is it possible to file petition or I-130 to my 1yr old child even though her surname is not yet mine, but my name is on her birth certificate, and acknowledge as a father. the child was born out of wedlock,. is this possible? i am planning to change her surname with me with ofcourse the consent of her mother, she's fine with this, but i think i can process this next year though. but i want to file the petition right now. pls help. thanks.
hi. pls someone help me with my situation. i would really appreciate it. coz i realy wud like to file the petition this april. but im worried if they will process it with my case.
I am pretty certain you can't just file your petition right now without further evidences.
For US citizens' children born out of wedlock, the children are required to be "legitimated" by the citizen fathers. I assume the requirement would also be similar for the children of LPR. Here is a useful link:
quote:
Child born out of wedlock (the parents were not married at the time the child was born). If the father is filing the petition, proof of a bona fide (real and established) relationship with the father must be supplied.
I vaguely remeber one of the requirements that I read some time ago - US citizen father must have the custody of the child at the time of legitimation. That would be quite difficult for a LPR as one is not allowed to be residing outside the US.
You have a complicated case. You should be well prepared before sending off your I-130. It might be a good idea (could even be required)to do a DNA test to establish you as the father, which is considered to be one of the strongest evidences.
thanks for the replies, but here's the case, my child was born out of wedlock, she's my child, i acknowledged her in her birth certificate, my name was on the birth certificate as the father of the child. so this is not yet possible? should i change her name first to get my surname? tnx a lot guys.
bonstock - are you ackowledging this child for bonifide reasons? What is your mission here? Sounds a little scammy to me. What is your purpose? Please don't use your USC born child as a ploy to correct your status. Remember two wrongs don't make a right!
ProudUSC, im a legal permanent resident here in the U.S. my child is in the philippines, she was born as a filipino not a USC, i want to petition her, i already acknowledged her as my daughter in her birth certificate when she was born, so my question is can i file the petition for her here in the US? she's still carrying her mothers surname, but i can process the change of surname to me may be next year, but i want to file the petition now. so no time is wasted. is this posible? i have her birth cert here with me so i can submit it if it is posible. thanks for the reply. i realy apreciate it.
Originally posted by bonstock: thanks for the replies, but here's the case, my child was born out of wedlock, she's my child, i acknowledged her in her birth certificate, my name was on the birth certificate as the father of the child. so this is not yet possible? should i change her name first to get my surname? tnx a lot guys.
In all likelyhood, the birth certificate is not enough. Changing the last name will not be enough either. USCIS knows it is easy to put anyone's name on the birth certificate in order to gain immigration benefit to US. As someone from Philipine where the immigration fraud is common, your case will likely face tough scrutiny.
You need "proof of a bona fide (real and established) relationship." You have to demonstrate that you indeed have an ongoing relationship with the child, not just a name on the birth certificate. Some of the examples are: documents that show that you have the custody of the child, you provide the financial support of the child, the child is your dependent, etc. As I said previously, often times, USCIS requires a conclusive result from a DNA testing if the evidences are insufficient.
so i canot file the petition yet here in the US? i suprted the child since birth. in fact i was with her since birth until 1year old. tons of picures, provided for her. can this be a proof? thanks.
Originally posted by bonstock: so i canot file the petition yet here in the US? i suprted the child since birth. in fact i was with her since birth until 1year old. tons of picures, provided for her. can this be a proof? thanks.
My guess is your petition will get rejected during the consular processing without proper evidences. You need official documents. You have an uncommon case. You should contact a lawyer who has a good knowledge of that sort of case who can tell you what sort of documents will be needed. Or you can contact the US embassy in Philipine and see if they can tell you what to submit.
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