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Illegitimate child, IR/CR1, HELP.

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First of all, thank you VisaJourney! My hubby is now a Naturalized US Citizen, and this forums is where I got my information.

Naturally this is also the place I thought I can ask for help, I tried searching topics with similar interests but I couldn't find one.

I will get right into it.

These are the facts:

• We have a 2-year old son, (born out of wedlock)

• We got married last year when our son was 9months here in the Philippines in my province in Tarlac.

• My hubby just got Naturalized last month in the state of California

Earlier today, I was listening to a local radio and they were talking about illegitimate vs legitimate child. Now I know our son is illegitimate since we were not married when he was born. ON his birth certificate he is already using his father's last name, and that time we sent the papers for my then-bf, who was in the US to sign regarding his consent or acknowledging the child, Now on the radio show, they said that to be legitimate child, the parents will have to apply for Legitimization process to the Local Registry Office.

My husband is now preparing for the petition for us, today I talked to him and asked if we need the legitimization process. He said that we should get it just in case. But like I said I cannot find any topics regarding this similar situation, so I don't know if we should bother with it.

Do we need to do this> Does the consulate in Manila need to see whether our son is really my husbands'?

Also, just because my husband is now American, doesn't mean my son will automatically become one NOW, right? because my aunt who is in America said that what happens, and my husband doesnt need to file the petition for him.

Please help, anyone who had/ has the same experience. or any idea about this, please comment.

I will really appreciate it,

Thank you.

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If your child was legally in the United States as a resident, he/she becomes automatic citizen once the father has attained his ciitizenship and that said child is below 18 years of age. In your case, You husband has to petition for you people to come to the United States. If you have birth certifcate and documentation that he is the father of the child, i dont see any issue at the Embassy in Manila. If they have doubts, they will request a DNA. So you guys should go with the petition and thereafter consular processing. Once u guys get to the US as permanent resident, his dad can apply for his US passport right away. In a nutshell, he has to be here as a resident before he can qualify for the citizenship through his father. Hope this helps.

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Thank you for your reply. As I have read many time here and from other websites including USCIS, our son also needs to be petitioned by my husband. It's just frustrating sometimes that 'some' people/relatives are ill informed with this kind of things.

Regarding the documents of our son, we have his birth certificate with father's name on it and his signature. The only thing Im concerb about is the legitimization, since this is what I heard from the radio show here in my province. The BC and Marriage Certficate will do?

The issue of legetimate/illegitimate will not be a problem, right? Im only asking because on the radio show they were talking about school enrollment requirements, and I was like, that's only for school, what about for the embassy? are they going to be more strict.? something like that.

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First of all, thank you VisaJourney! My hubby is now a Naturalized US Citizen, and this forums is where I got my information.

Naturally this is also the place I thought I can ask for help, I tried searching topics with similar interests but I couldn't find one.

I will get right into it.

These are the facts:

• We have a 2-year old son, (born out of wedlock)

• We got married last year when our son was 9months here in the Philippines in my province in Tarlac.

• My hubby just got Naturalized last month in the state of California

Earlier today, I was listening to a local radio and they were talking about illegitimate vs legitimate child. Now I know our son is illegitimate since we were not married when he was born. ON his birth certificate he is already using his father's last name, and that time we sent the papers for my then-bf, who was in the US to sign regarding his consent or acknowledging the child, Now on the radio show, they said that to be legitimate child, the parents will have to apply for Legitimization process to the Local Registry Office.

My husband is now preparing for the petition for us, today I talked to him and asked if we need the legitimization process. He said that we should get it just in case. But like I said I cannot find any topics regarding this similar situation, so I don't know if we should bother with it.

Do we need to do this> Does the consulate in Manila need to see whether our son is really my husbands'?

Also, just because my husband is now American, doesn't mean my son will automatically become one NOW, right? because my aunt who is in America said that what happens, and my husband doesnt need to file the petition for him.

Please help, anyone who had/ has the same experience. or any idea about this, please comment.

I will really appreciate it,

Thank you.

First, if you don’t undergo legitimation, he is still illegitimate. So yes, you should avail yourself of the process to legitimize your son.

There is a good educational piece from this website that can give you a better understanding to the meanings of legitimation and illegitimate posted here http://www.mylawyer.asia/node/28

There is also a good walk through of the process to correct from illegitimate to legitimation posted here: https://sabsuniverse.wordpress.com/2014/07/15/howto-legitimation-as-of-may-july-2014/

After you complete this step I would say you have a clear path for filing your IR/CR1.


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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Thank you very much Greenbaum. I read the links. It seems like we need to start working on the legitimation of our son. Based on the other link, it may took a couple of months to complete the process. I think we'll have to do it just for the peace of my mind and ofcourse for our son. I'm just a worry rat, I keep thinking I shouldnt be bothered by it because the embassy dont really ask for it.

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Thank you very much Greenbaum. I read the links. It seems like we need to start working on the legitimation of our son. Based on the other link, it may took a couple of months to complete the process. I think we'll have to do it just for the peace of my mind and ofcourse for our son. I'm just a worry rat, I keep thinking I shouldnt be bothered by it because the embassy dont really ask for it.

If you have credible information that the Embassy doesn't require it then keep your petition moving forward for your visa. But, in the meantime, I agree that you should fix this problem for his sake. He can't do it for himself. I can tell that you feel that he deserves it and I agree with you.

So go do the right thing and good luck.

Edited by Greenbaum

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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hi some of your situation is the same as mine when we were still the that process. First of all you're fine even if your child is an illegitimate. its up to you if you want to legitimize it now or not. But base on the petition process everything is legit, your husband can file a petition anytime without having problems…He can file for a petition for you and your child will be the derivative. For now, your child can't be a US citizen because when your child was born your husband was not yet a citizen so your child needs a visa to enter the US.

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First of all, thank you VisaJourney! My hubby is now a Naturalized US Citizen, and this forums is where I got my information.

Naturally this is also the place I thought I can ask for help, I tried searching topics with similar interests but I couldn't find one.

I will get right into it.

These are the facts:

• We have a 2-year old son, (born out of wedlock)

• We got married last year when our son was 9months here in the Philippines in my province in Tarlac.

• My hubby just got Naturalized last month in the state of California

Earlier today, I was listening to a local radio and they were talking about illegitimate vs legitimate child. Now I know our son is illegitimate since we were not married when he was born. ON his birth certificate he is already using his father's last name, and that time we sent the papers for my then-bf, who was in the US to sign regarding his consent or acknowledging the child, Now on the radio show, they said that to be legitimate child, the parents will have to apply for Legitimization process to the Local Registry Office.

My husband is now preparing for the petition for us, today I talked to him and asked if we need the legitimization process. He said that we should get it just in case. But like I said I cannot find any topics regarding this similar situation, so I don't know if we should bother with it.

Do we need to do this> Does the consulate in Manila need to see whether our son is really my husbands'?

Also, just because my husband is now American, doesn't mean my son will automatically become one NOW, right? because my aunt who is in America said that what happens, and my husband doesnt need to file the petition for him.

Please help, anyone who had/ has the same experience. or any idea about this, please comment.

I will really appreciate it,

Thank you.

Nope you do not need the legitimization process for the visa process. Not necessary. If you want to complete the legitimization process for yourselves that is your decision.

No the child is not a USC. The father needed to have been a USC when the child was born to be a USC. You and your son each need a visa.


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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