Question about fiance interview and K2 visa for her child

[Gordon and Leizel 0]

I have petitioned for my fiance who resides in the Philippines to obtain a K1 visa and we just received our NOA2 on our I-129 petition. Her child was included on the petition to travel with her to US on K2 visa. The father of my fiance's child is a non-Filipino and she was never married to him. However, the father's name is on the child's birth certificate and in addition the child is using the father's surname. My understanding of Family Law in the Philippines is that she is the custodial parent in this situation and can exercise full parental authority regarding any decisions for the child. From what I have read, the main thing they will look for in the interview is proof that my fiance is really the child's mom since her child's last name is different than hers on their passports. This can be proven by the child's birth certificate which also bears my fiance's name as it exists on her passport.

Here is the potential problem. The child's full name is 4 names. For example: "Mark Anthony Brown Smith". On the petition it is: "Mark Anthony Smith". "Brown" is really the child's middle name but it got dropped in filling out the petition and the second part of the first name is listed as the middle name.

My questions are:

1) Is this going to be a problem during the interview when they compare the child's name on the birth certificate to the petition?

2) Would it be better to be more proactive in trying to get the petition corrected or just wait until my fiance goes in for the interview? The I-134 affidavit of support my fiance will take to the interview will have the child's correct full name.

3) If it would be better to make a correction before the interview, how would we go about doing that now that the petition has been approved and is on the way to NVC?

Can anyone provide any guidance for this situation?

Thanks in advance.

GC

[clairegie 265]

If your petition is at NVC, try calling them to inquire if you can correct it or if you have to wait until the interview.

[Ana88 6]

I'm sure its fine, as first and last name are correct. My son also has four names on birth cert but we have only ever used first, second and last on every document including passports etc.

[Darnell 8,478]

the child will fill out a DS-160 for the K-2 visa. the names are captured again.

Edited November 12, 2014 by Darnell

[Gordon and Leizel 0]

Thanks for all your replies. I was just concerned about the mismatch on name between birth certificate and petition and that it might open up doors to additional questions and scrutiny.

[Hank_ 9,173]

I have petitioned for my fiance who resides in the Philippines to obtain a K1 visa and we just received our NOA2 on our I-129 petition. Her child was included on the petition to travel with her to US on K2 visa. The father of my fiance's child is a non-Filipino and she was never married to him. However, the father's name is on the child's birth certificate and in addition the child is using the father's surname. My understanding of Family Law in the Philippines is that she is the custodial parent in this situation and can exercise full parental authority regarding any decisions for the child. From what I have read, the main thing they will look for in the interview is proof that my fiance is really the child's mom since her child's last name is different than hers on their passports. This can be proven by the child's birth certificate which also bears my fiance's name as it exists on her passport.

Here is the potential problem. The child's full name is 4 names. For example: "Mark Anthony Brown Smith". On the petition it is: "Mark Anthony Smith". "Brown" is really the child's middle name but it got dropped in filling out the petition and the second part of the first name is listed as the middle name.

My questions are:

1) Is this going to be a problem during the interview when they compare the child's name on the birth certificate to the petition?

2) Would it be better to be more proactive in trying to get the petition corrected or just wait until my fiance goes in for the interview? The I-134 affidavit of support my fiance will take to the interview will have the child's correct full name.

3) If it would be better to make a correction before the interview, how would we go about doing that now that the petition has been approved and is on the way to NVC?

Can anyone provide any guidance for this situation?

Thanks in advance.

GC

The mother does have sole custody of the child in the Philippines, unless there are documents stating otherwise (which is as rare as hens teeth.)

As for the name, there are only so many characters available in the computer program/forms, as long as you completed the I-129F correctly (Embassy will have the case file from USCIS during the interview). Then make sure all forms are completed correctly for the visa application at the embassy during the interview it would be good to make mention of this, so there are no issues with the visa itself.

Pop over to the Philippines forum and say HI: http://www.visajourney.com/forums/forum/129-philippines/

[Ana88 6]

No, should be no problem. My son has his father's surname and we were not married. Also I do presume you have researched all avenues of permission to take child. It varies country to country so I don't know how it works but if you haven't just double check everything as if its need and not gotten no k2 will be issued. For example I had to get letter from father stating permission even though I have all rights and sole custody of child, and if I didn't know/have contact with father I would have had to get the courts to give me permission to take child. But as I said different for every country.

Edited November 12, 2014 by Ana88

[Gordon and Leizel 0]

No, should be no problem. My son has his father's surname and we were not married. Also I do presume you have researched all avenues of permission to take child. It varies country to country so I don't know how it works but if you haven't just double check everything as if its need and not gotten no k2 will be issued. For example I had to get letter from father stating permission even though I have all rights and sole custody of child, and if I didn't know/have contact with father I would have had to get the courts to give me permission to take child. But as I said different for every country.

Everything I have read as far as the Family Code of the Philippines is concerned for this situation is that permission is not required from the father for the child to travel out of the country with her. The father has no special arrangement through court documents that would prevent this. The only thing I have found regarding additional scrutiny is when the mother's surname does not match the child's surname which belongs to the father on their passports. They will want additional proof that my fiance really is the mother of the child which is required for the child to travel. The mother is free to travel with the child whereas the father would need permission from the mother to travel with the child. The evidence that links my fiance to her child will be on the child's birth certificate where my fiance's name is listed with her maiden surname.

Edited November 12, 2014 by gcully