Petitioning my parents

[richo_006 0]

Hi everyone,

I would try to summarize my questions regarding petitioning my parents in the philippines. I am in the process of gathering data for I 130 petition for my mom and dad. The first scenario is that they are not married, but they've been together for 30 plus years. My mom's previous husband demised roughly about 6 years ago, so we're good with that. My dad's legal wife is still alive , so legally he is still married to her. Although they are both in my birth certificate, i am born out of wedlock, thus illegitimate right? I know I have to petition separately for each of them. Now my questions are:

*** I 130 FOR MY DAD:

Question 1: Do you guys think he have to file annulment now before i submit the petition for him?

Question 2: or just file the 1 130 and check married under marital status (provide his marriage certificate) and just prove to immigration officer that my

dad and mom had been together for 30 plus years and my dad continuously give support to me from birth till 18 or something like that ?

My second dilemma is regarding my mom's name. Which up to now im frustrated why she did that but its done. Anyways, in my birth certificate my mom put her MAIDEN NAME . Mind you, she's just separated from her husband when her and my dad got together. NOw, when my mom and dad get together , my mom change her name to my dad's name eventhough they are not married, so like the title of their house is in this form. Then on 2006, when her son on her previous marriage (my half brother) which is in UK, invited her to visit him in UK. So she changed back her name to her husband's last name which is legally her MARRIED NAME. Which is also what is in her PASSPORT at the moment. Now my questions are:

*****I 130 FOR MY MOM:

Question 1: Do I put my mom's MAIDEN NAME in my I 130 application since that is in my BIRTH CERTIFICATE?

Question 2: Do i put my mom's MARRIED NAME which is also in her PASSPORT, and which is what she used to apply before for US TOURIST VISA which was denied(coz they think that she is going to work)

but she applied for tourist visa to attend my wedding here in the states.

Question 3: Do I just tell her to change her passport back to her MAIDEN NAME, so it would match my birth certificate and she is widowed anyways.

Thank you in advance for reading my diLEMMA, PLEASE HELP ME My goal is to shy away from annulment proceedings in the philippines (since it cost about $4,000 and takes about 6 months to 1 year). My another goal is to not hire a lawyer, AS MUCH AS POSSIBLE. Thanks my VJ family. You guys help me and my husband from k1 till the end, ill be a US citizen in a few weeks! Thanks

[richo_006 0]

anyone?

[ngvuanh 0]

I am not an expert, but I have petitioned my dad, so I may be able to your answers within my knowledge.

1. First, for your MOM.

Since she finally has to submit both BIRTH certificate and PASSPORT, I would suggest she can change her name on the passport to match her birth certificate.

GC Officer donesn't care how old/new the passport is, but they will really care about how old the birth certificate is. So, DO NOT make any revise on her birth certificate.

2. Your DAD.

Since he still legally married to other woman, there may be complicate in all documents you need to submit to NVC.

I believe some experts here can answer this question for you.

Edited February 14, 2012 by ngvuanh

[richo_006 0]

Hi ngvuanh,

thank you for your reply. THe birth certificate that i am talking about is my birth cert. Not my moms. Regarding my dad's case, i knew it will be complicated. But thank you for your reply

[aaron2020 11,651]

Hi everyone,

I would try to summarize my questions regarding petitioning my parents in the philippines. I am in the process of gathering data for I 130 petition for my mom and dad. The first scenario is that they are not married, but they've been together for 30 plus years. My mom's previous husband demised roughly about 6 years ago, so we're good with that. My dad's legal wife is still alive , so legally he is still married to her. Although they are both in my birth certificate, i am born out of wedlock, thus illegitimate right? I know I have to petition separately for each of them. Now my questions are:

*** I 130 FOR MY DAD:

Question 1: Do you guys think he have to file annulment now before i submit the petition for him? No. It doesn't matter if he is not married to your mom. His marriage is irrelevant. You are not petitioning his wife. If he wants an annulment to marry your mother, then he should do it for that reason. There is no immigration reason that requires him to file for an annulment.

Question 2: or just file the 1 130 and check married under marital status (provide his marriage certificate) and just prove to immigration officer that my dad and mom had been together for 30 plus years and my dad continuously give support to me from birth till 18 or something like that ? He's married so you check married under marital status. You are illegitimate, so you will need to provide evidence of a child/parent relationship.

My second dilemma is regarding my mom's name. Which up to now im frustrated why she did that but its done. Anyways, in my birth certificate my mom put her MAIDEN NAME . Mind you, she's just separated from her husband when her and my dad got together. NOw, when my mom and dad get together , my mom change her name to my dad's name eventhough they are not married, so like the title of their house is in this form. Then on 2006, when her son on her previous marriage (my half brother) which is in UK, invited her to visit him in UK. So she changed back her name to her husband's last name which is legally her MARRIED NAME. Which is also what is in her PASSPORT at the moment. Now my questions are:

*****I 130 FOR MY MOM:

Question 1: Do I put my mom's MAIDEN NAME in my I 130 application since that is in my BIRTH CERTIFICATE?

Question 2: Do i put my mom's MARRIED NAME which is also in her PASSPORT, and which is what she used to apply before for US TOURIST VISA which was denied(coz they think that she is going to work)

but she applied for tourist visa to attend my wedding here in the states.

Question 3: Do I just tell her to change her passport back to her MAIDEN NAME, so it would match my birth certificate and she is widowed anyways.

Just use her legal name - the married name. If she wants to use your father's last name, then your dad should get an annulment and marry her.

Thank you in advance for reading my diLEMMA, PLEASE HELP ME My goal is to shy away from annulment proceedings in the philippines (since it cost about $4,000 and takes about 6 months to 1 year). My another goal is to not hire a lawyer, AS MUCH AS POSSIBLE. Thanks my VJ family. You guys help me and my husband from k1 till the end, ill be a US citizen in a few weeks! Thanks

[richo_006 0]

Hi Aaron! Thank you for your reply.. That helps a lot! God bless you:)