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freedavid

Birth Certificate and the cost of a Lawyer

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My fiancé and I are working on a K1 visa when we ran in to a problem with her birth certificate. She has two of them, one a live birth and the other one is a late entry. And they are not the same, different birth dates and her name is spelled wrong on one. One of them needs to be discarded and the right one needs the spelling of her name corrected. Not an easy task so I have learned. Any way we have consulted a lawyer, a friend of hers witch means nothing to me when it comes to dealing with a lawyer. I have some question about the money that she wants to charge us for her services. At first it was P20,000, that sounded ok to me but we received the contract to day and its going to be more like 50,000. So I am posting it here on VJ with out the names to protect the innocent. I will thank any one who has any feed back for us in advance, VJ and its members have been a great help.

David

CONTRACT OF SERVICE

KNOW ALL MEN BY THESE PRESENTS:

This CONTRACT OF SERVICE made and executed by and between:

XXXXXXXXXXXXXXXXX, of legal age, Filipino, single, and a resident of XXXX XXXXX, Brgy. XXXXXX XXXXXXX, Leyte, hereinafter called the FIRST PARTY;

- and-

XXXXXXXXXXXXXXXXX, herein represented by ATTY. XXXXXXXXXXXXXXXXX, of legal age, Filipino, married and a resident of XXXXXX, Leyte, Philippines, hereinafter called the SECOND PARTY;

WITNESSETH, THAT:

WHEREAS, the FIRST PARTY discovered that she has two entries pertaining to her record of birth before the National Statistics Office (NSO). One entry reflects the name “XXXXXXXXXXXXXXXXX” with date of birth “APRIL 27, 1983”, while the other entry reflects the name “XXXXXXXXXXXXXXXXX” with date of birth “APRIL 24, 1983”.

WHEREAS, since childhood, she has been using the name “XXXXXXXXXXXXXXXXX with date of birth APRIL 27, 1983”, hence a need to cancel the other erroneously entry.

WHEREAS, the FIRST PARTY desires to engage and hereby engages the services of the SECOND PARTY to institute a Petition for the Cancellation of the Registration of Birth of XXXXX XXXXXX XXXXXX before the Regional Trial Court (RTC), XXXXX City.

WHEREAS, for the benefit of both parties they are now formalizing the engagement by the FIRST PARTY of the services of the SECOND PARTY;

NOW, THEREFORE, premises considered, the FIRST PARTY hereby confirms the engagement of the services of the SECOND PARTY

and the latter hereby agrees to such engagement under the following terms and conditions, to wit:

1. The SECOND PARTY shall render its honest, diligent and faithful services until such time that a Decision is released cancelling her other erroneous entry.

2. The Acceptance Fee due to the SECOND PARTY shall be TWENTY THOUSAND PESOS (P20,000.00), Philippine currency. The Appearance Fee per hearing shall be THREE THOUSAND FIVE HUNDRED PESOS (P 3, 500.00) PESOS, Philippine currency.

This Contract of Service is One Thousand Five Hundred Pesos (P 1, 500.00), Philippine currency.

3. The payment for filing fee, commissioner’s fee, mailings, publication fee, and photocopies shall be for the FIRST PARTY’s account. However, for purpose of proper and complete accounting, the SECOND PARTY shall provide for receipts or asks for receipts if the same is paid in other offices. Tentatively, the amount shall be:

Filing fee …………….. P 5,000.00

Commissioner’s fee ……………. P 5,000.00

(Last case that I handled the amount is only P 3, 500.00)

Publication fee ……………. P 15,000.00

NB: The amount stated is only tentative, FIRST party is encouraged to ask for receipts from the respective offices which said amounts are paid.

IN WITNESS WHEREOF, parties have hereunto set their hands this 20th day of April 2015 at XXXXX, Leyte, Philippines.

XXXXXXXXXXXXXXXXX XXXXXXXXXXXXXXXXX First Party Second Party

By:

ATTY. XXXXXXXXXXXXXXXXX

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Why don't you do it yourself? A lawyer isn't needed in the first place.


I-129F: Sent 9/5/2014
I-129F: Arrived at Lewisville 9/8/2014
I-129F: NOA1 Text message/mail 9/11/2014
I-129F: Alien Registration Number Changed 9/16/2014
I-129F: Request to correct on document or notice assigned to an officer for response 10/25/2014
I-129F: Name Change request made 10/31/2014
I-129F: NOA 2 Text message/mail 4/6/2015

I-129F: NOA 2 Hardcopy 4/9/2015

I-129F: Sent to NVC 4/13/2015

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I have not been to the phillipines. So I cannot tell you if this sounds legitamate or not. But, anytime I spend a big chunk of money. I ALWAYS GET 2nd OPINIONS! And not from the internet.

Edited by Karmalious

PETITION I-130

1/2/2015 - Petition sent to Phoenix Lockbox

1/6/2015 - NOA #1 Receipt

7/1/2015 - NOA #2 Approved

7/10/2015 - Email from Nebraska stating sent the case to NVC

NVC

7/16/15 - Case Received by NVC

7/30/15 - Case number assigned

8/3/15 - DS-261 Agent available

8/4/15 - DS-261 Agent completed

8/4/15 - AOS fee available & paid

8/6/15 - Check cleared the bank & bar-code cover sheet now available

8/13/15 - AOS Packet & IV Packet sent to NVC by priority mail

8/15/15 - IV fee available & paid same day

8/17/15 - NVC received package

8/19/15 - Check cleared the bank & DS-260 available & DS-260 completed!!! ALSO, we received email notification from NVC that they received package on 8/17

- Case completed at NVC

- Case sent to Embassy on this date

EMBASSY

- Embassy received packet

- Wife received Packet 3/4 Instructions

- Medical appointment

- Interview

Point of Entry

- Enter Austin, Texas

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I don't know that I can do it my self, that's why Im asking. But if I can, I will. If you know where I get the info to do it would be much appreciated.

Thanks

David

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It shouldn't matter if she has two different birth records, as long as you can get a NSO original that has her correct name and correct DOB that you are using on the applications

What part of Philippines does she live?

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I don't know that I can do it my self, that's why Im asking. But if I can, I will. If you know where I get the info to do it would be much appreciated.

Thanks

David

hi freedavid,

I found these useful links regarding the NSO birth certificate in the Philippines;

http://web0.psa.gov.ph/civilregistration/problems-and-solutions/wrong-spelling-1

http://www.thedailyguardian.net/index.php/local-news/17835-nso-exec-clarifies-guidelines-on-birth-certificate-error-fix

The lawyer cost around 50-80,000 philippine pesos last year (around $2000).

Hope this helps.


710-23-2014 - K1 interview (Phils): Approved
10-31-2014 - K1 Visa received
01-20-2015 - POE
02-20-2015 - Marriage
03-20-2015 - AOS/EAD/AP Packet Submission (day 0) ** date I submitted ***
03-24-2015 - NOA1 received (day 4)
03-27-2015 - NOA1 hard copies received (day 7)
04-06-2015 - Biometrics letter hard copy received (day 17)
04-16-2015 - Biometrics Appointment (day 27)
05-01-2015 - USCIS changed to Interview is scheduled (day 42)
05-06-2015 - Hardcopy of interview notice received ( I-797 C, NOA) (day 46)
06-02-2015- Conditional GC got approved (day 82) 
06-08-2015- Hard copy of Welcome notice received via mail (day 88)
06-10-2015- Actual GC received via mail  (day 90)
ROC
4/06/17 - Sent package (day 0)
4/7/17 -  USCIS received package (day 1) NOA date
4/14/17 - check encashed (day 😎
4/15/17 - NOA 1 received (day 9)
4/22/17 - Biometrics notice date (day 16)
4/29/17 - Biometrics notice letter received (day 23)
5/9/17 - Biometrics done (day 33)
3/19/18 - Case approved
3/23/18 - Approval letter received
4/6/18 - Actual 10-yr GC received 
N400 (under 3-year rule)
4/27/18 - filed N400 online (Friday) (day 0)
4/27/18 - paid/payment received (day 0)
4/27/18 - NOA date
5/21/18 - Biometrics done
7/25/18 - Interview letter date
8/31/18 - Scheduled interview. Got approved!
9/20/18 - Naturalization ceremony in Faneuil Hall, Boston, MA
 
"Seasons of waiting are designed to prepare you, stretch your faith, and get you ready for everything that's coming next" - curiano quotes life

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1st question is what does NSO have for a birth certificate on their records, that is what you will be dealing with. 2nd, name corrections are much easier to do now, start with the local registar in her barangay.


Hank

"Chance Favors The Prepared Mind"

 

      HandArrow.gif.adeb854ba620933849ae921ca0b44a0c.gif  Link to the Visa Process for Manila Embassy once you have your NOA2 : Click Here

 

Contact Hank: HERE

K-1 visa approved 21 March 2012

...Citizenship... complete!

 

 

 

 

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Thanks ill check them out.

This could be easy. Like Vol states and Hank also. Get the NSO in the right name and birthdate and determine what it says. If everything on the NSO is correct bring it to the interview and your good to go. If information needs to be changed it can be changed at her local registrar. This could be real simple but you won't know till you have the NSO in your hands.


Spoiler

Adjustment of Status

AOS March 5, 2014 Submitted AOS with EAD/AP package to Chicago USICS

Delivered March 8, 2014 AOS packaged delivered to USCIS drop box

Accepted March 19, 2014 Text message with receipt numbers

Biometrics April 16, 2014 Biometrics completed

EAD May 23, 2014 Employment Authorization Document approved and went to card production

TD May 23, 2014 Travel Document approved and went for card production

Receipt EAD/AP May 30, 2014 Received combo card EAD/AP

Green Card Approved July 11, 2014 Approved, no interview. Went to card production.

Green Card received July 17, 2014 GC received without interview

Removal of Conditions

Mailed I-751 Dec 16, 2015 Submitted ROC (removal of conditions)

Received Dec 18, 2015 USPS notification of successful delivery

Check Cashed Dec 21, 2015 Check was cashed

NOA-1 Issued Dec 21, 2015 NOA-1 for ROC issued

NOA-1 Issued Dec 26, 2015 NOA-1 Received

Biometrics Appt. Jan 29, 2016 Biometrics Appointment Scheduled [Completed]

 

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Try to look on the new Law that been approved not sure if it is last year or 2 years ago that any correction of mispelled of names can be changed already with supporting documents. Try to ask the NSO office about the legal process.

There is such a law. http://census.gov.ph/civilregistration/civil-registration-laws/republic-act-no-9048

Republic Act No. 9048

Republic of the Philippines

Congress of the Philippines Metro Manila Eleventh Congress

Third Regular Session

Begun and held in Metro Manila, on Monday, the twenty-fourth day of July, two thousand.

[REPUBLIC ACT NO. 9048]

AN ACT AUTHORIZING THE CITY OR MUNICIPAL CIVIL REGISTRAR OR THE CONSUL GENERAL TO CORRECT A CLERICAL OR TYPOGRAPHICAL ERROR IN AN ENTRY AND/OR CHANGE OF FIRST NAME OR NICKNAME IN THE CIVIL REGISTER WITHOUT NEED OF A JUDICIAL ORDER, AMENDING FOR THIS PURPOSE ARTICLES 376 AND 412 OF THE CIVIL CODE OF THE PHILIPPINES.


Spoiler

Adjustment of Status

AOS March 5, 2014 Submitted AOS with EAD/AP package to Chicago USICS

Delivered March 8, 2014 AOS packaged delivered to USCIS drop box

Accepted March 19, 2014 Text message with receipt numbers

Biometrics April 16, 2014 Biometrics completed

EAD May 23, 2014 Employment Authorization Document approved and went to card production

TD May 23, 2014 Travel Document approved and went for card production

Receipt EAD/AP May 30, 2014 Received combo card EAD/AP

Green Card Approved July 11, 2014 Approved, no interview. Went to card production.

Green Card received July 17, 2014 GC received without interview

Removal of Conditions

Mailed I-751 Dec 16, 2015 Submitted ROC (removal of conditions)

Received Dec 18, 2015 USPS notification of successful delivery

Check Cashed Dec 21, 2015 Check was cashed

NOA-1 Issued Dec 21, 2015 NOA-1 for ROC issued

NOA-1 Issued Dec 26, 2015 NOA-1 Received

Biometrics Appt. Jan 29, 2016 Biometrics Appointment Scheduled [Completed]

 

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Hello freedavid. Seems like the same situation with me but i dont have 2 birth certs just wrong name entry on my Birth Cert.

This is definitely a DO IT YOURSELF thing IF... Please take note below:

Get a copy of her Birth cert from NSO (in security paper) the one that HAS THE CORRECT BIRTHDAY because if you are going to correct just the incorrect first, middle or surname, NO LAWYER is needed. All you have to do is go to your Town or City Hall's Civil Registry Department, tell them you wish to correct it (Repubnlic Act 9048 as Greenbaum mentioned). I dont know how much there in Leyte. I live in Manila, i paid The Civil Registry Department P3,500 (almost $100) for the filing fee (excluding the fees of copies from NSO and some Valid IDs and documents needed to prove that her name on her BC is wrong. Example, if her name on her BC is ALMA But shes been using AMALIA, you need to get supporting documents with her name AMALIA on it. Documents such as NBI, School Records, Police Clearance, Work IDs etc..) Then see The CivRegistry again, and you need to contact a newspaper or tabloid publishing company to publish it (cost me P15,000 or $350 the most) then you need to buy the newspaper whenever they publish that Ad regarding the correction of her name, (They will tell you the date when they publish it) i believe they will publish it 3 times in 3 weeks (secure your own copy of the newspaper because you will also give copy to the Civil Registrar) after the 3 publish, The poublishing company will give you the Affidavit of Publishing and you will submit all the papers (incorrect Birth Cert, supporting documents, cut out copy of Ad on newspaper and the Affidavbit) to the Civil Registry and they will file it to NSO main and the waiting time (it may vary, i am not so sure But this is my expeience) is 4 MONTHS. After 4 months you need to get in touch again to your CiuvRegistry and they will tell you to come personally to NSO main to get the copy of the CORRECTED BIRTH CERT. They told me to go personally to NSO because it is the first time for me to get the CORRECTED one so the next copies (if you will request again, you dont have to go to NSO personally)

Hope this helps.

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