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martinbr

Childs birth certificate

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I was just married last week in the philippines and will be filing my i-130 papers in about a month once I get back my true certified copies of marriage license and birth certificates. But i have run into a snag. My wife had a child out of wedlock and on the childs birth certificate the name of the child is the fathers last name. That's one problem. But also the maiden name of my wife isn't correct. It is reading a name that is different from her maiden name.

It is also stating that she was married in manila but this is not true. She wasn't married at all. So the documents are of a false nature.

We are thinking that the documents were falsified in the first place and that the father of the child's father some how had it fixed to look like she was married.

I have a friend in Ca who just went thru this with his wife and they attached a letter stating that the reason that the name is the same as the fathers is that they didn't want to bring shame to the child and let the child have the same name as the father. This seemed to work for them but i don't know if this is going to be a snag or should i seek a attorney for this?

What it means is, that i can get my wife over since she has a cenomar paper and the marriage license but not the child. Problem being is that going the lawyer route it's going to cost around $800.00 vs. just putting a letter attached to the childs birth certificate. Also it's going to take to at aleast the middle of next year to get the child clear of this so i can't even file the petition on the kid yet.

We might file the petition for my wife and see if we can get the child over later at a later date. That's not what I want to do, but it's a way to go anyway.

Actually we did talk to attorney and she said that she could get it fixed so the child could have the mothers maiden name on her true birth certificate.

Anyone else that has had this situation, some feedback would be greatly appreciated.

thanks,

martinbr

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Filed: IR-1/CR-1 Visa Country: India
Timeline

hi,

this is tough situation, i think an attorney is needed here or you can post in the local phillipines forum.

BEst of luck

Jigi

Feb 1,2007 - I-130 Reached USCIS.

Feb 4,2007 - I-130 accepted > Get USCIS case Number NOA1.

May 8 ,2007- GET NVC Case Number > NOA2.

June 16 ,2007- Get Order from NVC to pay 70$.

July 2 ,2007- Get DS-3032 in India.

July 7,2007 - DS-3032 choice of address agent entered in NVC.

July 14 ,2007- Get I-864.

July 18 ,2007- I-864 Enters NVC.

July 29 ,2007- Get Order to Pay 380$ fee.

Aug 3 ,2007- 380$ Fee Reached St Louis.

Aug 25,2007 - NVC & St Louis People receive photocopy of my payment with USPS receipt.

After WAITING for 37 days.

Sept 10,2007 - 380$ fee encashed.

Sept 24,2007 - Receive DS-230 in Mail.

Sept 25,2007 - DS-230 despatched.

Sept 26,2007- DS-230 Delivered.

Oct 1,2007 - NVC has DS-230.

Oct 12, 2007 - DS-230 Reviewed. Case Complete

Oct 16, 2007 - Case at Embassy.

Oct 25, 2007- Interview Letter Despatched from Embassy.

Nov 3, 2007 - Recieved Interview Letter.

Dec 1, 2007 - Medical Exam .

I GOT IT

Jan 16 - I am in USA

April 15 2008 - Get my Drivers License.

I-751 Lifting Conditions at California Service Center

November 12, 2009 - I-751 Sent via USPS Express Mail

November 13, 2009 - Receipt of I-1751 Fee

November 20, 2009 - Arrested on Domestic Battery(Had argument with wife)

December 18, 2009 - Biometrics Completed at 9 am.

January 13, 2010 - Receive I-797E Notice for more evidence

February 16, 2010 - Mail reaches Californa Service Center( Next day of Preseidents Day)

February 19, 2010 - Card Production Ordered. Status now IR1

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This needs to be corrected via court preceedings at their locality in Philippines. Hire a lawyer that can rectify this issue, especially if the child and your fiance will be going through immigration process. If all information entered on the document was false, it needs certification that it is so and only the court can fix that for you.

IR-1

Immigration Process

2007-02-22 **I-130 Sent to VSC

2007-07-02 **I-130 APPROVED at USCIS- CSC

2007-10-10 **CASE COMPLETED at NVC

2007-11-15 **INTERVIEW DATE. APPROVED at USEM!!!

USA

2007-12-02 **Arrival from MNL to JFK (NYC)

2007-12-10 **Visit to SSA

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