Dual Citizenship for Children (complicated)

[BB Family 299]

Need advice on getting dual citizenship for my children. But its very complicated and ill explain as best i can so perhaps yall can give the best advice. The first issue is i am divorced from their mother and i have full custody. Before our marriage, my ex wife had been adopted in the philippines by a US citizen. But was to old for the adoption to be given citizenship or dependent visa. She came over on a b2 and never left. The b2 was in her birth name (not her adopted name). So she continued to use her birth name. When we got married she dropped her maiden last name and took my last name. She recieved her greencard with no issues despite overstaying on her b2 visa and being denied a greencard based on her adoption. On our first childs birth certificate her name was her birth name (not adopted). Her passport was about to expire so when we went to the embassy to get a new one. It was shown that her adoption had gone through and her birth certificate was now recorded with her adopted name. So they issued the new passport in the adopted name. But did not use my last name as we got married in colorado and the Embassy in washington didnt have the jurisdiction to issue a report of marriage for colorado. So at this point she has used three names. Birth Name, Birth name with my last name, and Adopted name. However she still used her birth name when our 2nd child was born. Then we filed her US citizenship, and through the process they wouldnt except her birth name or married name as it wasnt her legal name since she was adopted. So they issued her naturalization with her Adopted name and my last name. We then went overseas and had our third child in korea. On his report of birth abroad certificate her name is her adopted name with my last name. three years after, we divorced. i have full custody of the children. One was born in colorado (also where we were married), one was born in South Carolina, and the third born in South Korea at a military base. So i need advice on how to get their dual citizenship with the issues being i am now divorced, two born in different states, one born in different country, and her having 4 different names on the various documents (Passports, birth certificates).  We never filed a report or marriage with the consulate or embassy. I hope ive given enough information and hope you all are able to give me the best advice to get their dual citizenship. Thank you all. 

Edited April 5, 2020 by BB Family

[Hank_ 9,173]

49 minutes ago, BB Family said:

Need advice on getting dual citizenship for my children. But its very complicated and ill explain as best i can so perhaps yall can give the best advice. The first issue is i am divorced from their mother and i have full custody. Before our marriage, my ex wife had been adopted in the philippines by a US citizen. But was to old for the adoption to be given citizenship or dependent visa. She came over on a b2 and never left. The b2 was in her birth name (not her adopted name). So she continued to use her birth name. When we got married she dropped her maiden last name and took my last name. She recieved her greencard with no issues despite overstaying on her b2 visa and being denied a greencard based on her adoption. On our first childs birth certificate her name was her birth name (not adopted). Her passport was about to expire so when we went to the embassy to get a new one. It was shown that her adoption had gone through and her birth certificate was now recorded with her adopted name. So they issued the new passport in the adopted name. But did not use my last name as we got married in colorado and the Embassy in washington didnt have the jurisdiction to issue a report of marriage for colorado. So at this point she has used three names. Birth Name, Birth name with my last name, and Adopted name. However she still used her birth name when our 2nd child was born. Then we filed her US citizenship, and through the process they wouldnt except her birth name or married name as it wasnt her legal name since she was adopted. So they issued her naturalization with her Adopted name and my last name. We then went overseas and had our third child in korea. On his report of birth abroad certificate her name is her adopted name with my last name. three years after, we divorced. i have full custody of the children. One was born in colorado (also where we were married), one was born in South Carolina, and the third born in South Korea at a military base. So i need advice on how to get their dual citizenship with the issues being i am now divorced, two born in different states, one born in different country, and her having 4 different names on the various documents (Passports, birth certificates).  We never filed a report or marriage with the consulate or embassy. I hope ive given enough information and hope you all are able to give me the best advice to get their dual citizenship. Thank you all. 

If you didn't file Report of Marriage, I would gather you didn't file Report of Birth of the children to the Philippine consulate having jurisdiction over the state/country where they were born  <  that is how the dual citizenship is established.    Hope you and your EX are on speaking terms.

 

Requirements listed here >>  https://philippineembassy-usa.org/report-of-birth/

 

https://philippineembassy-usa.org/consulate-finder/

[BB Family 299]

Just now, Hank_ said:

If you didn't file Report of Marriage, I would gather you didn't file Report of Birth of the children to the Philippine consulate having jurisdiction over the state/country where they were born  <  that is how the dual citizenship is established.    Hope you and your EX are on speaking terms.

 

Requirements listed here >>  https://philippineembassy-usa.org/report-of-birth/

 

https://philippineembassy-usa.org/consulate-finder/

No, a report of birth was not filed for any of them. 

[Hank_ 9,173]

Just now, BB Family said:

No, a report of birth was not filed for any of them. 

 

Like said THAT is how you establish Dual Citizenship.

[BB Family 299]

Just now, Hank_ said:

 

Like said THAT is how you establish Dual Citizenship.

Oh yes, i understand that part. However the problem is the names on the birth certificates not matching the "legal" name on her philipppine documents.

[Hank_ 9,173]

17 minutes ago, BB Family said:

Oh yes, i understand that part. However the problem is the names on the birth certificates not matching the "legal" name on her philippine documents.

 

You have copies of the adoption, the marriage and original birth certificate?   You will need to include those documents.   This will become an adventure I think.  

 

Luckily, Report of Birth can be done by mail.

 

All of the consulates are closed .. UNTIL

 

 

 

 

 

Edited April 5, 2020 by Hank_

[BB Family 299]

1 minute ago, Hank_ said:

 

You have copies of the adoption, the marriage and original birth certificate?   You will need to include those documents.   This will become an adventure I think.  

 

Luckily, Report of Birth can be done by mail.

 

All of the consulates are closed .. UNTIL

 

 

 

 

 

Yeah, tracking everything is closed. Just trying to get it all ready to file once everything opens up. I have copies of most of the documents. I have since remarried (also filipina) and we will be filing that report of marriage soon as everything opens. Id just like to get everything straight for my children as well. Im just confused on what to submit since we never had a report of marriage, and since i am also divorced from their mother. Since the list of required documents includes PSA marriage certicate/Report of Marriage certificate. All the afidavits it mentions is if we werent married at the time of birth. It also asks for original and 4 copies of proof of Philippine citizenship at time of birth. I dont have those originals (the mother has them) and they are expired now since she is now a US citizen. Which i just realized complicates things for our third child as she was a US citizen at the time of his birth and had not at the time filed for dual citizenship for herself.. so yes haha, i believe this will be some adventure for sure...

[Hank_ 9,173]

Your EX using her birth name for signing the birth certificates isn't wrong, that is normal for the Philippines if memory serves

[Hank_ 9,173]

1 minute ago, BB Family said:

Yeah, tracking everything is closed. Just trying to get it all ready to file once everything opens up. I have copies of most of the documents. I have since remarried (also filipina) and we will be filing that report of marriage soon as everything opens. Id just like to get everything straight for my children as well. Im just confused on what to submit since we never had a report of marriage, and since i am also divorced from their mother. Since the list of required documents includes PSA marriage certificate/Report of Marriage certificate. All the affidavits it mentions is if we werent married at the time of birth. It also asks for original and 4 copies of proof of Philippine citizenship at time of birth. I dont have those originals (the mother has them) and they are expired now since she is now a US citizen. Which i just realized complicates things for our third child as she was a US citizen at the time of his birth and had not at the time filed for dual citizenship for herself.. so yes haha, i believe this will be some adventure for sure...

Ya, you have a can of worms there for sure.   And you will need your EX's assistance with this.   

 

Is your EX a dual citizen now?   If she is a dual citizen I believe there is a way that the child can obtain her dual citizenship from that.   Again, you need her cooperation.

[BB Family 299]

1 minute ago, Hank_ said:

Your EX using her birth name for signing the birth certificates isn't wrong, that is normal for the Philippines if memory serves

Lol yes also true, however her birth name was not her legal name after she was adopted. And she never went by her adopted name on any documents until after the birth of our first two children when she had to renew her passport and then through the USCIS naturalization process had it put on her naturalization certificate using my last name. Heres an explanation:

Birth name- A B C (Name on 2 birth certificates)

Adopted Name A D E (Middle and last name changed) (also on last Philippine Passport)

Married Name- A B F (Birth name with my last name, kept maiden middle name)

Naturalized Married Name- A D F (Adopted Middle name, my last name) (used on third childs Birth Abroad Certificate)

 

So complicated lol.

 

 

  

[Hank_ 9,173]

Still boils down to needing the EX's cooperation.

[BB Family 299]

Just now, Hank_ said:

Ya, you have a can of worms there for sure.   And you will need your EX's assistance with this.   

 

Is your EX a dual citizen now?   If she is a dual citizen I believe there is a way that the child can obtain her dual citizenship from that.   Again, you need her cooperation.

No, she is not a dual citizen. And i think filing for dual citizenship she would be able to add our third son, but for the first two her name does not match her legal name. And the supporting documents (adoption papers) predate their birth so i dont think it would match a sort of paper trail. 

[Hank_ 9,173]

11 hours ago, BB Family said:

No, she is not a dual citizen. And i think filing for dual citizenship she would be able to add our third son, but for the first two her name does not match her legal name. And the supporting documents (adoption papers) predate their birth so i dont think it would match a sort of paper trail. 

First two were done correctly .. she used her birth name.    (I checked my wife's BC and that is correct for the Philippines)

 

Third she used her adopted name  < this would be correct also as she used her "now legal birth name" from the adoption or did she use her married name with a middle name change?

Edited April 5, 2020 by Hank_

[BB Family 299]

2 minutes ago, Hank_ said:

First two were done correctly .. she used her birth name.    (I checked my wife's BC and that is correct for the Philippines)

 

Third she used her adopted name  < this would be correct also as she used her "now legal birth name" from the adoption or did she use her married name with a middle name change?

So the first two she used her birth name, although her legal name was her adopted name. The third, because he was born overseas, they used the name which was on her US Passport which was her adopted middle name and my last name.

[Hank_ 9,173]

4 minutes ago, BB Family said:

So the first two she used her birth name, although her legal name was her adopted name. The third, because he was born overseas, they used the name which was on her US Passport which was her adopted middle name and my last name.

Thought the adoption wasn't "completed" at that time.

 

You may have a jumbled mess to a degree, but I think you have a paper trail that answers the questions.  Add to that an affidavit of same person (for the names) and I think it will all be good ... except for the 3rd one being she was a USC at that time and not a dual.

 

Now to get documents (originals and copies) ... and like said, I hope you are one speaking terms with the EX.

 

 

Are you wanting the dual citizenship so your children can own land in the Philippines?

Edited April 5, 2020 by Hank_