Late registration of birth / different name

[dsherma5 3]

We received 221(g) regarding late registration of birth...not registered until she was 24...now she is 31.  Birth mother left when my gf was an infant and grandmother raised her.  Before mother left, she gave baby name with mother's surname, but she didn't register birth.  Church refused to use mother's surname and they used father's surname, even though they never married and he left when gf was infant.  When gf decided to get a job in Manila, she had to go get her birth registered and she used the name that her birth mother gave her, not the name the church decided upon.  No problem so far....UNTIL she went to her interview.  They gave her the 221(g) asking for proof that she used her birth certificate name all of her life.  Unfortunately, the only two places that documented her name were the church and the school, and they both used the father's surname.  

 

So.....we are stuck wondering what step to take next.  I have searched and searched but I can't find this situation. I have emailed the US Embassy in Manila for advice but so far no answer in  a week.  They are asking for proof that doesn't exist.  When/if they deny her for good, do I go back to Philippines and marry her there?  Will that make it easier to get visa?  I have contacted two immigration lawyers and neither had run into this exact situation and couldn't promise me anything.  Any advice would be  greatly appreciated.  Thank you!

[Talako 785]

There would probably be more help if this was posted in the Philippine sub-forum.

[dsherma5 3]

Talako..thank you, I will.

Edited August 17, 2019 by dsherma5

[JFH 12,190]

*~*~*duplicate thread removed. Please do not post the same question more than once - please ask for a thread to be moved if required*~*~*

 

 

*~*~*moved to Philippines regional forum*~*~*

Edited August 17, 2019 by JFH

[Hank_ 9,174]

3 hours ago, dsherma5 said:

We received 221(g) regarding late registration of birth...not registered until she was 24...now she is 31.  Birth mother left when my gf was an infant and grandmother raised her.  Before mother left, she gave baby name with mother's surname, but she didn't register birth.  Church refused to use mother's surname and they used father's surname, even though they never married and he left when gf was infant.  When gf decided to get a job in Manila, she had to go get her birth registered and she used the name that her birth mother gave her, not the name the church decided upon.  No problem so far....UNTIL she went to her interview.  They gave her the 221(g) asking for proof that she used her birth certificate name all of her life.  Unfortunately, the only two places that documented her name were the church and the school, and they both used the father's surname.  

 

So.....we are stuck wondering what step to take next.  I have searched and searched but I can't find this situation. I have emailed the US Embassy in Manila for advice but so far no answer in  a week.  They are asking for proof that doesn't exist.  When/if they deny her for good, do I go back to Philippines and marry her there?  Will that make it easier to get visa?  I have contacted two immigration lawyers and neither had run into this exact situation and couldn't promise me anything.  Any advice would be  greatly appreciated.  Thank you!

Does she have SSS or anything like that?   What about employment records, she must of used her name as shown on the birth certificate?  Bank acct/ATM for payday?  PhilHealth?

 

Birth certificates are a source of many issues in the Philippines, and there are no easy answers for the issue your fiancee is faced with.

[dsherma5 3]

The embassy wants records of her birth certificate name from BEFORE she registered her birth at age of 24.  The only two places she would have any documents with a name would be church and school...both using the church mandated father's surname.  Before she registered her birth and received her birth certificate, she never went to a doctor or hospital.  The family lives in the hills and lived a very basic existence. Her mother's name IS on the paperwork for church and school and my gf has a very unique given name so those may be documents they will accept but I don't know.  If we don't hear from the embassy, that is the only way we can go at this point.   Filing a new k-1 petition is next i think if they reject the current one. Thanks!

[Hank_ 9,174]

20 minutes ago, dsherma5 said:

The embassy wants records of her birth certificate name from BEFORE she registered her birth at age of 24.  The only two places she would have any documents with a name would be church and school...both using the church mandated father's surname.  Before she registered her birth and received her birth certificate, she never went to a doctor or hospital.  The family lives in the hills and lived a very basic existence. Her mother's name IS on the paperwork for church and school and my gf has a very unique given name so those may be documents they will accept but I don't know.  If we don't hear from the embassy, that is the only way we can go at this point.   Filing a new k-1 petition is next i think if they reject the current one. Thanks!

Ah ... that sort of screws the pooch doesn't it.

 

IF .. if you have to do a corrected BC to show the name used most of her life .. that will for sure mean a do over with the visa process, plus new passport , etc.

 

 

 

 

 

Edited August 17, 2019 by Hank_

[SB5130 88]

16 hours ago, dsherma5 said:

We received 221(g) regarding late registration of birth...not registered until she was 24...now she is 31.  Birth mother left when my gf was an infant and grandmother raised her.  Before mother left, she gave baby name with mother's surname, but she didn't register birth.  Church refused to use mother's surname and they used father's surname, even though they never married and he left when gf was infant.  When gf decided to get a job in Manila, she had to go get her birth registered and she used the name that her birth mother gave her, not the name the church decided upon.  No problem so far....UNTIL she went to her interview.  They gave her the 221(g) asking for proof that she used her birth certificate name all of her life.  Unfortunately, the only two places that documented her name were the church and the school, and they both used the father's surname.  

 

So.....we are stuck wondering what step to take next.  I have searched and searched but I can't find this situation. I have emailed the US Embassy in Manila for advice but so far no answer in  a week.  They are asking for proof that doesn't exist.  When/if they deny her for good, do I go back to Philippines and marry her there?  Will that make it easier to get visa?  I have contacted two immigration lawyers and neither had run into this exact situation and couldn't promise me anything.  Any advice would be  greatly appreciated.  Thank you!

i am late registered myself. almost same situation, i was registered by my grandmother 5 years after I was born. But, they didn't want me to carry my father's last name. My birth certificate was later amended when I was 18 to change my last name to my father's. They later changed their minds and allowed me to carry my father's last name. 

 

Anyways, in terms of dealing delayed birth certificate, typically, they would ask to submit 2 supporting documents. The most common would be baptismal certificate and form 137 a.k.a. school records. 

Other less popular documents would be:

• income tax return of parent/s; showing your fiancee's name
• insurance policy;
• medical records; and
• others, such as barangay captain's certification.

However, note that this is Philippines. Supporting documents for everything else is very subjective depending on the authority asking for it. I know this personally since I had deal with this all my life. The most common requirement would be form 137 and baptismal certificate. Others are very specific about the time when the supporting documents were produced. When I applied for Japanese visa, they specifically ask for school records from elementary. Others are fine with school records from high school. During my K1 visa, I was lucky enough for it not to be noticed. I wasnt ask for further evidence. 

 

I think to start with, she has to decide which name she wants to go by. Either keep her mother's name or change to her father's name. Changing the name in the baptismal certificate is easier that other documents. I did this. All you have to do is go to the parish where she was baptized, request for a name change. If the in-charge wont allow it, ask nicely and ask for possible ways. They can do something for you if you would be persistent enough. 

 

For updating school records, here's the link: 

https://www.teacherph.com/deped-policies-correction-school-records/

 

For changing PSA Birth certificate, it's easier to change since she is currently using her mother's last name. To use her father's name, she would need her father to sign it in pursuant to RA 9255. However, this is a length process. It will take months.

Edited August 18, 2019 by SB5130

[SB5130 88]

 This link said that his fiancee submitted work records, SSS. Maybe those hopefully are consistent with her PSA Birth Certificate

 

Edited August 18, 2019 by SB5130

[dsherma5 3]

Thank you to all for the suggestions.  I will let you all know how it turns out. Thanks!!!

[dsherma5 3]

Just wanted to let everyone know what happened. We did what was suggested by SB5130.  We went first to her church and had her name changed there on her birth papers.  We then went to the schools that she attended and changed her name there.  Unfortunately, most of her school records were destroyed by typhoon Yolanda.  We sent this in and then got a THIRD 221. This time they wanted a new CENOMAR and a new NBI clearance for her original name  on her school and church records.  We mailed these as soon as we got them both and within two business days her visa was issued two days ago.

 

Thank you so much for your help and info!  I hope this helps others in the future.  There must be a solution for every problem you come up against in this process, and VisaJourney is a great place to find it.  

 

God Bless!

[Hank_ 9,174]

That is great news!!    I am really glad it all worked out for you ... I will have to put this info in some notes .. just in case for later.