KIDS BIRTH CERT

[lovelylady 0]

HELLO EVERYONE! I am new to this site. I wanted help. I am a filipina who applies for a K-1 visa. I am single, but had 2 sons, whose surname is not the same as mine. I am not legally married to my kid's father but they got their surname from him. The law before of the civil code states that illigitemate children could not use the father's surname unless the parents are legally married but the father of the kids who register their name put his surname and state in the birth certificate that he submitted to the Civil Registrar the date and place of our marriage even if it did not took place. What will i do to erase the entry. How much will i pay? Do i need to get a lawyer to do this? Will it take long to do that? Do I had to get a certified true copy of their Birth Certificate from the NSO and present it to the embassy even if i will not bring them to the US? If i will be ask what would be my answer. I included their names at my I-129F. Will i had a problem when i appear at my interview with the embassy? Any one who has similar problem with mine can you share your experience. It would be of great help to me as i am confused. My petition is already approved by the USCIS it goes now to the NVC and the NVC write my fiance already that they will be sending my approval to the Manila US Embassy. It is getting nearer already... Plsss if you could help me....Thank you so much... K-1 application

[rebelheart 0]

How your kid's father got his surname registered to your 2 kids is because the illegitimate law doesn't applied at that time. In my case I deliver my baby out of wedlock 2001 and I was under the illegitimate law that I couldn't used my son father's surname unless i could show a marriage certificate to satisfy the legitimation. They let your exBF to used his surname because they don't asked marriage cert.

In order to change your kid's birth certificate, you need to undergo for a change name which is YES you need a lawyer to do that, because you will be infront of the judge for a change name. "OR" you remain your kid's to used their father's surname although ... you need his (kid's real father) letter of letting you to have the full custody of the children and he permitting you to bring the 2 kid's to US to stay for good. Those letter of consents are needed because the DSWD will required you to have it, you could ask them a form in your city hall DSWD chapter to accomplished for that consent and let your exBF to signed it. In able to do this too, you need to accomplished a NSO copy of CENOMAR to satisfy your K1/K2 application because there are children's involve, to show that you we're never been married with the kid's real father proofing that there's no registered marriage of you two at the civil registry.

NSO copy of birth certificates of the children are importantly needed on your K1/K2's application as well as the consent letter of full custody to you so the real father won't come after you in the end. You will showed that letter too, to the immigration officer at the NAIA to permit you to get out of Manila with your children.

If you will take the consent letter instead please be reminded that the children are still using their real father surname. IF EVER your future husband is willing to adopt your children, that's the time you could change the name of the children with no problem at all. Although may I remind you that, in able for your future husband to adopt your children, he needs to have the custody of the children 2 years in the US, it means the children are staying in his house for two years with him and he could file adoption for the 2 children at your county hall.

But to accomplished a new birth certificates of the kid's in their new surname of your US husband (in the future) you need to send off the adoption decree to Manila and filed it at NSO at your city hall where your kid's born, and they will give you a new copy of amended birth certificates of your kid's in their US adoptee father. ( <---- this is we're I am accomplishing right now, an amended birth certificate of my son because he is already been adopted of my US husband. After I got a new copy of BC in new surname, we could apply my son US citizenship by adoption, because no.1 requirements in every application here in the US is Birth Certificate)

Goodluck!

Rebelheart

HELLO EVERYONE! I am new to this site. I wanted help. I am a filipina who applies for a K-1 visa. I am single, but had 2 sons, whose surname is not the same as mine. I am not legally married to my kid's father but they got their surname from him. The law before of the civil code states that illigitemate children could not use the father's surname unless the parents are legally married but the father of the kids who register their name put his surname and state in the birth certificate that he submitted to the Civil Registrar the date and place of our marriage even if it did not took place. What will i do to erase the entry. How much will i pay? Do i need to get a lawyer to do this? Will it take long to do that? Do I had to get a certified true copy of their Birth Certificate from the NSO and present it to the embassy even if i will not bring them to the US? If i will be ask what would be my answer. I included their names at my I-129F. Will i had a problem when i appear at my interview with the embassy? Any one who has similar problem with mine can you share your experience. It would be of great help to me as i am confused. My petition is already approved by the USCIS it goes now to the NVC and the NVC write my fiance already that they will be sending my approval to the Manila US Embassy. It is getting nearer already... Plsss if you could help me....Thank you so much... K-1 application

[rebelheart 0]

What will i do to erase the entry. How much will i pay? Do i need to get a lawyer to do this?

You cannot erase any entry from NSO registered birth certificates info. Whatever it was been filed its been filed as is. You need a lawyer to change things. COST? expensive of course - lawyer - hearing - processing of papers.

Will it take long to do that? philippine government offices?? of course yes plus bureaucracy.

Do I had to get a certified true copy of their Birth Certificate from the NSO and present it to the embassy even if i will not bring them to the US? NO, IF your not bringing your 2 kids in the US, THEY should not be added as beneficiaries on the I-129F application.

If i will be ask what would be my answer?. THATS gonna be a BIG confusing factor, your not brigning them but they we're included on the I-129F. you will confused the immigration officer.

I included their names at my I-129F. Will i had a problem when i appear at my interview with the embassy?

INCLUDED as BENEFICIARIES?? as K1 & K2's visa application???? if they're included as beneficiaries to like you as K1, then it means your fiance is applying for a K1 and 2 K2's visa's application. SO the children are included for applying a visa, but as you we're saying CORRECT me if i'm wrong you don't have plans to bring the kid's in the US??? then thats gonna be confusing, your fiance will be paying for 3 persons visa not just you only.

best advice .... talk over with your fiance and generalize your real plans for the future before applying for visa's and so by chance that your not using it because of change plans in the end, gonna be a waste of money only.

[jimandjosil 0]

There's a new law that states if the child/children is/are accompanied by either one of the parents in travelling, there's no need for the mother to get a permit from the father. To be more accurate, GOOGLE Dept. of Foreign Affairs Philippines to check the website and get their latest updates.

[lovelylady 0]

What will i do to erase the entry. How much will i pay? Do i need to get a lawyer to do this?

You cannot erase any entry from NSO registered birth certificates info. Whatever it was been filed its been filed as is. You need a lawyer to change things. COST? expensive of course - lawyer - hearing - processing of papers.

Will it take long to do that? philippine government offices?? of course yes plus bureaucracy.

Do I had to get a certified true copy of their Birth Certificate from the NSO and present it to the embassy even if i will not bring them to the US? NO, IF your not bringing your 2 kids in the US, THEY should not be added as beneficiaries on the I-129F application.

If i will be ask what would be my answer?. THATS gonna be a BIG confusing factor, your not brigning them but they we're included on the I-129F. you will confused the immigration officer.

I included their names at my I-129F. Will i had a problem when i appear at my interview with the embassy?

INCLUDED as BENEFICIARIES?? as K1 & K2's visa application???? if they're included as beneficiaries to like you as K1, then it means your fiance is applying for a K1 and 2 K2's visa's application. SO the children are included for applying a visa, but as you we're saying CORRECT me if i'm wrong you don't have plans to bring the kid's in the US??? then thats gonna be confusing, your fiance will be paying for 3 persons visa not just you only.

best advice .... talk over with your fiance and generalize your real plans for the future before applying for visa's and so by chance that your not using it because of change plans in the end, gonna be a waste of money only.

Thank you for the enlightenment. I and the kids father don't have communication for 15 years now. Don't know his whereabouts and where he is right now. And my kids are already grown-up my eldest will be 19 by May of next year and my youngest would be 17 this January.

[lovelylady 0]

Thank you for the enlightenment Rebelheart. I and the kids father don't have communication for 15 years now. Don't know his whereabouts and where he is right now. And my kids are already grown-up my eldest will be 19 by May of next year and my youngest would be 17 this January. As i've said my papers are already been forwarded to the US Embassy in Manila.

How your kid's father got his surname registered to your 2 kids is because the illegitimate law doesn't applied at that time. In my case I deliver my baby out of wedlock 2001 and I was under the illegitimate law that I couldn't used my son father's surname unless i could show a marriage certificate to satisfy the legitimation. They let your exBF to used his surname because they don't asked marriage cert.

In order to change your kid's birth certificate, you need to undergo for a change name which is YES you need a lawyer to do that, because you will be infront of the judge for a change name. "OR" you remain your kid's to used their father's surname although ... you need his (kid's real father) letter of letting you to have the full custody of the children and he permitting you to bring the 2 kid's to US to stay for good. Those letter of consents are needed because the DSWD will required you to have it, you could ask them a form in your city hall DSWD chapter to accomplished for that consent and let your exBF to signed it. In able to do this too, you need to accomplished a NSO copy of CENOMAR to satisfy your K1/K2 application because there are children's involve, to show that you we're never been married with the kid's real father proofing that there's no registered marriage of you two at the civil registry.

NSO copy of birth certificates of the children are importantly needed on your K1/K2's application as well as the consent letter of full custody to you so the real father won't come after you in the end. You will showed that letter too, to the immigration officer at the NAIA to permit you to get out of Manila with your children.

If you will take the consent letter instead please be reminded that the children are still using their real father surname. IF EVER your future husband is willing to adopt your children, that's the time you could change the name of the children with no problem at all. Although may I remind you that, in able for your future husband to adopt your children, he needs to have the custody of the children 2 years in the US, it means the children are staying in his house for two years with him and he could file adoption for the 2 children at your county hall.

But to accomplished a new birth certificates of the kid's in their new surname of your US husband (in the future) you need to send off the adoption decree to Manila and filed it at NSO at your city hall where your kid's born, and they will give you a new copy of amended birth certificates of your kid's in their US adoptee father. ( <---- this is we're I am accomplishing right now, an amended birth certificate of my son because he is already been adopted of my US husband. After I got a new copy of BC in new surname, we could apply my son US citizenship by adoption, because no.1 requirements in every application here in the US is Birth Certificate)

Goodluck!

Rebelheart

HELLO EVERYONE! I am new to this site. I wanted help. I am a filipina who applies for a K-1 visa. I am single, but had 2 sons, whose surname is not the same as mine. I am not legally married to my kid's father but they got their surname from him. The law before of the civil code states that illigitemate children could not use the father's surname unless the parents are legally married but the father of the kids who register their name put his surname and state in the birth certificate that he submitted to the Civil Registrar the date and place of our marriage even if it did not took place. What will i do to erase the entry. How much will i pay? Do i need to get a lawyer to do this? Will it take long to do that? Do I had to get a certified true copy of their Birth Certificate from the NSO and present it to the embassy even if i will not bring them to the US? If i will be ask what would be my answer. I included their names at my I-129F. Will i had a problem when i appear at my interview with the embassy? Any one who has similar problem with mine can you share your experience. It would be of great help to me as i am confused. My petition is already approved by the USCIS it goes now to the NVC and the NVC write my fiance already that they will be sending my approval to the Manila US Embassy. It is getting nearer already... Plsss if you could help me....Thank you so much... K-1 application

Edited November 19, 2007 by aynaku05

[raquel_1208 1]

hi rebelheart, i sent you a PM. i am just wondering if you receive it.

[rebelheart 0]

Hi raquel & aynaku,

It's complicated when child involved specially in immigrating & adoption. In my case my son was illegitimate when he is born and no father in his birth certificate and we didn't get married and no communication at all.

In immigrating (NOT JUST TRAVELLING), i submit CENOMAR, birth certificate of my son showing no father's name registered and my son using my maiden name. I tried calling DSWD to make it sure - the word they give me is - i'm clear since no father's name of my son written on his birth certificate and my son is not using his surname. If ever my son using his name and he is in my son birth certificate, I need to filed-up form from DSWD in our city hall and let my exBF to signed in letting me for the full custody of my son and he letting me migrate to US with my son and he won't be after with us.

That's why aynaku status is kinda complicated more, since he doesn't have any communication at all with his exbf for long time and he doesn't know his whereabouts. BUT the exbf has his name of th ekid's birth certificate and the kid's using his last name.

In Adoption, we didn't hired a lawyer but the county will asked for it. We just declared we can't afford an attorney, since my husband already done once adopting his 1st son from his late exwife .. it's been easy for him to do the paper works that a lawyer does. But before he could adopt my son he needs to be in his custody for 2 years, So we waited for 2 yrs and filed it and the county hall officer asked us to make an advertisement on the local newspaper

for 60 days that my husband is adopting my son and if someone will object to that, that 60 days is the awaiting time for suprise objections.

Adoption here in the US is kinda complicated, because here eventhough the child is illegitimate because both parents never been married, still the father needs to support the child. So when the judge asked me, about it I said I had no more communication long time and don't know he's whereabouts and he never support me even a single cents. He finds it so impossible, so he instead asked for my son birth certificate showing that the real father of my son is not registered in his birth certificate to show he is illegitimate son, and there's no registered marriage too from both of us, before he granted my US husband to grant the adoption for my son. About expenses .. I can't say the amount because I'm not aware, my husband is the one who filed everything but of course lawyer is expensive. The reason why the judge accepted our adoption papers is because my husband has his named already in our county filed for adoption once he hired an attorney for the process and my husband is a reputable Atlanta Police Officer. I don't know if they gonna let you, but they will surely demand for an attorney, because adoption is not a public hearing from a judge, its a private hearing, so attorney need to be present. And the kid's should be present on the hearing because the judge will be asking the kids too. My son is 5 years old then but he managed answering the judge questions, about his relationship to his new stepfather and vice versa.

That's why I explain to aynaku, that birth certificate are so important here because it's the no.1 requirements of one person's identification. Now eventhough we have adoption decree, we still need to ammend my son birth cerificate in Manila showing his new surname and my US husband name on his birth certificate as a father. It's not gonna be original birth certificate of the child, because there's an adoption held, that's the reason why NSO Dept will only ammend the birth certificate not trying to erase entries of information/change name it easily. In able to do that is you need to hire a lawyer too and proceed for a hearing of change name or entries of info's. Which is the same way here in the US, you need to hire a lawyer to proceed divorce/change name/adoption and proceed for hearing infront of the judge for grants.

hope these info's will be a help in your both ends... because it does to mine. God bless!

-Rebelheart-

[raquel_1208 1]

Thanks rebelheart, I will try to look for a lawyer then once we immigrate. I hope it doesn't cost a lot.

[aynaku05bf 0]

Hi raquel & aynaku,

It's complicated when child involved specially in immigrating & adoption. In my case my son was illegitimate when he is born and no father in his birth certificate and we didn't get married and no communication at all.

In immigrating (NOT JUST TRAVELLING), i submit CENOMAR, birth certificate of my son showing no father's name registered and my son using my maiden name. I tried calling DSWD to make it sure - the word they give me is - i'm clear since no father's name of my son written on his birth certificate and my son is not using his surname. If ever my son using his name and he is in my son birth certificate, I need to filed-up form from DSWD in our city hall and let my exBF to signed in letting me for the full custody of my son and he letting me migrate to US with my son and he won't be after with us.

That's why aynaku status is kinda complicated more, since he doesn't have any communication at all with his exbf for long time and he doesn't know his whereabouts. BUT the exbf has his name of th ekid's birth certificate and the kid's using his last name.

In Adoption, we didn't hired a lawyer but the county will asked for it. We just declared we can't afford an attorney, since my husband already done once adopting his 1st son from his late exwife .. it's been easy for him to do the paper works that a lawyer does. But before he could adopt my son he needs to be in his custody for 2 years, So we waited for 2 yrs and filed it and the county hall officer asked us to make an advertisement on the local newspaper

for 60 days that my husband is adopting my son and if someone will object to that, that 60 days is the awaiting time for suprise objections.

Adoption here in the US is kinda complicated, because here eventhough the child is illegitimate because both parents never been married, still the father needs to support the child. So when the judge asked me, about it I said I had no more communication long time and don't know he's whereabouts and he never support me even a single cents. He finds it so impossible, so he instead asked for my son birth certificate showing that the real father of my son is not registered in his birth certificate to show he is illegitimate son, and there's no registered marriage too from both of us, before he granted my US husband to grant the adoption for my son. About expenses .. I can't say the amount because I'm not aware, my husband is the one who filed everything but of course lawyer is expensive. The reason why the judge accepted our adoption papers is because my husband has his named already in our county filed for adoption once he hired an attorney for the process and my husband is a reputable Atlanta Police Officer. I don't know if they gonna let you, but they will surely demand for an attorney, because adoption is not a public hearing from a judge, its a private hearing, so attorney need to be present. And the kid's should be present on the hearing because the judge will be asking the kids too. My son is 5 years old then but he managed answering the judge questions, about his relationship to his new stepfather and vice versa.

That's why I explain to aynaku, that birth certificate are so important here because it's the no.1 requirements of one person's identification. Now eventhough we have adoption decree, we still need to ammend my son birth cerificate in Manila showing his new surname and my US husband name on his birth certificate as a father. It's not gonna be original birth certificate of the child, because there's an adoption held, that's the reason why NSO Dept will only ammend the birth certificate not trying to erase entries of information/change name it easily. In able to do that is you need to hire a lawyer too and proceed for a hearing of change name or entries of info's. Which is the same way here in the US, you need to hire a lawyer to proceed divorce/change name/adoption and proceed for hearing infront of the judge for grants.

hope these info's will be a help in your both ends... because it does to mine. God bless!

-Rebelheart-

Rebelheart,

Thank you for replying to my fiance(e) aynaku. I should explain a little further that her sons are not planning on imigrating to the U.S. with their mother and at this point in time there are no plans for me to adopt them and give them my surname. They will be looked after and taken care of by aynaku05's mother. In light of this information, will aynaku still have to hire a lawyer to give them her surname before she can obtain her Visa. If she left the birth certificates as is, will she still have a problem when she goes for her interview at the Embassy, do you think? I just wanted to make the situation a little more clearer and perhaps new advice can be given to aynaku05 or to myself.

Thanks again, and God Bless.

Aynaku05bf

[pushbrk 12,883]

Hi raquel & aynaku,

It's complicated when child involved specially in immigrating & adoption. In my case my son was illegitimate when he is born and no father in his birth certificate and we didn't get married and no communication at all.

In immigrating (NOT JUST TRAVELLING), i submit CENOMAR, birth certificate of my son showing no father's name registered and my son using my maiden name. I tried calling DSWD to make it sure - the word they give me is - i'm clear since no father's name of my son written on his birth certificate and my son is not using his surname. If ever my son using his name and he is in my son birth certificate, I need to filed-up form from DSWD in our city hall and let my exBF to signed in letting me for the full custody of my son and he letting me migrate to US with my son and he won't be after with us.

That's why aynaku status is kinda complicated more, since he doesn't have any communication at all with his exbf for long time and he doesn't know his whereabouts. BUT the exbf has his name of th ekid's birth certificate and the kid's using his last name.

In Adoption, we didn't hired a lawyer but the county will asked for it. We just declared we can't afford an attorney, since my husband already done once adopting his 1st son from his late exwife .. it's been easy for him to do the paper works that a lawyer does. But before he could adopt my son he needs to be in his custody for 2 years, So we waited for 2 yrs and filed it and the county hall officer asked us to make an advertisement on the local newspaper

for 60 days that my husband is adopting my son and if someone will object to that, that 60 days is the awaiting time for suprise objections.

Adoption here in the US is kinda complicated, because here eventhough the child is illegitimate because both parents never been married, still the father needs to support the child. So when the judge asked me, about it I said I had no more communication long time and don't know he's whereabouts and he never support me even a single cents. He finds it so impossible, so he instead asked for my son birth certificate showing that the real father of my son is not registered in his birth certificate to show he is illegitimate son, and there's no registered marriage too from both of us, before he granted my US husband to grant the adoption for my son. About expenses .. I can't say the amount because I'm not aware, my husband is the one who filed everything but of course lawyer is expensive. The reason why the judge accepted our adoption papers is because my husband has his named already in our county filed for adoption once he hired an attorney for the process and my husband is a reputable Atlanta Police Officer. I don't know if they gonna let you, but they will surely demand for an attorney, because adoption is not a public hearing from a judge, its a private hearing, so attorney need to be present. And the kid's should be present on the hearing because the judge will be asking the kids too. My son is 5 years old then but he managed answering the judge questions, about his relationship to his new stepfather and vice versa.

That's why I explain to aynaku, that birth certificate are so important here because it's the no.1 requirements of one person's identification. Now eventhough we have adoption decree, we still need to ammend my son birth cerificate in Manila showing his new surname and my US husband name on his birth certificate as a father. It's not gonna be original birth certificate of the child, because there's an adoption held, that's the reason why NSO Dept will only ammend the birth certificate not trying to erase entries of information/change name it easily. In able to do that is you need to hire a lawyer too and proceed for a hearing of change name or entries of info's. Which is the same way here in the US, you need to hire a lawyer to proceed divorce/change name/adoption and proceed for hearing infront of the judge for grants.

hope these info's will be a help in your both ends... because it does to mine. God bless!

-Rebelheart-

Rebelheart,

Thank you for replying to my fiance(e) aynaku. I should explain a little further that her sons are not planning on imigrating to the U.S. with their mother and at this point in time there are no plans for me to adopt them and give them my surname. They will be looked after and taken care of by aynaku05's mother. In light of this information, will aynaku still have to hire a lawyer to give them her surname before she can obtain her Visa. If she left the birth certificates as is, will she still have a problem when she goes for her interview at the Embassy, do you think? I just wanted to make the situation a little more clearer and perhaps new advice can be given to aynaku05 or to myself.

Thanks again, and God Bless.

Aynaku05bf

Birth certificates for children are only an issue when the children are applying for visas. Simply inform the Consulate the children will not accompany their mother.

[rebelheart 0]

Rebelheart,

Thank you for replying to my fiance(e) aynaku. I should explain a little further that her sons are not planning on imigrating to the U.S. with their mother and at this point in time there are no plans for me to adopt them and give them my surname. They will be looked after and taken care of by aynaku05's mother. In light of this information, will aynaku still have to hire a lawyer to give them her surname before she can obtain her Visa. If she left the birth certificates as is, will she still have a problem when she goes for her interview at the Embassy, do you think? I just wanted to make the situation a little more clearer and perhaps new advice can be given to aynaku05 or to myself.

Thanks again, and God Bless.

Aynaku05bf

Hey aynakuBF

I've got confused that's why I asked her if she included the kids as beneficiaries or for her info's that she got 2 kids. Well as of her "only" visa it won't gonna be a problem, only if the kids are beneficiaries, she needs to include kid's birth certificate if you applied k1/k2's visa for the kid's too.

Since now its clear that, kids are not immigrating, She won't have any problem's into that. If she submitted kid's birth certificate to USE Manila, then they put it just on her file. In able for her to change the name of the kid's to her maiden name, she probably asked for a lawyer in Manila and do the process of change name of the kids. She got valid information of reasoning, since its been 15 years already been past and no communication at all and unknown whereabouts of the real father. It's gonna be a smooth change name proceeding hearing for the two kids in Manila.

OR since her kids ...... are soon will be teenagers or in their right ages as an adult as 18 years old. Their old birth certificates "eventhough" it has father's name or their using their father lastname, will not be a hindrance anymore for them to travel or migrate ... since the mother name shown legally on their birth certificate.

Just wanting to clear things out, that my case is on "MINOR" age kids basis only ( my son is 5 years old when he migrate with me ).Those that are still needing consent from either parents who are not involved anymore or never been married or one of which should have a proper/legal custody rights of the minor kids when migrating out of the country for good.

If she plan for the kids to travel someday when one is in minor age still, if both of them are travelling so the younger son got the accompany of the 1st son by then he would be in 18yrs or older. So there are no hardship on pulling it out smoothly.

Upon her interview, she will expected that the immigration officer will asked about her background as a single person, and then a singlemom of two teenager kids, she needs to tell the truth. Better bring birth certificates of the kids too at the interview, so if been asked she could explained what really happened upon registering of the name upon the delivery of kids by their father eventhough out of wedlock. And the condition of never been married supported of course by CENOMAR and explain about the full custody of the kids for long, since of long time no communication or support from the real father.

Gooduck!

Rebelheart

[Dakine 26]

Doesn't concern the OP but to those that are planning to adopt.

I adopted my 8 year old stepdaughter[K4] shortly after her arrival in the US.

Filed 2 weeks after moms and anaks arrival and got final approval about 2 months later.

She got her US Citizenship 2 years from the date of our marriage in the Philippines which was 3 weeks ago!

Edited November 19, 2007 by Haole