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Zenniwa

K-2 child taking my sir name?

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I hope the group doesn't mind this question, but I am seeking a little guidance. I have tried finding this information myself via Internet research, but with no success. Thank you in advance!

My fiance and I are still processing our K-1/K-2 Visas. If all goes well, I hope to bring her and her daughter (age 4) to the states early next year. I am unsure of the laws in both the Philippines and US regarding adopting a child. I would like to be able to give her my last name. My fiance and the father have never been married so the child was illgitimate according to filipino law. My fiance's daughter also has the sir name of the father. 

My question is, will I have to go through an adoption process to offer the child my last name? Even though the mother has all the control due to lack of marriage (i.e. filipino family law), will I require the father's permission to change her last name and/or adopt her? Is any of this altered if her mother become's a naturalized US citizen? If we do need his permission, is a notarized (or perhaps just signed) document sufficient or does he have to execute a process of some sort in the philippines?

I truly appreciate any advice you can offer!

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Filed: Citizen (apr) Country: Taiwan
Timeline

Immigration and adoption together are complicated issues. Not a DIY case......You need an experienced international adoption attorney.

"The US immigration process requires a great deal of knowledge, planning, time, patience, and a significant amount of money.  It is quite a journey!"

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December 14, 2022: Combo Interview for I-751 and N-400 Conducted.

January 26, 2023: Wife's Oath Ceremony completed at the Plano Event Center, Plano, Texas!!!😁

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In summary, it took 13 months for approval of the CR-1.  It took 44 months for approval of the I-751.  It took 4 months for approval of the N-400.   It took 172 days from N-400 application to Oath Ceremony.   It took 6 weeks for Passport, then 7 additional weeks for return of wife's Naturalization Certificate.. 
 

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Filed: AOS (apr) Country: Canada
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immigrate first, make sure the marriage is solid (several years), THEN worry about possible adoption

i 485, 130, EAD and AP

04/09/2019    NOA1 received/check cashed i 485 and 130 (direct adjustment)

11/7/2019      Interview- Norfolk

11/10/2019    APPROVED (notification rec'd 11/10, approval dated 11/8)

DONE FOR TWO YEARS!!! ;)

 

Filed everything ourselves with no RFE's or delays.

 

CR1 for Child under 21 (20 at time of filing)- Filed by LPR Spouse for his son

4/4/20     Mailed packet

4/12/20   NOA1 rec'd

10/14/21 (havent heard anything... when do i start to get worried?)

9/15/22 APPROVED! Now to wait for NVC and interview....

 

ROC

10/14/21 Mailed to AZ PO Box. Let the waiting begin. Again.

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Filed: AOS (pnd) Country: El Salvador
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2 hours ago, missileman said:

Not a DIY case......You need an experienced international adoption attorney.

2 hours ago, debbiedoo said:

THEN worry about possible adoption

^^^These posts 100%. For example, if you have to legally serve the child's biological father it has to be through the Hague Convention: https://www.americanbar.org/newsletter/publications/gp_solo_magazine_home/gp_solo_magazine_index/oct99bur.html. That is just 1 of many potential speed bumps.

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Filed: Timeline

If you want to change the child's last name, you will need a court order.  Either in the Philippines or the US.  Probably easier in the US after she immigrates rather than in the PI.

 

With an step-parent adoption, you will need to notify the father since his parental rights are being terminated so you can be her legal father.  It doesn't matter if he is not listed on the BC.  Your fiancee knows who the father is.  If you want to adopt, you must terminate his parent rights and that requires notifying him.  No court would let you adopt without notifying the father that his rights are being terminated. 

 

Since this is a step-parent adoption, you do not have to adhere to the Hague Convention.

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Filed: AOS (pnd) Country: El Salvador
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1 hour ago, Jojo92122 said:

Since this is a step-parent adoption, you do not have to adhere to the Hague Convention.

Oops I should have clarified; I was NOT referring to the Hague Convention on the Protection of Children and Co-operation in Respect of Intercountry Adoption: https://travel.state.gov/content/travel/en/Intercountry-Adoption/Adoption-Process/understanding-the-hague-convention.html

IDK where OP will reside in the US but lets say California for illustrative purposes. In this example, OP will have to legally serve the birth father, as per http://www.courts.ca.gov/selfhelp-adoption.htm. But the birth father will most likely be outside US jurisdiction at that time. Thus the following will apply, http://www.courts.ca.gov/selfhelp-serving.htm#hague:

Quote

Service on someone who lives out of the country

If you need to serve someone who is not in the United States, you may have to use the process set out under the Hague Convention. For example, if you are filing for divorce and your spouse is living in Mexico, you will have to use the Hague Convention to serve him with divorce papers. The process is complicated. Your court's family law facilitator or self-help center may be able to help you. Or talk to a lawyer. Click for help finding a lawyer

Edited by TM92

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Filed: AOS (pnd) Country: El Salvador
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3 hours ago, TM92 said:

For example, if you have to legally serve the child's biological father it has to be through the Hague Convention: https://www.americanbar.org/newsletter/publications/gp_solo_magazine_home/gp_solo_magazine_index/oct99bur.html.

And to throw a monkey wrench in the works, the Philippines is not a party to the Convention on the Service Abroad of Judicial and Extrajudicial Documents in Civil or Commercial Matters: https://en.wikipedia.org/wiki/Hague_Service_Convention#State_parties

Edited by TM92

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Filed: Timeline
20 hours ago, Zenniwa said:

I hope the group doesn't mind this question, but I am seeking a little guidance. I have tried finding this information myself via Internet research, but with no success. Thank you in advance!

My fiance and I are still processing our K-1/K-2 Visas. If all goes well, I hope to bring her and her daughter (age 4) to the states early next year. I am unsure of the laws in both the Philippines and US regarding adopting a child. I would like to be able to give her my last name. My fiance and the father have never been married so the child was illgitimate according to filipino law. My fiance's daughter also has the sir name of the father. 

My question is, will I have to go through an adoption process to offer the child my last name? Even though the mother has all the control due to lack of marriage (i.e. filipino family law), will I require the father's permission to change her last name and/or adopt her? Is any of this altered if her mother become's a naturalized US citizen? If we do need his permission, is a notarized (or perhaps just signed) document sufficient or does he have to execute a process of some sort in the philippines?

I truly appreciate any advice you can offer!

 

Its not as complicated as others have posted.

 

First- you asked about 2 different things. A name change and adoption. For the name change you will not be allowed to change the childs last name to yours upon marriage. While the laws allow for anyone to request a name change it has to be approved by the court. Courts will not approve you as the step father to give your last name to the child with out you adopting her. They view it as you getting a benefit (everyone having the same last name) with out you taking on any legal responsibility for the child.If you want her to have your last name you have to be legally responsible for her.

 

(You can look into the mother changing the childs name in the PI before she comes. If it is possible for her to do so you have to see how long it will take and make sure it can be done before the visas are issued so the new name is on the visa)

 

If she can not change the name in the PI or its too complicated or just not the path you wish to take and/or you still want to adopt the child you will do it in the US since you your wife and child will be CA residents.

 

Its called step-parent adoption. Laws vary. In CA in order for you to adopt the child you need the other parents consent. In this case the fathers. I understand there is no name on the birth certificate and the laws about illegitimate children there. This doesnt matter to the CA court. Like posted they will want to know who the father is. If you say unknown (and swear under oath you have no idea) they will do "research" to try to find the father including contacting potential fathers. However your post indicates you know who the father is (hes just not on the birth certificate). So you will not be able to state father unknown.

 

The court has specific processes for notifying the other parent. (dont be intimidated by phrasing like hauge convention) Its not a very difficult process to serve the father notice. Its just a very specific procedure. If the father signs off on it you are good to go. If he doesnt respond the court can terminate the father rights. The fathers rights must be terminated for you to adopt.

 

You can look into adopting the child in the PI before they move/ visas issued however that WILL be complicated. That would be an international adoption and no more k2. Because you already have the k process going youre better off sticking with the k2 process for the child and doing an adoption in the US. Your wife immigration status has no impact on the adoption process.

 

Here are some links to help you get started-

https://apeopleschoice.com/california-adoption/stepparent-adoption/

https://law.justia.com/codes/california/2009/fam/7660-7670.html

http://www.courts.ca.gov/selfhelp-adoption.htm

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Filed: AOS (pnd) Country: El Salvador
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1 hour ago, Damara said:

you still want to adopt the child you will do it in the US since you your wife and child will be CA residents

I just want to reiterate for future posters: California was used for illustrative purposes

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Filed: Citizen (apr) Country: Canada
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~~Moved to the Regional forum, from Effect of Major Family Changes - As the OP is asking about name changes and adoption. As the PI gives unmarried mothers sole custody and the fathers have no parental rights. This discussion is best handled with members familiar with both countries.~~

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This was discussed heavily in a prior post from 2 years ago and holds true today. The advice that is being given here is not currently reflective of the requirements for the Philippines law nor for USCIS/immigration.

 

http://www.visajourney.com/forums/topic/531798-adopting-niece-from-philippines/>

 

No problem adopting your nieces, what you are doing is not that uncommon in the Philippines.

http://www.dswd.gov.ph/programs/adoption-and-foster-care/

But the adoption process must be completed BEFORE do the visa process.

https://ph.usembassy.gov/u-s-citizen-services/adoption/

 

From <http://www.visajourney.com/forums/topic/611759-adopting-a-niece-from-the-pi/>

 

What does USEM say about adoptions http://www.visajourney.com/forums/topic/611759-adopting-a-niece-from-the-pi/?page=1

 

 

 

Edited by Greenbaum
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Adjustment of Status

AOS March 5, 2014 Submitted AOS with EAD/AP package to Chicago USICS

Delivered March 8, 2014 AOS packaged delivered to USCIS drop box

Accepted March 19, 2014 Text message with receipt numbers

Biometrics April 16, 2014 Biometrics completed

EAD May 23, 2014 Employment Authorization Document approved and went to card production

TD May 23, 2014 Travel Document approved and went for card production

Receipt EAD/AP May 30, 2014 Received combo card EAD/AP

Green Card Approved July 11, 2014 Approved, no interview. Went to card production.

Green Card received July 17, 2014 GC received without interview

Removal of Conditions

Mailed I-751 Dec 16, 2015 Submitted ROC (removal of conditions)

Received Dec 18, 2015 USPS notification of successful delivery

Check Cashed Dec 21, 2015 Check was cashed

NOA-1 Issued Dec 21, 2015 NOA-1 for ROC issued

NOA-1 Issued Dec 26, 2015 NOA-1 Received

Biometrics Appt. Jan 29, 2016 Biometrics Appointment Scheduled [Completed]

 

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Filed: Other Country: Philippines
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On 8/11/2018 at 12:27 PM, Zenniwa said:

I hope the group doesn't mind this question, but I am seeking a little guidance. I have tried finding this information myself via Internet research, but with no success. Thank you in advance!

My fiance and I are still processing our K-1/K-2 Visas. If all goes well, I hope to bring her and her daughter (age 4) to the states early next year. I am unsure of the laws in both the Philippines and US regarding adopting a child. I would like to be able to give her my last name. My fiance and the father have never been married so the child was illgitimate according to filipino law. My fiance's daughter also has the sir name of the father. 

My question is, will I have to go through an adoption process to offer the child my last name? Even though the mother has all the control due to lack of marriage (i.e. filipino family law), will I require the father's permission to change her last name and/or adopt her? Is any of this altered if her mother become's a naturalized US citizen? If we do need his permission, is a notarized (or perhaps just signed) document sufficient or does he have to execute a process of some sort in the philippines?

I truly appreciate any advice you can offer!

Look at adopting the child AFTER they have completed the visa process and are in the USA, at that time you will need to follow the laws of the state where you reside.

Hank

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What is everyone's take on Acquiring U.S. Citizenship for your Child after adoption in the US. Per this link, it suggested that it is immediate. So after a step parent adopts a LPR step-child in the US and then becomes your child, the child becomes a US citizen right away? Just file N-600 to obtain certificate of citizenship? Acquiring U.S. Citizenship for your Child

Edited by BlueDevil1442
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