UNUSUAL PROBLEM - HELP

[caley 0]

I need some comments or suggestions regarding my problem. thank you in advance

I was 1 month pregnant with my ex-bf when me and my fiancee met. he decided to name the child after him on the Birth certificate and signed it, so now he applied the K1 petition including my son in the forms.and it was approved, We are now waiting for the NVC to pass the case to manila. my problem now is, is there gonna be a problem with my son's case since the petitioner and my son has the same surname but not really his biological father. my fiancee really loves my son and treat him like his own. need some advice. being frustrated now.thanks

[reginakrys 33]

I need some comments or suggestions regarding my problem. thank you in advance

I was 1 month pregnant with my ex-bf when me and my fiancee met. he decided to name the child after him on the Birth certificate and signed it, so now he applied the K1 petition including my son in the forms.and it was approved, We are now waiting for the NVC to pass the case to manila. my problem now is, is there gonna be a problem with my son's case since the petitioner and my son has the same surname but not really his biological father. my fiancee really loves my son and treat him like his own. need some advice. being frustrated now.thanks

I know of one case where the K-2 wasn't allowed for the child because the CO wanted the child's birth certificate to NOT show the petitioner's name. They were told that they either had to undergo CRBA (because the BC showed that the child was the petitioner's child at birth - which would be impossible to accomplish if they were asked for a DNA test) or they had to amend the child's birth certificate to NOT reflect the petitioner's name as the father. What happened was the child was left in the home country, the petitioner and beneficiary married, and now the USC is filing for the beneficiary's child as a stepchild. Their I-130 process isn't finished though, so I couldn't tell you if they went about it the right way.

[VanessaTony 3,567]

Yes it will be a problem that he is on the birth certificate. You need to have him removed. he is not the child's father.

He is a USC and if the child was his bio child he would be eligible for USC, as he's not the bio father then he's not eligible for USC. It is fraudulent to have him on the birth certificate when you know he's not the dad. It wouldn't be that big of a deal if immigration wasn't involved (because so many women lie about who the dad is), but they are so you need to do things 100% legally.

[caley 0]

I need some comments or suggestions regarding my problem. thank you in advance

I was 1 month pregnant with my ex-bf when me and my fiancee met. he decided to name the child after him on the Birth certificate and signed it, so now he applied the K1 petition including my son in the forms.and it was approved, We are now waiting for the NVC to pass the case to manila. my problem now is, is there gonna be a problem with my son's case since the petitioner and my son has the same surname but not really his biological father. my fiancee really loves my son and treat him like his own. need some advice. being frustrated now.thanks

[belinda63 3,022]

They might want a DNA test to verify the fiance is not the father since the child would be eligible for US citizenship and would not be issued a visa if it was biologically his.

[canadian_wife 1,808]

The name on the birth certificate indicates that the child may have claims to US citizenship. If this is the case, the visa will not be issued to your child. This may delay your case substantially as you may be asked for a DNA test or an amended birth certificate

Good luck

[Anh map 2,098]

The child seems to have a claim to US citizenship, so no visa for him. DNA test will say otherwise. So will the math if the CO compares conception time with first meeting.

Time to sort things out before it gets tangled and causes delays and / or stress.

[caley 0]

They might want a DNA test to verify the fiance is not the father since the child would be eligible for US citizenship and would not be issued a visa if it was biologically his.

my son already have a philippine passport. will it work if we will just get him a visa instead of getting us citizenship

[caley 0]

They might want a DNA test to verify the fiance is not the father since the child would be eligible for US citizenship and would not be issued a visa if it was biologically his.

my son already have a philippine passport. will it work if we will just get him a visa instead of getting us citizenship because he is really not a biological son.

Edited June 12, 2012 by caley

[Anh map 2,098]

my son already have a philippine passport. will it work if we will just get him a visa instead of getting us citizenship because he is really not a biological son.

If you claim that the father is a US citizen, he can't be given a visa. A visa for a Philippine child would need permission of the biological parent. That's the circumstance that you have to deal with.

It's not a decision that the CO can make. It's PI law and an international treaty.

[caley 0]

If you claim that the father is a US citizen, he can't be given a visa. A visa for a Philippine child would need permission of the biological parent. That's the circumstance that you have to deal with.

It's not a decision that the CO can make. It's PI law and an international treaty.

what is the best thing to do

[Grant PDX 183]

I would attempt to get a CRBA. The information on http://manila.usembassy.gov/service/citizenship.html does say that it must be the biological parent, however given your situation I would make an appointment to go to the embassy and discuss it with them. It's best if it's the father goes but based on what the website says it's not mandatory. I would give that a shot and worst case explain it to them and see what they say.

If they don't give the CRBA then you would still need to go for the visa. Given the current Philippine passport it shouldn't be an issue.

If they are not given the CRBA and a US passport, the biological father doesn't really need to be involved. My stepson, now adopted son, came to the US without anything being done by his biological father whose name was on the BC... In the Philippines the mother has a pretty solid claim on the kids.

Edited June 12, 2012 by Grant PDX

[Tahoma 2,291]

Is your child's biological father a U.S. Citizen?

[caley 0]

I would attempt to get a CRBA. The information on http://manila.usembassy.gov/service/citizenship.html does say that it must be the biological parent, however given your situation I would make an appointment to go to the embassy and discuss it with them. It's best if it's the father goes but based on what the website says it's not mandatory. I would give that a shot and worst case explain it to them and see what they say.

If they don't give the CRBA then you would still need to go for the visa. Given the current Philippine passport it shouldn't be an issue.

If they are not given the CRBA and a US passport, the biological father doesn't really need to be involved. My stepson, now adopted son, came to the US without anything being done by his biological father whose name was on the BC... In the Philippines the mother has a pretty solid claim on the kids.

Thank you very much for your suggestion. but how can i get an appointment at the embassy. im not really after the CRBA and US passport. so you mean i can still get my son a visa using his philippine passport. sorry about all my questions, this is my first time asking someone about my situation.

[caley 0]

Is your child's biological father a U.S. Citizen?

no he is a filipino citizen and i havent seen or heard anything from him since i got pregnant. thats the reason why my fiancee now decided to name my son to him.

Edited June 12, 2012 by caley