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Hi, 

I am a US citizen and I would like to petition my mom and my daughter. 

My situation is a little bit complicated.

 

I am US citizen and married. My daughter is in the Philippines. She is currently using my maiden name (i am separated from his father and the father's name is not on the birth certificate). She was born after I became US citizen. We would like to change her surname into my married name. Shall we change it while she is in the Philippines or shall we use my maiden name?!

 

Please advise!

Edited by jarj

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10 minutes ago, jarj said:

Hi, 

I am a US citizen and I would like to petition my mom and my daughter. 

My situation is a little bit complicated.

 

 I am US citizen and married. My daughter is in the Philippines. She is currently using my maiden name (i am separated from his father and the father's name is not on the birth certificate). She was born after I became US citizen. We would like to change her surname into my married name. Shall we change it while she is in the Philippines or shall we use my maiden name?!

  

Please advise!

most likely, your daughter is already a US citizen. You can apply for a US passport for her.

Doesn't matter where you change the name.

Edited by mcdull

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It is not a joint petition, no such thing, you can file for them at the same time.

 

I have no knowledge of how you change names in PI so will leave that to others.


“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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Just now, mcdull said:

your daughter is already a US citizen. You can apply for a US passport for her.

Doesn't matter where you change the name.

Birth Abroad in Wedlock to a U.S. Citizen and an Alien

A person born abroad in wedlock to a U.S. citizen and an alien acquires U.S. citizenship at birth if the U.S. citizen parent has been physically present in the United States or one of its outlying possessions prior to the person’s birth for the period required by the statute in effect when the person was born (INA 301(g), formerly INA 301(a)(7).) For birth on or after November 14, 1986, the U.S. citizen parent must have been physically present in the United States or one of its outlying possessions for five years prior to the person’s birth, at least two of which were after the age of fourteen. For birth between December 24, 1952 and November 13, 1986, the U.S. citizen parent must have been physically present in the United States or one of its outlying possessions for 10 years prior to the person’s birth, at least five of which were after the age of 14 for the person to acquire U.S. citizenship at birth. The U.S. citizen parent must be the genetic or the gestational parent and the legal parent of the child under local law at the time and place of the child’s birth to transmit U.S. citizenship.


“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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2 minutes ago, mcdull said:

most likely, your daughter is already a US citizen. You can apply for a US passport for her.

Doesn't matter where you change the name.

Thank you. My concern is which would be easier. If I petition her using my married name or if I petition her using my maiden name. (And of course it would be more expensive here in the US.)

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4 minutes ago, Boiler said:

Birth Abroad in Wedlock to a U.S. Citizen and an Alien

A person born abroad in wedlock to a U.S. citizen and an alien acquires U.S. citizenship at birth if the U.S. citizen parent has been physically present in the United States or one of its outlying possessions prior to the person’s birth for the period required by the statute in effect when the person was born (INA 301(g), formerly INA 301(a)(7).) For birth on or after November 14, 1986, the U.S. citizen parent must have been physically present in the United States or one of its outlying possessions for five years prior to the person’s birth, at least two of which were after the age of fourteen. For birth between December 24, 1952 and November 13, 1986, the U.S. citizen parent must have been physically present in the United States or one of its outlying possessions for 10 years prior to the person’s birth, at least five of which were after the age of 14 for the person to acquire U.S. citizenship at birth. The U.S. citizen parent must be the genetic or the gestational parent and the legal parent of the child under local law at the time and place of the child’s birth to transmit U.S. citizenship.

I became US citizen 2-3 years after she was born. 

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How old is she.

 

Presumably she was mentioned on your naturalisation paperwork.


“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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3 minutes ago, Boiler said:

How old is she.

 

Presumably she was mentioned on your naturalisation paperwork.

She is 11. I was really young when I had her. (please no judging). She is still a minor. I was minor when I was petitioned by my father that is why i became a US Citizen. 

 

I am sure my dad did not include my daughter's name when he petitioned me. 

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1 minute ago, jarj said:

She is 11. I was really young when I had her. (please no judging). She is still a minor. I was minor when I was petitioned by my father that is why i became a US Citizen. 

 

I am sure my dad did not include my daughter's name when he petitioned me. 

So your father petitioned you to come here with a visa?  When did you apply for citizenship?  Did you put your daughter's name on your naturalization documents?


Visa Received : 2014-04-04 (K1 - see timeline for details)

US Entry : 2014-09-12

POE: Detroit

Marriage : 2014-09-27

I-765 Approved: 2015-01-09

I-485 Interview: 2015-03-11

I-485 Approved: 2015-03-13

Green Card Received: 2015-03-24 Yeah!!!

I-751 ROC Submitted: 2016-12-20

I-751 NOA Received:  2016-12-29

I-751 Biometrics Appt.:  2017-01-26

I-751 Interview:  2018-04-10

I-751 Approved:  2018-05-04

N400 Filed:  2018-01-13

N400 Biometrics:  2018-02-22

N400 Interview:  2018-04-10

N400 Approved:  2018-04-10

Oath Ceremony:  2018-06-11 - DONE!!!!!!!

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1 minute ago, Bill & Katya said:

So your father petitioned you to come here with a visa?  When did you apply for citizenship?  Did you put your daughter's name on your naturalization documents?

i did not go through any visa. i was able to acquire his citizenship. 

I don't remember this was asked "daughter's name on your naturalization documents?" on any form.  :(

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You petition for each separately.

You petition using your current name. If this differs from the name in your evidence of citizenship, you need to show evidence of the legal name change.

 

When you get to the Affidavit of Support (I-864) the child (at NVC), you would use an I-864W for her since she should become a USC upon entry on the visa.


Timelines:

Spoiler

AOS (I-485 + I-131 + I-765):

9/25/17: sent forms to Chicago

9/27/17: received by USCIS

10/4/17: NOA1 electronic notification received

10/10/17: NOA1 hard copy received. Social Security card being issued in married name (3rd attempt!)

10/14/17: Biometrics appointment notice received

10/25/17: Biometrics

1/2/18: EAD + AP approved (no website update)

1/5/18: EAD + AP mailed

1/8/18: EAD + AP approval notice hardcopies received

1/10/18: EAD + AP received

9/5/18: Interview scheduled notice

10/17/18: Interview

10/17/18: Approved

10/24/18: Green card produced

10/31/18: Green card received

 

K-1:

Spoiler

I-129F

12/1/17: sent

12/14/17: NOA1 hard copy received

3/10/17: RFE (IMB verification)

3/22/17: RFE response received

3/24/17: Approved!

3/30/17: NOA2 hard copy received

 

NVC

4/6/2017: Received

4/12/2017: Sent to Riyadh embassy

4/16/2017: Case received at Riyadh embassy

4/21/2017: Request case transfer to Manila, approved 4/24/2017

 

K-1

5/1/2017: Case received by Manila (1 week embassy transfer??? Lucky~)

7/13/2017: Interview: APPROVED!!!

7/19/2017: Visa in hand

8/15/2017: POE

 

 

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If you were a US Citizen due to your father then it would have been from birth.


“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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2 minutes ago, jarj said:

i did not go through any visa. i was able to acquire his citizenship. 

I don't remember this was asked "daughter's name on your naturalization documents?" on any form.  :(

So is your father a USC?


Visa Received : 2014-04-04 (K1 - see timeline for details)

US Entry : 2014-09-12

POE: Detroit

Marriage : 2014-09-27

I-765 Approved: 2015-01-09

I-485 Interview: 2015-03-11

I-485 Approved: 2015-03-13

Green Card Received: 2015-03-24 Yeah!!!

I-751 ROC Submitted: 2016-12-20

I-751 NOA Received:  2016-12-29

I-751 Biometrics Appt.:  2017-01-26

I-751 Interview:  2018-04-10

I-751 Approved:  2018-05-04

N400 Filed:  2018-01-13

N400 Biometrics:  2018-02-22

N400 Interview:  2018-04-10

N400 Approved:  2018-04-10

Oath Ceremony:  2018-06-11 - DONE!!!!!!!

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2 minutes ago, geowrian said:

You petition for each separately.

You petition using your current name. If this differs from the name in your evidence of citizenship, you need to show evidence of the legal name change.

 

When you get to the Affidavit of Support (I-864) the child (at NVC), you would use an I-864W for her since she should become a USC upon entry on the visa.

Will do. Good thing I have evidence of all the legal name changes. 

1 minute ago, Bill & Katya said:

So is your father a USC?

yes

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