutes ago, Boiler said:

Assuming the child is a USC then a US passport is needed.

 

Ah... now you are catching on.   Only in this case the child was abandoned, like many in the Philippines. 

 

No way of getting U.S. citizenship completed through the father... so that is a non-event.  But the hurdle must be crossed before moving forward to get a visa (and yes the child would get a visa, not a U.S. passport ...eventually)

[Hank_ 9,174]

11 minutes ago, murphy said:

Just a thought, but what if she instead of correcting his name, petitions for illegitimate child and a father name removal. Could I then just do a K2 Visa? Is this even something that sounds like a viable option? Sorry if I sound like such a noob, truth is I really am. I'm 44 years old never even proposed to any girlfriends until I met this amazing gal. So I'm new to marriage in general also, not just immigration. :-)

That is a sound idea.  For that you would need an attorney    Truly, if you can get the BC corrected in that manner you will removed a BOAT LOAD of issues.

[murphy 0]

5 minutes ago, Hank_ said:

That is a sound idea.  For that you would need an attorney    Truly, if you can get the BC corrected in that manner you will removed a BOAT LOAD of issues.

well then ill elaborate. theres more to the story of course.  he does occasionally return to philippines and not everytime hes there, but sometimes he does try to see his daughter and bring a little cash. but they have a horrible relationship his daughter hates him and kicks and screams to not be around him to be honest. im just spitballing these ideas because if we go to him with options instead of jusy asking for his help and acting at his mercy. one option might be to let me adopt her and he could walk away from a situation that he just mostly ignores anyway. its true we may have a fight on our hands. so i am looking at all avenues in preperation for such. the crazy thing is we both live in los angeles CA. it would really mean he doesnt care about his child if he wasnt willing to let me bring her closer to him. i do believe in fathers rights wholeheartedly,and it would be ideal to me if they could have a positive relationship, but he sadly is a donor with an occasional concience and not much more. we are also waiting to have any further contact with him until we are educated more of what we should do. 

[Hank_ 9,174]

10 minutes ago, murphy said:

well then ill elaborate. theres more to the story of course.  he does occasionally return to philippines and not everytime hes there, but sometimes he does try to see his daughter and bring a little cash. but they have a horrible relationship his daughter hates him and kicks and screams to not be around him to be honest. im just spitballing these ideas because if we go to him with options instead of jusy asking for his help and acting at his mercy. one option might be to let me adopt her and he could walk away from a situation that he just mostly ignores anyway. its true we may have a fight on our hands. so i am looking at all avenues in preperation for such. the crazy thing is we both live in los angeles CA. it would really mean he doesnt care about his child if he wasnt willing to let me bring her closer to him. i do believe in fathers rights wholeheartedly,and it would be ideal to me if they could have a positive relationship, but he sadly is a donor with an occasional concience and not much more. we are also waiting to have any further contact with him until we are educated more of what we should do. 

There are many issues here.. not just the obvious ones.

 

Did the father also complete an affidavit? :  https://psa.gov.ph/civilregistration/problems-and-solutions/birth-certificate-already-registered-and-child-under

 

The process for correcting the birth certificate will not be quick. 

 

Search 1

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http://sc.judiciary.gov.ph/jurisprudence/2011/february2011/189476.htm

[Boiler 45,292]

1 hour ago, murphy said:

well then ill elaborate. theres more to the story of course.  he does occasionally return to philippines and not everytime hes there, but sometimes he does try to see his daughter and bring a little cash. but they have a horrible relationship his daughter hates him and kicks and screams to not be around him to be honest. im just spitballing these ideas because if we go to him with options instead of jusy asking for his help and acting at his mercy. one option might be to let me adopt her and he could walk away from a situation that he just mostly ignores anyway. its true we may have a fight on our hands. so i am looking at all avenues in preperation for such. the crazy thing is we both live in los angeles CA. it would really mean he doesnt care about his child if he wasnt willing to let me bring her closer to him. i do believe in fathers rights wholeheartedly,and it would be ideal to me if they could have a positive relationship, but he sadly is a donor with an occasional concience and not much more. we are also waiting to have any further contact with him until we are educated more of what we should do. 

If the child is a US Citizen then the child is obviously not eligible for a K2.

[Hank_ 9,174]

2 minutes ago, Boiler said:

If the child is a US Citizen then the child is obviously not eligible for a K2.

Ah... there is that word.... IF .    Child fathered by a USC is not a USC until all the hurdles have been crossed ... 

 

And that is why this can be a can of worms... can be.  Once the birth certificate is corrected to show illegitimate ... all that goes away.. and yes that can be done in the Philippines.  Not an easy process which is why an attorney is needed.  

 

 

 

[murphy 0]

Just now, Hank_ said:

Ah... there is that word.... IF .    Child fathered by a USC is not a USC until all the hurdles have been crossed ... 

 

And that is why this can be a can of worms... can be.  Once the birth certificate is corrected to show illegitimate ... all that goes away.. and yes that can be done in the Philippines.  Not an easy process which is why an attorney is needed.  

 

 

 

i was worried about the if also. 

[Boiler 45,292]

4 minutes ago, murphy said:

i was worried about the if also. 

You have the 2 issues to resolve, well the Mother does.

[Hank_ 9,174]

No issues IF/once the mother gets the birth certificate corrected to show illegitimate.