name change for minor k2 no fathers name on BC

[mymarley 14]

hi there, anyone successful doing name change for a minor under k2 visa? My daughter shes 11yrs old we wanted to file for adoption but there is  one lawyer suggested to us do the name change first if that isthe main reason of our adoption which is yes. He told us to file adoption when shes already 18 which is way more cheaper and doesnt need any consent just hers. Adoption here in our state cost 3500 even the fathers name not on the bc and include alot of paper works.. im in the process of naturalization.

[Hank_ 9,174]

2 hours ago, mymarley said:

hi there, anyone successful doing name change for a minor under k2 visa? My daughter shes 11yrs old we wanted to file for adoption but there is  one lawyer suggested to us do the name change first if that isthe main reason of our adoption which is yes. He told us to file adoption when shes already 18 which is way more cheaper and doesnt need any consent just hers. Adoption here in our state cost 3500 even the fathers name not on the bc and include alot of paper works.. im in the process of naturalization.

He said to file adoption when she is 18?   Good luck with that idea, she is no longer a minor at 18 ...   

 

If all you really are after is to change her last name, then do just that ... 

[JonSeattle 202]

I was looking into the procedure for a name change in such a case. Some jurisdictions give a lot of requirements to notify an absentee father, even if he cannot be found. It can be as bad as having to place an ad in a newspaper. I suggested to my fiance that before she comes here she get notarized and translated statements from her parents that they tried to track him down and couldn't find him. I will hope that will be enough to make the judge just sign off based on a simple family court hearing. I asked on avvo.com and the only reply was a link to the county court website that I already knew about and which was not specific on the requirements here.

[Hank_ 9,174]

8 minutes ago, JonSeattle said:

I was looking into the procedure for a name change in such a case. Some jurisdictions give a lot of requirements to notify an absentee father, even if he cannot be found. It can be as bad as having to place an ad in a newspaper. I suggested to my fiance that before she comes here she get notarized and translated statements from her parents that they tried to track him down and couldn't find him. I will hope that will be enough to make the judge just sign off based on a simple family court hearing. I asked on avvo.com and the only reply was a link to the county court website that I already knew about and which was not specific on the requirements here.

I would suggest if the jurisdiction where you would do the name change requires an ad to be run, that you fiancee run an ad for the prescribed time and make a copy of the ad.  < Bring that along with her to the USA.    Then if you want to include notarized letter also you will have all the bases covered.

[mymarley 14]

yeah when shes not a minor she can file adoption for herself. we wouldnt need any consent to the fatherwhich not even exist in her birth certificate...will cost us 800 only thats what he said.

[Hank_ 9,174]

3 hours ago, mymarley said:

yeah when shes not a minor she can file adoption for herself. we wouldnt need any consent to the fatherwhich not even exist in her birth certificate...will cost us 800 only thats what he said.

 

Can one adult adopt another adult?

[Ontarkie 14,174]

Yes an adult can adopt another adult.

 

I agree with petitioning the courts for a name change if that is the main goal here. It would be much less expense and faster. I don't see the point of waiting until she is 18 to adopt seems kind of pointless at that point if all she wants is to have the same name. Once again a name change would be cheaper and faster even at 18. 

 

 

[Hank_ 9,174]

Salamat ~

[NoMansLand2020 298]

Is it that complicated? I'm petitioning my fiance and her two children, ages 4 and 6. I want to adopt them after the k1/k2 visas are issued and we are married. 

 

My fiance was never married. 

 

Do I have need to be aware of anything? 

[Villanelle 4,121]

On 3/4/2020 at 1:15 PM, JonSeattle said:

I was looking into the procedure for a name change in such a case. Some jurisdictions give a lot of requirements to notify an absentee father, even if he cannot be found. It can be as bad as having to place an ad in a newspaper. I suggested to my fiance that before she comes here she get notarized and translated statements from her parents that they tried to track him down and couldn't find him. I will hope that will be enough to make the judge just sign off based on a simple family court hearing. I asked on avvo.com and the only reply was a link to the county court website that I already knew about and which was not specific on the requirements here.

Ive posted about this issue before. Most family courts will NOT change a minors last name to give the minor the 'new' last name of the mothers new husband (or vice versa but its typically mother with new husband rather then father with new wife taking wifes name as family name)

 

The reason for this is courts consider it a 'benefit' (everyone sharing a family name) with out any of the responsibility that would come if there was an adoption. Now everyone has the right to apply for a name change for whatever reason they want BUT the court does not have to approve it. And again like I said courts rarely change a minors name under these circumstances. Its usually only when there is some kind of extraordinary circumstances. 

 

So my thoughts to you is to go down to the local court that would be doing the name change (or call but in person is usually better if possible to do such). And ask them specifically if you pay to file this what are the odds its going to be approved? You may get a generic response because as I said you are allowed to file- they dont want to be portrayed as discouraging someone from filing- so you may have to chat a bit with them 'off the record' about how often in general that court does name changes like this before sinking the money in fees; and then probably whats worse then that would be the anticipation of thinking you can do this/telling the kid/going to the hearing and then being told no!  So please check with the local court for info.  

 

 

[Hank_ 9,174]

2 hours ago, Solaris81 said:

Is it that complicated? I'm petitioning my fiance and her two children, ages 4 and 6. I want to adopt them after the k1/k2 visas are issued and we are married. 

 

My fiance was never married. 

 

Do I have need to be aware of anything? 

 

Adoption process varies by state.   You will have to talk to an attorney or read up on your states requirements

[mymarley 14]

On 3/7/2020 at 6:08 PM, Villanelle said:

Ive posted about this issue before. Most family courts will NOT change a minors last name to give the minor the 'new' last name of the mothers new husband (or vice versa but its typically mother with new husband rather then father with new wife taking wifes name as family name)

 

The reason for this is courts consider it a 'benefit' (everyone sharing a family name) with out any of the responsibility that would come if there was an adoption. Now everyone has the right to apply for a name change for whatever reason they want BUT the court does not have to approve it. And again like I said courts rarely change a minors name under these circumstances. Its usually only when there is some kind of extraordinary circumstances. 

 

So my thoughts to you is to go down to the local court that would be doing the name change (or call but in person is usually better if possible to do such). And ask them specifically if you pay to file this what are the odds its going to be approved? You may get a generic response because as I said you are allowed to file- they dont want to be portrayed as discouraging someone from filing- so you may have to chat a bit with them 'off the record' about how often in general that court does name changes like this before sinking the money in fees; and then probably whats worse then that would be the anticipation of thinking you can do this/telling the kid/going to the hearing and then being told no!  So please check with the local court for info.  

 

 

yeah they know already that we are planning to do the adoption coz we have some friends in our courthouse here but oh my gosh it just soo expensive some state allow diy adoption but not in our state . The attorney told us you just better to do the name change and save that money for adoption on her college fund. if any one wanted to file stepparent adoption in the future theres an fb group for that just look for it. Thanks to everyone.