Question about birth certificate of a child to be petitioned

[chrome]

hello kababayans,

Do any of my kababayans here in this forum have an experience with child Birth Certificate with a different date of marriage than the actual marriage contract? the Story is my wife gave birth to my twins before we got married, I wanted my twins to carry my Last name. Unfortunately at the time we did not know that the year the twins where born, Philippines allows the children to carry the fathers last name even if the parents where not married, what my wife did is they invented a false marriage date.

I am worried that if I file a petition it will be denied, Would this affect the petition process? and if it will what can I do to fix this issue? or is this going to be ok since the Birth Certificate is legit and we are the parents anyway.

TIA 

[Old55]

It’s very important Foreigners follow the laws in Philippines. It’s equally important to be completely honest dealing with emigration officials. You don’t say what country you are from but would expect most to be very correct so if you attempt to provide fraudulent documents it could cause serious issues.

[OnMyWay]

11 minutes ago, chrome said:

I am worried that if I file a petition it will be denied, Would this affect the petition process?

File a petition for what?  Bring the wife to the U.S.?

Are your kids U.S. citizens yet?  Did get at CRBA and passport for them yet?  If not, that is probably the first place that the discrepancy will be noted.  You have to give the NSO birth certificate and and NSO marriage certificate to the U.S. Embassy to get those.

If you have those and the kids are U.S. citizens, I doubt that it would be a problem to bring the wife over.

[chrome]

7 minutes ago, OnMyWay said:

File a petition for what?  Bring the wife to the U.S.?

Are your kids U.S. citizens yet?  Did get at CRBA and passport for them yet?  If not, that is probably the first place that the discrepancy will be noted.  You have to give the NSO birth certificate and and NSO marriage certificate to the U.S. Embassy to get those.

If you have those and the kids are U.S. citizens, I doubt that it would be a problem to bring the wife over.

Yes to bring the Wife and the kids to U.S. the kids are not US Citizens yet, and Yes they do have the Philippine passports with that Birth Certificate. 

[OnMyWay]

1 hour ago, chrome said:

Yes to bring the Wife and the kids to U.S. the kids are not US Citizens yet, and Yes they do have the Philippine passports with that Birth Certificate. 

You are currently permanently residing in the U.S. and the wife and kids are living in the Philippines?  If so, how long did you live with the wife and kids in the Philippines?  That will be a factor with immigration.

[chrome]

2 hours ago, OnMyWay said:

You are currently permanently residing in the U.S. and the wife and kids are living in the Philippines?  If so, how long did you live with the wife and kids in the Philippines?  That will be a factor with immigration.

Yes I live in  the U.S. I just visit my family every year since 2007.  about 12 years that we have been doing that. thank you for helping me

[OnMyWay]

10 hours ago, chrome said:

Yes I live in  the U.S. I just visit my family every year since 2007.  about 12 years that we have been doing that. thank you for helping me

I wish I could help more but I think you should consult a U.S. Immigration Attorney.  I don't recall anyone discussing your scenario before and it is very unique.

Forgive me for the blunt question, but are you 150% sure that they are your blood offspring?  That is the first thing you are going to have to prove to immigration.  Do they look like you?

You are at a disadvantage now as you and/or your wife should have pursued U.S. citizenship for the kids 12 years ago when they were born, by obtaining a U.S. Certificate of Birth Abroad (CRBA) and passport.  Is there a reason you did not?

The marriage license discrepancy might not be a big deal in obtaining the CRBA and passports.  Only one way to find out.  Apply.  If the kids get their citizenship, then bringing the kids and wife over should go much smoother.

FYI, my first daughter was born before we were married and it never came up that she could not have my surname.  I'm not sure where you guys got that from.

[chrome]

7 hours ago, OnMyWay said:

I wish I could help more but I think you should consult a U.S. Immigration Attorney.  I don't recall anyone discussing your scenario before and it is very unique.

Forgive me for the blunt question, but are you 150% sure that they are your blood offspring?  That is the first thing you are going to have to prove to immigration.  Do they look like you?

You are at a disadvantage now as you and/or your wife should have pursued U.S. citizenship for the kids 12 years ago when they were born, by obtaining a U.S. Certificate of Birth Abroad (CRBA) and passport.  Is there a reason you did not?

The marriage license discrepancy might not be a big deal in obtaining the CRBA and passports.  Only one way to find out.  Apply.  If the kids get their citizenship, then bringing the kids and wife over should go much smoother.

FYI, my first daughter was born before we were married and it never came up that she could not have my surname.  I'm not sure where you guys got that from.

thank you again, yes I am sure that they are my twins and yes we are like almost triplets hahahaha :) , the reason for not being married at that time is my wife filed for annulment from her first marriage, when the decision came that's when we got married. The reason for not bringing them right away is the Wife did not want to be here in the US but now she is starting to be ok with the Idea of coming over here. Yes I am already looking up immigration lawyers as of now, just wanted to get some info from the forums that maybe I can just file the I130 for the family.

Back in the day you can only be acknowledged as the father, then you sign the back of the birth certificate, saying that you are the father if not married. then 2004 or 2005 there is an amendment. that it is legal to use the fathers surname even not being married.

[chrome]

23 hours ago, Old55 said:

It’s very important Foreigners follow the laws in Philippines. It’s equally important to be completely honest dealing with emigration officials. You don’t say what country you are from but would expect most to be very correct so if you attempt to provide fraudulent documents it could cause serious issues.

thank you for this, It is the correct birth certificate from NSO, but there is the date of marriage, worst case scenario is to go to court in the Philippines and cancel that discrepancy since it is legal for the kids to use my surname. and then wait for the decision then file the petition, I am just hoping that this could be easier and not wait for maybe another 2 years to get them here. but seems like I am going to an Immigration lawyer and consult, then if that did not go well then the procedure that I mentioned above. thank you so much for the input.

[OnMyWay]

9 hours ago, chrome said:

thank you again, yes I am sure that they are my twins and yes we are like almost triplets hahahaha :) , the reason for not being married at that time is my wife filed for annulment from her first marriage, when the decision came that's when we got married. The reason for not bringing them right away is the Wife did not want to be here in the US but now she is starting to be ok with the Idea of coming over here. Yes I am already looking up immigration lawyers as of now, just wanted to get some info from the forums that maybe I can just file the I130 for the family.

Back in the day you can only be acknowledged as the father, then you sign the back of the birth certificate, saying that you are the father if not married. then 2004 or 2005 there is an amendment. that it is legal to use the fathers surname even not being married.

OK, good luck in your endeavor!