Inconsistant surname usage.

[top_secret 2,115]

My Filipina fiancé’s birth was late registered when she was 6 years old.  Both of her parents are on her birth certificate but were unmarried at the time so my fiancé was given her mother’s surname.  So, until the age 21 she was known as "first_name mothers_surname".  Then in 2012 she had her birth certificate "legitimated by the subsequent marriage of her parents" and the birth certificate was legally annotated "the child shall be known as first_name mothers_surname fathers _surname".  That all is straightforward up until that point.  However, after her birth certificate was annotated giving her the fathers surname, she continued using her mother’s surname for some things.  Most notably for two passports and all of her foreign travel with me, banking and for her daughter’s birth certificate who will also be on a K2 visa. While using her father’s surname on other things.  No reason.  She was just using whichever surname was most expeditious at the time.

 

So as I see it now, her true legal name is "first_name" "mothers_surname" "fathers_surname" based upon the annotation of her birth certificate in 2012.  However pretty much 100 percent of everything that would be of interest to US Immigration, everything to do with our relationship (shared banking, passport, several tourist visas for other countries and international travel together, and all of our correspondence) is still first_name mothers_surname.  So is her daughter’s birth certificate and her daughter’s actual surname.

 

So, do we file the petition as "first_name" "mothers_surname" with her current passport and the whole mountain of evidence that uses that name and then explain that she simply is not using the annotated surname change on her birth certificate?  Or do we get her a new passport with the annotated surname since it is her "most legal" name and do all of the paperwork with UCIS as the annotated surname, and then explain why that differs from literally just about everything else?

[igoyougoduke 1,614]

that is very messed up. you need all documents to align with names. it does not matter which you want to change. Having 2 different names is a huge RED FLAG.  Get everything aligned. Ideally all names across documents should match the birth certificate.

[SteveInBostonI130 3,328]

You can continue with things as they are, with the birth certificate name as her alias.  Explain the situation on the I-129F form in the additional information section.

 

Or get her passports and other documents re-done with the new name.  You will then list the name she normally used as the alias.  Immigration and the consulate will need both names to do a proper background check.

 

This post might be better served in the Philippines sub-forum.  A few others might have face similar situations there with the registered legitimacy and resulting name changes.

 

[In4theJourney 171]

That is going to take time and $ to fix. No way around it 

[Adventine 3,187]

What an odd situation. Also, the idea of a "most legal" name is a strange concept.

 

Posting to follow, and see what other more experienced posters have to say.

[payxibka 10,044]

13 hours ago, top_secret said:

My Filipina fiancé’s birth was late registered when she was 6 years old.  Both of her parents are on her birth certificate but were unmarried at the time so my fiancé was given her mother’s surname.  So, until the age 21 she was known as "first_name mothers_surname".  Then in 2012 she had her birth certificate "legitimated by the subsequent marriage of her parents" and the birth certificate was legally annotated "the child shall be known as first_name mothers_surname fathers _surname".  That all is straightforward up until that point.  However, after her birth certificate was annotated giving her the fathers surname, she continued using her mother’s surname for some things.  Most notably for two passports and all of her foreign travel with me, banking and for her daughter’s birth certificate who will also be on a K2 visa. While using her father’s surname on other things.  No reason.  She was just using whichever surname was most expeditious at the time.

 

So as I see it now, her true legal name is "first_name" "mothers_surname" "fathers_surname" based upon the annotation of her birth certificate in 2012.  However pretty much 100 percent of everything that would be of interest to US Immigration, everything to do with our relationship (shared banking, passport, several tourist visas for other countries and international travel together, and all of our correspondence) is still first_name mothers_surname.  So is her daughter’s birth certificate and her daughter’s actual surname.

 

So, do we file the petition as "first_name" "mothers_surname" with her current passport and the whole mountain of evidence that uses that name and then explain that she simply is not using the annotated surname change on her birth certificate?  Or do we get her a new passport with the annotated surname since it is her "most legal" name and do all of the paperwork with UCIS as the annotated surname, and then explain why that differs from literally just about everything else?

Quite common in Philippines.   You should apply for everything in her current legal name.  Include her original birth name as an alias or AKA.  

 

I would get a new passport. 

 

For future reference,  post Philippines specific questions in Philippines regional forum 

[Chancy 6,233]

17 hours ago, top_secret said:

So, do we file the petition as "first_name" "mothers_surname" with her current passport and the whole mountain of evidence that uses that name and then explain that she simply is not using the annotated surname change on her birth certificate?  Or do we get her a new passport with the annotated surname since it is her "most legal" name and do all of the paperwork with UCIS as the annotated surname, and then explain why that differs from literally just about everything else?

 

File the I-129F petition using the name on the annotated birth certificate as the beneficiary's name.  List the original name in the section for beneficiary's "Other Names Used".  Add an explanation in the "Additional Information" section.

 

Letter of intent to marry should use the name on the annotated BC.  If you want, add an AKA beside the legal name.  Not an issue if the evidence for meeting has the original name, as long as it's listed as an alias in the I-129F.

 

Get a new passport with the name on the annotated BC.  Ok to apply for passport renewal after the K1 petition is filed, but should be before submitting the DS-160 form.

 

Fill out the DS-160 using the new passport name.  List the original name in the section for "Other Names Used".

 

Apply for NBI clearance with AKA.  Name should match the new passport name, while AKA should list the original name.

 

The embassy in Manila also requires aliases to be listed on the CENOMAR.  This may not be possible through online order.  Fiancee may need to apply at a PSA office to be able to list her original name as an alias on her CENOMAR.

 

https://travel.state.gov/content/travel/en/us-visas/Supplements/Supplements_by_Post/MNL-Manila.html#pre_interview_checklist

 

[payxibka 10,044]

12 hours ago, In4theJourney said:

That is going to take time and $ to fix. No way around it 

Nothing requires "fixing"

[In4theJourney 171]

1 hour ago, payxibka said:

Nothing requires "fixing"

Oh okay

[top_secret 2,115]

8 hours ago, Chancy said:

File the I-129F petition using the name on the annotated birth certificate as the beneficiary's name.  List the original name in the section for beneficiary's "Other Names Used".  Add an explanation in the "Additional Information" section.

 

Letter of intent to marry should use the name on the annotated BC.  If you want, add an AKA beside the legal name.  Not an issue if the evidence for meeting has the original name, as long as it's listed as an alias in the I-129F.

 

Get a new passport with the name on the annotated BC.  Ok to apply for passport renewal after the K1 petition is filed, but should be before submitting the DS-160 form.

 

Fill out the DS-160 using the new passport name.  List the original name in the section for "Other Names Used".

 

Apply for NBI clearance with AKA.  Name should match the new passport name, while AKA should list the original name.

 

The embassy in Manila also requires aliases to be listed on the CENOMAR.  This may not be possible through online order.  Fiancee may need to apply at a PSA office to be able to list her original name as an alias on her CENOMAR.

This is kind of what I suspected to be the case. I'm just trying to be thorough and wanted to hear some more opinions.  She actually managed to get a passport appointment with DFA a week from now.  It does create some other local issues that I don't think would be of concern to the US.  She's getting an affidavit of discrepancy done to which she has previously had to produce once or twice on this issue for other purposes. 

 

I'm still a little bit wondering if it creates any issues about her 7 year old daughter who will be included as a K2.  She was born after mom's (my fiancés) birth certificate was annotated with her fathers surname, but mom used her old surname (grandmas maiden surname) as the mother and for her daughter on her daughters birth certificate.  So it now exists that mother and daughter have different surnames.

 

12 hours ago, Adventine said:

What an odd situation. Also, the idea of a "most legal" name is a strange concept.

By "most legal" I mean, I do not think it is illegal for her to have used her birth surname day to day as long as there was no intent of deception.  Just I presume that in the case of a controversy, the annotated name on the birth certificate is the clear legal winner over any other name she used.

[Adventine 3,187]

22 minutes ago, top_secret said:

This is kind of what I suspected to be the case. I'm just trying to be thorough and wanted to hear some more opinions.  She actually managed to get a passport appointment with DFA a week from now.  It does create some other local issues that I don't think would be of concern to the US.  She's getting an affidavit of discrepancy done to which she has previously had to produce once or twice on this issue for other purposes. 

 

I'm still a little bit wondering if it creates any issues about her 7 year old daughter who will be included as a K2.  She was born after mom's (my fiancés) birth certificate was annotated with her fathers surname, but mom used her old surname (grandmas maiden surname) as the mother and for her daughter on her daughters birth certificate.  So it now exists that mother and daughter have different surnames.

 

By "most legal" I mean, I do not think it is illegal for her to have used her birth surname day to day as long as there was no intent of deception.  Just I presume that in the case of a controversy, the annotated name on the birth certificate is the clear legal winner over any other name she used.

 

Ideally, once your fiancée's name was legally changed on her birth certificate, she should have consistently used it on all legal documents going forward, including her daughter's birth certificate. Too late for that, though.

 

It'll take some explaining and good documentation, but I don't see it being a huge problem. But I could certainly be wrong.

[Chancy 6,233]

9 hours ago, top_secret said:

I'm still a little bit wondering if it creates any issues about her 7 year old daughter who will be included as a K2.  She was born after mom's (my fiancés) birth certificate was annotated with her fathers surname, but mom used her old surname (grandmas maiden surname) as the mother and for her daughter on her daughters birth certificate.  So it now exists that mother and daughter have different surnames.

 

Well, it's not ideal that your fiancee did not use her legal surname for her daughter, but too late to take it back now.  In any case, it's not an issue for her immigration and won't be as much of a hassle with paperwork as it is for your fiancee.  7 yr old K2 won't need NBI clearance and CENOMAR.  You just need to make sure her passport name matches whatever name is on her birth certificate.  If necessary, the name situation can be explained to the US embassy with your fiancee's documents.

 

When they immigrate and you and the mom get married, you as a family can decide what the daughter's surname should be going forward.  If you all want, they can both take your family name.  You can get a court order in your state for the daughter's name change.

 

[Orangesapples 1,954]

5 hours ago, Chancy said:

 

Well, it's not ideal that your fiancee did not use her legal surname for her daughter, but too late to take it back now.  In any case, it's not an issue for her immigration and won't be as much of a hassle with paperwork as it is for your fiancee.  7 yr old K2 won't need NBI clearance and CENOMAR.  You just need to make sure her passport name matches whatever name is on her birth certificate.  If necessary, the name situation can be explained to the US embassy with your fiancee's documents.

 

When they immigrate and you and the mom get married, you as a family can decide what the daughter's surname should be going forward.  If you all want, they can both take your family name.  You can get a court order in your state for the daughter's name change.

 

I don't see an issue with the daughter's name staying as it is now

[Chancy 6,233]

22 minutes ago, Orangesapples said:

I don't see an issue with the daughter's name staying as it is now

 

Yup, no issue.  But they can change it if they want to after moving to the US.

 

[seekingthetruth 1,219]

On 10/15/2020 at 7:05 PM, Chancy said:

 

When they immigrate and you and the mom get married, you as a family can decide what the daughter's surname should be going forward.  If you all want, they can both take your family name.  You can get a court order in your state for the daughter's name change.

 

 

On 10/16/2020 at 12:44 AM, Chancy said:

 

Yup, no issue.  But they can change it if they want to after moving to the US.

 

I have a similar situation to the OP but not for K1. I am curious about what you said here about changing the step-daughter's name.

 

We are married and my wife has my surname on her Philippines passport now.  Two other names (spelling error on bc that is corrected, first marriage, annulled) will be listed as aka.

 

My step-daughter still retains her birth father's surname.  After she and her mom immigrate, it is straight forward to chang my step-daughter's surname to my surname?? She is not adopted and will be 17 or 18 when she immigrates.