Question About How To Do K-1 Process While Birth Certificate Being Corrected

[Young Turp 0]

Hello everyone =)

I'll be going to the Philippines in April to propose to the woman of my dreams, and I will be filing a K-1 129F petition immediately thereafter. My lady's birth certificate has been labeled "male" for gender since birth. We have found a good lawyer, who is a personal friend of hers, that will do the case for 20,000 pesos, publication fee and everything else included. He says the quickest that this process can occur is about 6 months. She plans to start this birth certificate process about the middle of this month, February. So, it could be completed by mid-August, maybe sooner, maybe later.

Anyways, I will file my 129F in late April. Will the incorrect birth certificate be a hindrance, or will they accept either it or the correction process as valid at the interview? If not, then I suppose they would just need to delay her interview until she actually got the corrected birth certificate, am I correct? And then she could proceed with the final stages of the Visa process?

Any advice that you guys can offer will surely be appreciated. Please tell me which steps to take.

Thanks very much =)

[sjr09 155]

Hello everyone =)

I'll be going to the Philippines in April to propose to the woman of my dreams, and I will be filing a K-1 129F petition immediately thereafter. My lady's birth certificate has been labeled "male" for gender since birth. We have found a good lawyer, who is a personal friend of hers, that will do the case for 20,000 pesos, publication fee and everything else included. He says the quickest that this process can occur is about 6 months. She plans to start this birth certificate process about the middle of this month, February. So, it could be completed by mid-August, maybe sooner, maybe later.

Anyways, I will file my 129F in late April. Will the incorrect birth certificate be a hindrance, or will they accept either it or the correction process as valid at the interview? If not, then I suppose they would just need to delay her interview until she actually got the corrected birth certificate, am I correct? And then she could proceed with the final stages of the Visa process?

Any advice that you guys can offer will surely be appreciated. Please tell me which steps to take.

Thanks very much =)

All names need to be correct and valid before you file in my point of view, to avoid any problems especially with the birth cert saying she is a male. 6 mo. sounds like a long time for anyone to correct it?

If you feel the need for a for a lawyer,have your "lady" shop around but don't let them know the Kano is paying if you get my point....

Edited February 3, 2010 by sjr09

[faithgab 0]

I am writing here to give you an advise and not to ruin your trust, I am from Manila and had dealth with my relatives problem with regards to Birth Certificate. 20,000 Pesos for this is way toooooo much i can say! I suggest you to ask your girlfriend to file for late registration even if she have her birth certificate already instead of going through a lawyer. We did this to our aunt who have incorrect birthday and surname and cousin who have the same problem with your girl friend in their birth certificates. We only paid around 500 Pesos (11 dollars).

Do yourself a favor and do some research bout this. You may check this site for your reference. http://www.census.gov.ph/

Good luck.

[Calypso 465]

"...you may cause the correction of the entry of your gender in your birth certificate by filing the appropriate petition for correction of entry before the court of the place where the Local Registry Office which recorded your birth is located. (Section 1, Rule 108, Rules of Court) Only the courts have the authority to order modifications or alterations on any document entered in the civil register. Without the court’s authorization, no changes may be made on such documents except those errors which are merely clerical or typographical in nature, in which case, the concerned Local Civil Registrar can change or correct such errors. (Section 1, R.A. No. 9048). However, as the correction you seek is not clerical or typographical in nature, we need not discuss said law at length.

To begin the process of correcting the erroneous entry of gender in your birth certificate, you must first secure the services of a lawyer who will help you prepare and file the aforementioned petition in court and to represent you in the course of the hearing of your petition. After the filing of the petition, the court will then issue an order as to the date, time and place of the hearing and will cause sufficient notification to the persons named in the petition. You will need, however, to cause the publication of such order of the court in a newspaper of general circulation once a week for three (3) consecutive weeks. (Section 4, Rule 108, Rules of Court)

After you have presented sufficient evidence proving the existence of the erroneous entry in your birth certificate, then the court will order that such be changed to reflect your correct gender. The erroneous entry under the field of gender, however, will not be altered, rather the court will order the concerned Local Civil Registrar to annotate on your birth certificate the correction to the document as ordered by the court."

Source: http://www.manilatimes.net/index.php/news/...rth-certificate

[Calypso 465]

I am writing here to give you an advise and not to ruin your trust, I am from Manila and had dealth with my relatives problem with regards to Birth Certificate. 20,000 Pesos for this is way toooooo much i can say! I suggest you to ask your girlfriend to file for late registration even if she have her birth certificate already instead of going through a lawyer. We did this to our aunt who have incorrect birthday and surname and cousin who have the same problem with your girl friend in their birth certificates. We only paid around 500 Pesos (11 dollars).

Do yourself a favor and do some research bout this. You may check this site for your reference. http://www.census.gov.ph/

Good luck.

Faith, I don't know where you got that idea but you might be missing parts of the real story.

Some lawyers in private practice even cost Php 25, 000 to 70, 000 or even 80, 000 to do it for three months. If you have read newspapers when you were still in the Philippines, you'd see every now and then names of those who have the entries in their birth certificate corrected. That's the publication requirement as the law states.

To Jimmy, I hope you get the progress run swift.

Hakuna matata.

God bless us all.

FAE

[Young Turp 0]

All names need to be correct and valid before you file in my point of view, to avoid any problems especially with the birth cert saying she is a male. 6 mo. sounds like a long time for anyone to correct it?

If you feel the need for a for a lawyer,have your "lady" shop around but don't let them know the Kano is paying if you get my point....

Yes, her name is valid. It's just that her birth certificate says "male." Haha, she is indeed a "lady" my friend And her lawyer friend has no idea why she is getting this service done. He asked her if she was going overseas, and she simply said, "yes (with one of those shy laughs)."

6 months is the average time I believe. Some can be done in 3 months. Yes, it seems long, especially when in America it is so easy to fix such things.

I am writing here to give you an advise and not to ruin your trust, I am from Manila and had dealth with my relatives problem with regards to Birth Certificate. 20,000 Pesos for this is way toooooo much i can say! I suggest you to ask your girlfriend to file for late registration even if she have her birth certificate already instead of going through a lawyer. We did this to our aunt who have incorrect birthday and surname and cousin who have the same problem with your girl friend in their birth certificates. We only paid around 500 Pesos (11 dollars).

Do yourself a favor and do some research bout this. You may check this site for your reference. http://www.census.gov.ph/

Good luck.

Hello Faith. I couldn't even find information about a late registration on the website, or any of the others I've been looking at for the past week. Would you happen to have a concrete website where I can find this information at? Thanks!

Faith, I don't know where you got that idea but you might be missing parts of the real story.

Some lawyers in private practice even cost Php 25, 000 to 70, 000 or even 80, 000 to do it for three months. If you have read newspapers when you were still in the Philippines, you'd see every now and then names of those who have the entries in their birth certificate corrected. That's the publication requirement as the law states.

To Jimmy, I hope you get the progress run swift.

Hakuna matata.

God bless us all.

FAE

Fae, thank you so much for all your advice and help. It's great to hear the news, and I really hope she can her certificate fixed in three months, or at least before her interview

[mshopeful 1]

I am writing here to give you an advise and not to ruin your trust, I am from Manila and had dealth with my relatives problem with regards to Birth Certificate. 20,000 Pesos for this is way toooooo much i can say! I suggest you to ask your girlfriend to file for late registration even if she have her birth certificate already instead of going through a lawyer. We did this to our aunt who have incorrect birthday and surname and cousin who have the same problem with your girl friend in their birth certificates. We only paid around 500 Pesos (11 dollars).

Do yourself a favor and do some research bout this. You may check this site for your reference. http://www.census.gov.ph/

Good luck.

Although I agree with you that 20,000.00 is way too much, late registration will not help her, the original will always come out when she request for birth cert at the NSO.

[mshopeful 1]

Yes, her name is valid. It's just that her birth certificate says "male." Haha, she is indeed a "lady" my friend And her lawyer friend has no idea why she is getting this service done. He asked her if she was going overseas, and she simply said, "yes (with one of those shy laughs)."

6 months is the average time I believe. Some can be done in 3 months. Yes, it seems long, especially when in America it is so easy to fix such things.

Hello Faith. I couldn't even find information about a late registration on the website, or any of the others I've been looking at for the past week. Would you happen to have a concrete website where I can find this information at? Thanks!

Fae, thank you so much for all your advice and help. It's great to hear the news, and I really hope she can her certificate fixed in three months, or at least before her interview

She can not file for late registration unless she has no record of birth at the NSO, in her case she has a record only it is male not female. Errror in gender is corrected in court unlike in name it can be corrected through a local civil registrar. Tell your fiancee to get advise from her municipal registrar, maybe they know lawyers whose not too expensive, there are many cases of like these in the Phil and the civil registrar is the best office to go into. Good luck.

[Calypso 465]

You are welcome, Jimmy.

Enjoy your visit!