Possible problem with I-130 for step son

[bowens44 214]

I am trying to bring my wife's 19 year old son to the US. The possible problem is that on his  birth certificate it lists my wife  as the mother but shows her with  the father's last name. She was never married to the father. The father disappeared when he found out that she was pregnant. Her sisters filled out the paper work at the hospital while she was giving birth. They put her down as married so that the child would have the father's name. They were worried about shaming the family by her being pregnant and unmarried. They sent her off to live with a distant relative while she was pregnant.

 

A requirement for the I-130 is to show previous marriages were legally dissolved.

This wont be possible because there was no marriage. She does have a CENOMAR and under maiden name it has her name as it appears on our marriage certificate.

 

 

Edited February 13, 2018 by bowens44

[Cyberfx1024 7,980]

17 minutes ago, bowens44 said:

I am trying to bring my wife's 19 year old son to the US. The possible problem is that on his  birth certificate it lists my wife  as the mother but shows her with  the father's last name. She was never married to the father. The father disappeared when he found out that she was pregnant. Her sisters filled out the paper work at the hospital while she was giving birth. They put her down as married so that the child would have the father's name. They were worried about shaming the family by her being pregnant and unmarried. They sent her off to live with a distant relative while she was pregnant.

 

A requirement for the I-130 is to show previous marriages were legally dissolved.

This wont be possible because there was no marriage. She does have a CENOMAR and under maiden name it has her name as it appears on our marriage certificate.

 

 

Believe it or not but this is fairly common in Philippines. As long as the mother takes care of the child then by Philippine law she has sole custody and he can immigrate. As long as she can get a CENOMAR then their won't be a problem.

[Hank_ 9,174]

8 hours ago, bowens44 said:

I am trying to bring my wife's 19 year old son to the US. The possible problem is that on his  birth certificate it lists my wife  as the mother but shows her with  the father's last name. She was never married to the father. The father disappeared when he found out that she was pregnant. Her sisters filled out the paper work at the hospital while she was giving birth. They put her down as married so that the child would have the father's name. They were worried about shaming the family by her being pregnant and unmarried. They sent her off to live with a distant relative while she was pregnant.

 

A requirement for the I-130 is to show previous marriages were legally dissolved.

This wont be possible because there was no marriage. She does have a CENOMAR and under maiden name it has her name as it appears on our marriage certificate.

 

 

So the surname of the son and mother is the last name of the "father" ? 

 

You may want to get that corrected.      (so many do this to "save face" only to have it come back and bite them years later)

 

https://psa.gov.ph/civilregistration/problems-and-solutions/wrong-spelling-1

 

 

[bowens44 214]

38 minutes ago, Hank_ said:

So the surname of the son and mother is the last name of the "father" ? 

 

You may want to get that corrected.      (so many do this to "save face" only to have it come back and bite them years later)

 

https://psa.gov.ph/civilregistration/problems-and-solutions/wrong-spelling-1

 

 

Yes, they made it look like she was married. There doesn't seem to be anything at the link that address the specific situation.  Any idea how long it takes to get a correction if one is possible?

Edited February 13, 2018 by bowens44

[Hank_ 9,174]

1 hour ago, bowens44 said:

Yes, they made it look like she was married. There doesn't seem to be anything at the link that address the specific situation.  Any idea how long it takes to get a correction if one is possible?

 

I don't know on how long.  This may end up being something that requires an attorney there in the Phils.

 

What I "see" currently is you have a birth certificate for the boy and mother with them using the last name of the father, yet no marriage to substantiate the use of a married name.   This leans towards the paper trail not even showing your wife as the mother.  (some have tried to pass off a nephew or such as their own child and the embassy is very alert on this).  

 

There is a couple that came through here a few years back where originally the birth certificate was in the name of the "grandmother" as the mother, then when the visa process started the actual mother had the birth certificate corrected to show her as the mother.  The embassy held up the "fraud" flag, this lead to having DNA testing done .. yada - yada.  Over time it became clear the mother was the mother, there was no fraud, the embassy did issue the visa and the child is now in the USA.   

 

This couple was back on here a few months back, hopefully they stop in and can offer some insight. 

 

Then again - You may have no issue with the I-130 using the BC as is  ...  "may".     

Edited February 13, 2018 by Hank_

[bowens44 214]

1 hour ago, Hank_ said:

 

I don't know on how long.  This may end up being something that requires an attorney there in the Phils.

 

What I "see" currently is you have a birth certificate for the boy and mother with them using the last name of the father, yet no marriage to substantiate the use of a married name.   This leans towards the paper trail not even showing your wife as the mother.  (some have tried to pass off a nephew or such as their own child and the embassy is very alert on this).  

 

The birth certificate also includes the mother's maiden name which is listed exactly as it is our marriage certificate. I was thinking of filing as is and including a copy of my wife's CENOMAR  from the K1 process which states no record of marriage at the time it was issued.

 

A main concern is getting the clock stopped so that if things drag on and more information or clarifications are needed  he doesn't age out. He will be 20 next month.

[Hank_ 9,174]

4 minutes ago, bowens44 said:

The birth certificate also includes the mother's maiden name which is listed exactly as it is our marriage certificate. I was thinking of filing as is and including a copy of my wife's CENOMAR  from the K1 process which states no record of marriage at the time it was issued.

 

A main concern is getting the clock stopped so that if things drag on and more information or clarifications are needed  he doesn't age out. He will be 20 next month.

 

I lean towards your thinking.  Get the ball rolling, hopefully there will be no hiccups.

 

I mentioned the rest .. just because it is possible the embassy will balk, and you should be prepared.  This may only require DNA testing ...  but as the saying goes ~  Chance favors the prepared mind.   (never do DNA testing until the embassy officially requests it    )

Edited February 13, 2018 by Hank_