MOTHER AND DAUGHTER JOINT PETITION

[jarj 13]

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 October 29, 2018 by jarj

[mcdull 474]

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 October 29, 2018 by mcdull

[Boiler 43,425]

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.

[Boiler 43,425]

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.

[jarj 13]

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.)

[jarj 13]

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. 

[Boiler 43,425]

How old is she.

 

Presumably she was mentioned on your naturalisation paperwork.

[jarj 13]

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. 

[Dashinka 23,234]

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?

[jarj 13]

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. 

[geowrian 22,335]

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.

[Boiler 43,425]

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

[Dashinka 23,234]

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?

[jarj 13]

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

[jarj 13]

Can I start processing the petition for my mom and daughter while my husband's ROC is still pending and will be applying for citizenship by end of December.