planning to petition my fiancee with a litte problem

[triggerman0418 0]

hello guys ,

I need some advice. This is my story I met my fiancée through facebook and exactly knew each other for 10 months now. She was 3 months pregnant when I started chatting with her. Her ex boyfriend abandon her. I decided to visit her in the Philippines last year September and went back again at November. To make the story short we both fall inlove and when she delivered the baby last February this year I flew to the Philippines and we both decided to use my last name for the baby even though I am not the biological father.

Now , my question is since I am planning to petition her for fiancée visa but we are not planning to accompany the baby yet maybe when she is 5 years old and there is a portion in form 129 to write it down if she has a kid and unfortunately her baby is under my name would it affect my petition or do the consulate ask for a DNA test? I do need you opinion what I am suppose to do???

[zorus40k 21]

but we are not planning to accompany the baby yet maybe when she is 5 years old and there is a portion in form 129 to write it down if she has a kid and unfortunately her baby is under my name would it affect my petition or do the consulate ask for a DNA test? I do need you opinion what I am suppose to do???

also DNA test for paternity might be needed to determine legal status of the baby if you're on birth certificate but at the same time you're not biological father.

it'd be logical to just file K1/K2 to avoid complications in future

Edited May 21, 2016 by Ryan H
Reason for edit: To remove judgemental comment

[Harpa Timsah 13,263]

They definitely do DNA tests because PI is full of this kind of deception. It is extremely foolish to give your last name to a child that is not yours and that you have not adopted.

Edited May 21, 2016 by Harpa Timsah

[Illiria 980]

Have the birth certificate corrected. This is not a little problem, it's pretty major and could lead to a lifetime ban if they decide she is materially misrepresenting.

American citizens are not eligible for visa so the consulate first has to determine a child that is potentially a citizen is a citizen or not, this consulate does do DNA testing.

If you apply for the child they will most likely insist on processing a consular report of birth abroad for the child and most likely do DNA and as it will come back as not a match you fiancée can be done for misrepresentation for trying to either get he child registered as a citizen when there is no right as it isn't your child and she knows it (in doing this process she is presenting the child as yours when it is not) or if they process the visa and find out the information in the birth certificate is false

does it say on the birth certificate that she has your last name or that you are married as this will also mess up her fiancée visa. As you have to list all children on the fiancée visa application documents then they can ask for the birth certificate during her fiancée visa interview and if anything makes it look like she might be married she will be denied, too married for a fiancée visa but not married enough for a spousal visa.

Edited May 21, 2016 by Illiria

[Hank_ 9,174]

hello guys ,

I need some advice. This is my story I met my fiancée through facebook and exactly knew each other for 10 months now. She was 3 months pregnant when I started chatting with her. Her ex boyfriend abandon her. I decided to visit her in the Philippines last year September and went back again at November. To make the story short we both fall inlove and when she delivered the baby last February this year I flew to the Philippines and we both decided to use my last name for the baby even though I am not the biological father.

Now , my question is since I am planning to petition her for fiancée visa but we are not planning to accompany the baby yet maybe when she is 5 years old and there is a portion in form 129 to write it down if she has a kid and unfortunately her baby is under my name would it affect my petition or do the consulate ask for a DNA test? I do need you opinion what I am suppose to do???

I have to join the bandwagon that - You opened a can of worms by putting your name on the BC ... extremely BAD idea. Best idea is to get it corrected.

Others have done this and the grief it caused later was almost endless.

Your fiance will have to start at the local register where the BC was originally filed to get the BC corrected, and don't be surprised if it ends up you need an attorney during this process as it is not a simple name correction.

Philippines forum: http://www.visajourney.com/forums/forum/129-philippines/

Edited May 21, 2016 by Hank_

[Ryan H 3,926]

***Moved from K1 Process & Procedures to Philippines regional forum; issues in this thread are country specific. Additionally, one post that was judgemental in nature removed and another post edited to remove judgemental comments. Either post constructively or do not post, additional actions will be taken as appropriate for failure to post constructively.***

[minions2 24]

do they require DNA when you do CRBA?

[aaron2020 11,652]

What made you guys think you could give the baby your last name? Horrible idea. Philippine laws allows a born-out-of-wedlock child to use the biological father's name. It doesn't allow the baby to use the last name of an unrelated person. By using your last name, you stated that you were the biological father. You need to fix this by amending the birth certificate and give the child the mother's last name.

Yeah, the US Embassy is going to want a DNA test when you petition for "your" child. A non-match is going to cause lots of problems.

Once the child is in the US, you can legally adopt and change the child's last name to match your last name.

Edited May 28, 2016 by aaron2020