⌛ Need help and legal advice

Hi there!

My problems is like this:
I am a single mom and my fiancee want that my daughter will have his surname for her future and so that she will be legitimate. He is so willing to file affidavit of paternity for my daughter. The thing is that he is not the biological father.The biological father is dead. And most of all he is an american and l not yet divorced. Just separated for more than 2 years.
Can you help me what to do!?

 

This is a little confusing.

You want the American fiance to sign for paternity on someone else's child, so the that child will be "legitimate".

The child's father is dead.

You are not yet divorced, just separated for more than 2 years?

Or is the American not yet divorced?

Just what is the expected gain out of making this child "legitimate" by placing the American's name on the BC?

Larry

 

there are some decent things to be found by google on adoption in the Philipines, there might be some legal issues from his home country as well

 

You are not yet divorce, and your daughter's biological father is dead...
That means you are still married to someone that is still alive, but separated for over 2 years, now you have an american fiance who is willing to file an affidavit of paternity for your daughter.
How old is your daughter and how long do you know your finacee?
I know the expected gain is for your daughter to be an American citizen, have a US passport be able to go to the US, and get all the benefits etc etc.
But I'm not sure what the consequences would be if the US Embassy finds out that your daughter is not really your fiance daughter and that could be fraud and you and your fiance could be in trouble instead.
If you marry your fiance, that means you and your daughter is going to get it anyway eventually, only your daughter will probably get the benefits sooner.
The best way would be to get an annulment or legal separation from a court as soon as possible so you can be married to your fiance, that's the big hurdle.

please check this website:

Annulment, Divorce and Legal Separation in the Philippines: Questions and Answers at Philippine e-Legal Forum

 

How about check with NSO, cross your fingers and see if you have
a CENOMAR - "Certificate of No Marriage Record" in their database, hopefully
when you got married the certificate was not forwarded to them, got lost, no record etc, a very slim chance...

check this website too:
WeddingsAtWork.com - CENOMAR (Certificate of No Marriage Record)

 

There is really no benefit to filing a false claim. You need to also consider what is your daughther to do the day she finds out about her true father and why all of the lies. For her sake, keep it straight. You or your fiance should consult with a good immigration layer, many can be found especially in cities that have large Philippino communities.

 

Good Day.. i know its bit confussing..
Its my fiancee that is not yet divorced. just separated for more than 2 years. And i did not forced him.. he is the one who offer it and want to file paternity..

 

Thank you! yeah! i treid to check and adoption is the best way.. somehow its just to expensive. especially if they will know he is american. Somehow he is not most american that are here.. that has many money kept in the bank..
And idea where to find a good and not so expensive lawyer..
I tried to consult once they will asked 100,000 and i already asked a judge friend he said its just 70 to 80,000 to have the adoption

 

i'm not married.. i am a single mom.. its my fiancee that is separated and can't fil divorced easily co'z her x wise has a problem..
and he want to file paternity voluntarily co'z he really care for me and my daughter.

 

Well he can put his name on the birth certificate but there is no advantage to it. If you/he are thinking it will gain US citizenship for the child chances are it will not work. The embassy will look at the dates of the divorce and that he was still married to someone else when the child was born, and they will demand a DNA test. Later in life the child will have a lot of unanswered questions about his true father and why this American's name is on the BC.

If he files for K1 fiance visa for you, the child can be included in the petition at little extra cost. He can then adopt the child in the US easily, at a much lower cost than trying to do it here. Furthermore, the adoption here will not suffice for US citizenship.

There is NO advantage to committing this fraud.

You can have your fiance email me privately if he wishes to discuss his options. He can do so at usvisahelp@gmail.com.

Larry