Baby on the way from Filipina / engaged

[Vegas_Vol_2021]

Greetings!

I'm an American Citizen late 40s, I have a girlfriend of 4 years, now Fiance she's 4 months pregnant.  She's 25.

We want to make sure that the baby gets U.S. Citizen ship, and currently the Filipina lives in Philippines and I'm on a tourist Visa there.

There were a few things I was trying to get more clarity on before I proceed:

A.  Prenup?   I have some retirement savings in a Sep IRA for funds that I earned and saved already.  Do I need to get a prenup to protect those savings possibly?  

I'd prefer not to get one done although for peace of mind it might possibly make some sense.  

B.  If I want the baby to get my last name and also citizenship, would I need to get married before the baby is born?

C.  Are there advantages or downside if I wait to get married until after she has the baby, legal speaking.  

D.  Any tips for a smooth process?

Thanks,

 

 

 

[Clermont]

On the marriage side, their parenting laws are pretty much the same as American, as for prenuptial, some women crack up on the mention, treed lightly and congratulations on the baby and welcome.

[Gator]

2 hours ago, Vegas_Vol_2021 said:

If I want the baby to get my last name and also citizenship, would I need to get married before the baby is born?

A close friend had a baby with his now ex gf. When the child was born he was present and there were no issues listing him on the birth certificate as the father. His nationality was also listed and the baby carries his last name. He does continue to provide support and see his son. They made a private arraignment for support and visitation. 

Personally I would try to get a prenup. If you do, be sure to have it drawn up in both English and Tagalog as that will avoid her contesting it based on her sudden lack of the English language. If your gf is not a native Tagalog speaker, for instance she is originally from Cebu, then also add a Bisaya translation of the prenup as well. 

[Possum]

4 hours ago, Vegas_Vol_2021 said:

A.  Prenup?   I have some retirement savings in a Sep IRA for funds that I earned and saved already.  Do I need to get a prenup to protect those savings possibly?  

I'd prefer not to get one done although for peace of mind it might possibly make some sense.  

B.  If I want the baby to get my last name and also citizenship, would I need to get married before the baby is born?

C.  Are there advantages or downside if I wait to get married until after she has the baby, legal speaking.  

D.  Any tips for a smooth process?

A. If you're not married she can't claim any of your funds. I have seen women do some serious transformations when prenup is mentioned. Prenups have their place but make sure there are no potential weapons around when you first mention it.

B. No, I wasn't even in the country when my first child was born. I just signed a paper or two when I arrived. Child has my last name and later got US passport.

C. I can't think of any

D. Make sure she get good prenatal care and arrange for a decent hospital to give birth. Everything else can wait.

 

Good luck

[OnMyWay]

3 hours ago, Vegas_Vol_2021 said:

B.  If I want the baby to get my last name and also citizenship, would I need to get married before the baby is born?

No.  My first daughter was born before we were married and we got her CRBA and U.S. passport within her first year.

C.  Are there advantages or downside if I wait to get married until after she has the baby, legal speaking. 

For the birth certificates and CRBA, there is extra paperwork if you are not married.  For the local birth certificate started at the hospital, you will execute an "Affidavit of Acknowledgement / Admission of Paternity".  Then when you go to the Embassy for the CRBA and U.S. Passport, there is an extra form that has to be notarized by the embassy notary, for $50.  I think it was an Affidavit of No Marriage or something like that.

 

For the CRBA, you are required to provide a history of relationship and you can start on that now.  Pictures of you and your girlfriend together over the time you have been together, etc., then pictures at birth with the girlfriend and newborn, then continue with pictures of the baby growing up.  Keep all this picture history for future needs too.  I had to provide it again to renew my daughter's passport

Best way to do the CRBA is at a U.S. Embassy outreach.

[hk blues]

5 hours ago, Vegas_Vol_2021 said:

C.  Are there advantages or downside if I wait to get married until after she has the baby, legal speaking.  

The child will be classed as 'illegitimate' under law here, even if you get married later.  You can complete a process to "legitimse" the birth if it's an issue for some reason later.  When you register the birth in the Philippines, there is a document to complete to allow the child to  use your name as surname if born before marriage.  

Just bear in mind the process for the USA and the Philippines may be different but you need to do both.  

[Lee]

11 hours ago, Gator said:

Personally I would try to get a prenup

On "another" MB, the general consensus was to not let your future wife know about all of your assets thus making a prenup unnecessary.

The ex pats kept their money business close to the vest often portraying themselves as just able to get by while living on a modest retirement with little extra.

Also, if the wife knows your money business then all of her family probably knows your money business. Not good. 

IMO, you need to think long term here and ask yourself a lot of "what ifs". Hope that this helps.

.

Edited March 30 by Lee

[Vegas_Vol_2021]

The only think I'm considering for to be for protection for the prenup is my Sep IRA, that's where my retirement savings are located at. I don't plan to contribute any more to the fund so this would be assets that I acquired before we were married.

I don't have a lot of savings other than that that I would be concerned about.  So that way if the marraie was not successful somehow, I would at least have my IRA to fall back on for income.  

When I searched it online it seemed like most of the places I was checkin said if you had assets acquired before marriage, those were not at risk.

Also, if anyone wants to PM me budget friendly attorney that you know and can recommend please send me a PM.  

Thanks for your feedbacks!

 

 

[Vegas_Vol_2021]

How much time does it take to do the marriage process once I locate my U.S. birth. certificate can that be done in a couple of weeks or might more then?  Prenup and all that also if needed :). 

[Ozzyboy]

 Prenup? it isn't worth the paper it's written on, for the super wealthy maybe, for the rest a Lawyers best day, she has your child, she will wipe you out, for others, stop watching American TV and get real, not all the world is American.

These were the words uttered to me years ago, so the advice as i say, is speak to a lawyer in the particular country or speak to several lawyers and don't get advice from me or your mate at the pub. In many countries your PRE - MARRIAGE assets belong to you, but read the paragraph above, BUT take into consideration the DE - FACTO law, ahhh, marriage and children, what bliss, until it's not.