Two Identities in Two Different Countries. Which one to use for I-130?

[Boiler 43,725]

Well as was mentioned you have to state all names, now I am not sure which would take priority. Of if it matters.

 

What happened to the B and DCF?

Edited May 10 by Boiler

[Ben Dover 6]

They never responded regarding DCF, and we left the country before the B visa appointment came up. 

[Family 3,551]

As far as what name to use…I would go with the adopted name /Nigerian passport , since I am assuming you are claiming adopted parent not step parent. 

Show them the alias on PI passport.

 

When IV gets approved, if Philippine exit is a problem…you can always exit with other passport…
 

 

 

And here it is, PI Supreme Court ruled in 2020 that they will recognize foreign   adoptions.

 

 

https://www.lexology.com/library/detail.aspx?g=c8d1aeec-2351-4b5c-be96-1f3312c137dd
Is the adoption of a Filipino child in another country recognized in the Philippines?

 

The Court of Appeals has since made contradictory rulings on this question, but the Supreme Court upheld the principle conclusively in 2020.

In its definitive ruling in the case of Suzuki vs. Office of the Solicitor General,[ii] the Supreme Court rejected the argument that an adoption was only valid if made within the legal framework on adoption of either Republic Act No. 8043 (the Inter-Country Adoption Act of 1995) or Republic Act No. 8552 (the Domestic Adoption Act of 1998).

[Family 3,551]

The only reason I can imagine you were even considering using your son PI /pre adoption name / passport is because of anticipated exit when he gets the IV visa…or do you have other concerns?
 

 

[Ben Dover 6]

7 hours ago, Family said:

The only reason I can imagine you were even considering using your son PI /pre adoption name / passport is because of anticipated exit when he gets the IV visa…or do you have other concerns?
 

 

Thanks for the input. My main concern with using the Nigerian passport was whether a dual citizen could use the passport of a third country he is neither residing in nor applying from to get a visa to enter the United States.

 

On the other hand, my concern with using the Filipino passport is that I assume you have to enter your passport number on the visa application and since both the name and passport number are likely going to change halfway through the visa process (once the adoption is recognized), I assumed that would cause serious issues when someone with a different name and passport number shows up for an interview. 

[Family 3,551]

2 hours ago, Ben Dover said:

Thanks for the input. My main concern with using the Nigerian passport was whether a dual citizen could use the passport of a third country he is neither residing in nor applying from to get a visa to enter the United States.

 

On the other hand, my concern with using the Filipino passport is that I assume you have to enter your passport number on the visa application and since both the name and passport number are likely going to change halfway through the visa process (once the adoption is recognized), I assumed that would cause serious issues when someone with a different name and passport number shows up for an interview. 

Face the issues as they arise . I recommend adopted name ( and thus Nigerian passport) to start with USCIS…as the adoption decree needs to get past them first .

 

You select PI for consular process and argue need for Manila post if USCIS/ NVC (and can ask Manila to accept case) IF it gets assigned to Nigeria . 

As it stands child , dual citizenship will allow child to travel and process in either country if push comes to shove . 
 

 

[Family 3,551]

1 minute ago, Family said:

Face the issues as they arise . I recommend adopted name ( and thus Nigerian passport) to start with USCIS…as the adoption decree needs to get past them first .

 

You select PI for consular process and argue need for Manila post if USCIS/ NVC (and can ask Manila to accept case) IF it gets assigned to Nigeria . 

As it stands child , dual citizenship will allow child to travel and process in either country if push comes to shove . 
 

 

Focus on getting I-130 approved. Once you clear that , argue child needs to interview in PI together with his mom. 

 

[Carpe Vinum 2,314]

17 hours ago, Boiler said:

Keep it simple keep it PI

Good luck...

[Lemonslice 4,584]

The visa/initial green card will be issued in the name of the passport he'll use.  If you/his mom want the American documents in that new name, use that.  Make sure to disclose his prior name(s), and bring all the documents to explain the change. 

 

Will you be traveling with them when they immigrate? 

[KMG 5]

14 hours ago, Ben Dover said:

 

The human trafficking concerns are with children of unknown origins from adoptions through the orphan and Hague processes. We went through the third option which is a family-based petition so there is no such concern in our case as I am married to his biological mother, his biological father is deceased and we went through a legitimate process. There is evidence of all of this.   https://www.uscis.gov/adoption/immigration-through-adoption/family-based-petition-process 

 

Also, it's completely legal to adopt a child in a new residence. I.e. a child relocates to the United States and establishes residency there for the required period and is adopted by someone in a New York court. The parent would not have to travel back to the Philippines to adopt that child. All adoptions are not required to take place in the country of birth. Otherwise, the Philippines wouldn't have a process in place and established Supreme Court rulings for acceptance of foreign adoptions of Filipino-born children.

 

But this has turned into a debate about the merits of adoption when I am simply seeking advice about which name to use on an application. I got legal advice from lawyers in all 3 countries prior to filing the adoption so I am not really seeking legal advice about adoption. I really just wanted to know if anyone can advise on the name to use until the name change is finalized in both passports but it seems I'll have to pony up and contact my lawyer for an hour session. 

 

If you file the I130 online it allows you to clarify and comment on each question.  What you could do is file for him with your name and then write a brief explanation as to why documents from the Philipines could have a different last name.  I am not a lawyer, but this is just my best logical advice.

 

 

[Ben Dover 6]

3 hours ago, Lemonslice said:

The visa/initial green card will be issued in the name of the passport he'll use.  If you/his mom want the American documents in that new name, use that.  Make sure to disclose his prior name(s), and bring all the documents to explain the change. 

 

Will you be traveling with them when they immigrate? 

I wasn't planning to, but I certainly wouldn't mind traveling with them if it makes things better somehow.