Mother plans to revert to her maiden name

[emjay129 0]

I am planning on sponsoring my senior parents for a green card (they are in the Philippines), but apparently, my father was married in the 70s and because of that, his marriage to my mother is considered null/void. They've been in a legal battle to get annulment (for his previous marriage) settled for 12 years, but haven't had any luck. All my life, my mother used her married last name in all legal documents, passports, US Visa, etc. without knowing then that her marriage was actually considered illegitimate.

 

My questions are, since my birth certificate says that my parents are "not married":

 

1. Am I able to sponsor my mother if she continued to use her married name (the same last name she shares with me)?  Are they going to question her using her married last name which she wasn't supposed to be using to begin with? She also plans on reverting to her maiden name if that'll make things easier.

 

2. My father and I share the same last name, but do I need to now try to prove further that he really is my father? That there was an established relationship from my childhood to adulthood? Not worried if I need to provide additional evidence, but just wanted to know if that would be the case.

 

Please note that I am aware of the financial implications for sponsoring my senior parents and that isn't an issue. I'm mainly concerned of the processes and the possible obstacles that I may to face. Thank you.

 

 

Edited July 16, 2021 by emjay129

[Chancy 6,241]

1 hour ago, emjay129 said:

1. Am I able to sponsor my mother if she continued to use her married name (the same last name she shares with me)?  Are they going to question her using her married last name which she wasn't supposed to be using to begin with? She also plans on reverting to her maiden name if that'll make things easier.

 

With your birth certificate listing your mother's name, you already have the primary evidence you need to petition for your mother.  The US government will not care about what names she used as long as you disclose them.  On the I-130 petition, list your mother's "married" name under the section for "Other Names Used".  When it's time to get NBI clearance for your mother, make sure that her "married" name is listed in the AKA field.

 

2 hours ago, emjay129 said:

2. My father and I share the same last name, but do I need to now try to prove further that he really is my father? That there was an established relationship from my childhood to adulthood?

 

Yes -- because your BC indicates that your parents were not married, you will need to submit evidence of father-child relationship in addition to your BC.