Philippine Birth Certificate

[Stormyfour20 0]

Hoping someone can help here. I'm a US citizen and she is a Filipina. I went to speak with an immigration attorney recently and from that meeting a potential issue arose. This is the explanation she has given me and she is probably just repeating what she was told. She is 26 and at the time of her birth her mother wasn't married to her father. Apparently, the NSO wouldn't allow an unwed mother to put her name as the parent on her birth certificate. Her grandparents are listed as the parents, as they were married at the time. The reason doesn't concern me, whether it was religious or an actual rule/law. The immigration attorney said this may be a problem. Every other possible document that she has including baptismal certificate, school records, indicate the grandparents as her parents. So my fiance has consulted an attorney in the Phils (recommended by a trusted friend) to explore changing the birth certificate. The attorney told her it would probably take ten months and cost around 2000.00 US. We would also have to do 2 DNA tests to prove that Carla's mother is her actual mother. This is going to cost an additional 1000.00. According to my fiance, this was fairly common in the Phils at the time and the rules have since changed.

Has anyone here experienced this? Should we bother changing the birth certificate? If we do pursue changing it, 10 months is ridiculous! We don't want to add 10 months to what already seems like an eternity to obtain a K-1 visa. Does any one know of a shortcut to change the birth certificate? Does anyone know a trusted lawyer in the Manila area that may be able to cut this time down to 2-3 months? Is there any way to pay a "fee" to expedite the process? I should also add that both grandparents are deceased. It's as though there would be no way to prove that they aren't her parents.

Thanks in advance! I hope everyone here gets to be with their loved one's as soon as possible!!

Edited August 23, 2013 by Stormyfour20

[Pitaya 2,580]

~Moved from K-1 Process to Phil. regional forum~

~Inquiry is Phil.-specific~

[Hank_ 9,174]

NSO doesn't care wed or unwed.... the list is long and varied on this forum.

But my question is why are you concerned with changing the BC? Are you wanting to bring her parents to the USA eventually?

[Jon and Gay 3]

I'll go with what is her present documents say, put grandparents as her parents in document. This usually happens because Filipino are conservative, so grandparents became mothers and fathers in legal document for children not to be illegitimate. If all documents are consistent then why change? The attorneys need money. (Joke) there will only be a problem if your fiancé decided to get her parents and bring to US after. I've known some people who threat their grandparents as parents, in papers and actual situation and they don't have problem about it.

[Stormyfour20 0]

Only because the US immigration attorney said something about it. The "parents" are listed as ages 41 (mother) and 61 (father). We do understand the concern if her mother wants to come here, but Carla doesn't seem concerned about it. I imagine her logic is that US dollars go a lot further in the Phils than they do here, so us sending her $$$ would be much more effective if her mom stayed there.

I'm leaning towards just send in the petition as is... I just don't want to get any grief from the US officials. Thanks for the responses.

Edited August 23, 2013 by Stormyfour20

[Stormyfour20 0]

P.S. She did spend ages 1-15 living with her Grandmother...

[Shiobhan 235]

Leave well alone...a 41 yr old can be her mom, the woman raised her anyways

that's like opening an hornets nest legally & financially. Petition her as is ..

She can petition them as her parents , then they petition birth mom (their child)

or she petition birth mom as sister if G/parents pass,..just pass this pertinent info

down to her kids who is who , she petitioning them is a long way off...Let it be

[Stormyfour20 0]

Thanks Jihana. You're making us feel a whole lot better! It does seem like we'd be stirring the hornet's nest for no reason.

[sunandmoon 450]

is the only issue the US Immigration Attorney brought up was her later trying to petition her mom if she becomes US Citizen? if so, if you continue as is I don't think there would be any material misrepresentation for immigration purposes. if she later changed her mind and wanted to petition her mom, that might stir up the hornet's nest.

[Stormyfour20 0]

Sunandmoon, it was more proving that her parents are her parents. Not really sure why the attorney said this... Honestly, we haven't been overly impressed w/attorney. This comment from the attorney may have sent us in a tail-spin for no real reason. Thanks for the comment!

[Hank_ 9,174]

Attorneys and the bottom of the ocean... a good mix.

On the more serious note, if there is no intent to bring her parents to the USA one day, let sleeping dogs lie.... the birth certificate will get the job done as is.

[Stormyfour20 0]

Thanks Hank. Very reassuring to hear the vote of confidence. Yeah, not so hot on lawyers at the moment.