Fiancee Visa and complications

[MarBell379]

Hi
Its been a while since Ive posted here, and a year now since I met my girlfriend and I'm on my way to Philippines next month to see her again for 3 weeks. Its my first time in Phils (she was in Israel before until her Visa expired and she went home voluntarily), so I'm looking forward to it.
I'm planning on asking her to marry me so wish me luck

I'm currently still waiting on a Decree Absolute which has been a looong time coming, but should be through soon. Assuming this happens, we'd like for her to come here so we can be together as soon as we can.
I know we can apply for a fiancee Visa, and we then need to be married within six months. Is it imperative that we have this date set and organised before she comes, or can we organise when she gets here?
Other than that, I think we're OK on this front. We have loads of evidence of relationship, and this next trip will be our fourth time together.

She has a daughter in Phils, which is where the complications kick in. Of course we want her daughter to come to be with us too (Shes 5). Unfortunately, as the father did a runner before she was born, the family decided that it would be better for the daughter to be registered in an aunts name. This means the wrong name is on the birth certificate - does anybody know if this will be an issue?
(I'm told it might even be possible to change this in Philippines (sounds strange to me but you never can tell) )

If it is, I have no real concern over adopting, but we'd need to follow due process and this is likely to take a couple of years :(

All constructive comments are welcomed.
Thanks

[darren-b]

I know we can apply for a fiancee Visa, and we then need to be married within six months. Is it imperative that we have this date set and organised before she comes, or can we organise when she gets here?

No it is not imperative that you have a date set. I know others on here will say how they had provisional bookings for rooms at hotels to have the reception, etc but you not have to provide them. Our only plan for our wedding was we were going to get married in 'May'.

She has a daughter in Phils, which is where the complications kick in. Of course we want her daughter to come to be with us too (Shes 5). Unfortunately, as the father did a runner before she was born, the family decided that it would be better for the daughter to be registered in an aunts name. This means the wrong name is on the birth certificate - does anybody know if this will be an issue?

I'm not a expert but I suspect this is going to cause you a issue as I believe the ECO isn't going to simply grant a visa to her as legally her daughter is actually her niece (guess you mean the daughter's aunt rather than your fiancee's aunt).

[joebloggs]

I'm not a expert but I suspect this is going to cause you a issue as I believe the ECO isn't going to simply grant a visa to her as legally her daughter is actually her niece (guess you mean the daughter's aunt rather than your fiancee's aunt).

yes could be problems, daughter might have to take a dna test.

[Mrs.JMajor]

why she use her auntie's nameon that case you both have a big problem to bring her daughter in the UK,DNA test is so expensive 50+k PHP year 2002 and the only hospital conducting DNA (St Luke's)



anyway,Good luck on the future application

[Florge]

Hi
Its been a while since Ive posted here, and a year now since I met my girlfriend and I'm on my way to Philippines next month to see her again for 3 weeks. Its my first time in Phils (she was in Israel before until her Visa expired and she went home voluntarily), so I'm looking forward to it.
I'm planning on asking her to marry me so wish me luck

I'm currently still waiting on a Decree Absolute which has been a looong time coming, but should be through soon. Assuming this happens, we'd like for her to come here so we can be together as soon as we can.
I know we can apply for a fiancee Visa, and we then need to be married within six months. Is it imperative that we have this date set and organised before she comes, or can we organise when she gets here?
Other than that, I think we're OK on this front. We have loads of evidence of relationship, and this next trip will be our fourth time together.

She has a daughter in Phils, which is where the complications kick in. Of course we want her daughter to come to be with us too (Shes 5). Unfortunately, as the father did a runner before she was born, the family decided that it would be better for the daughter to be registered in an aunts name. This means the wrong name is on the birth certificate - does anybody know if this will be an issue?
(I'm told it might even be possible to change this in Philippines (sounds strange to me but you never can tell) )

If it is, I have no real concern over adopting, but we'd need to follow due process and this is likely to take a couple of years :(

All constructive comments are welcomed.
Thanks

Hi, before I can answer your question on the daughter issue, I'd like to ask, was the daughter legally adopted by the aunt or her name was just simply put in the birth certificate? Was the daughter legally adopted by the Aunt?

This may indeed pose a challenge to bring the daughter... would have been easy if your gf was still declared as the biological mom and she was legally adopted by the Aunt.

Will have to ask my sister (who's a lawyer) on the legal implications on this. No lawyer's fees for now... LOL

[adam&chryss]

Hi
Its been a while since Ive posted here, and a year now since I met my girlfriend and I'm on my way to Philippines next month to see her again for 3 weeks. Its my first time in Phils (she was in Israel before until her Visa expired and she went home voluntarily), so I'm looking forward to it.
I'm planning on asking her to marry me so wish me luck

I'm currently still waiting on a Decree Absolute which has been a looong time coming, but should be through soon. Assuming this happens, we'd like for her to come here so we can be together as soon as we can.
I know we can apply for a fiancee Visa, and we then need to be married within six months. Is it imperative that we have this date set and organised before she comes, or can we organise when she gets here?
Other than that, I think we're OK on this front. We have loads of evidence of relationship, and this next trip will be our fourth time together.

She has a daughter in Phils, which is where the complications kick in. Of course we want her daughter to come to be with us too (Shes 5). Unfortunately, as the father did a runner before she was born, the family decided that it would be better for the daughter to be registered in an aunts name. This means the wrong name is on the birth certificate - does anybody know if this will be an issue?
(I'm told it might even be possible to change this in Philippines (sounds strange to me but you never can tell) )

If it is, I have no real concern over adopting, but we'd need to follow due process and this is likely to take a couple of years :(

All constructive comments are welcomed.
Thanks

well you wouldn't have any problem getting her daughter too if she wasn't registered in her aunt's name.
my husband got me and my son without any problems, as long as u satisfied the ECO that u r sole responsible for ur child. in ur case i'm not sure how will u deal with that. DNA test would be probably the best and a letter from her aunt and other families involve, specially from the one who takes good care of her during ur gf absences to her daughter.

all the best and goodluck!

[MarBell379]

Thanks to all so far.
The daughter is legally the daughter of my (soon to be) fiancees aunt. The aunts name is on the birth certificate as the mother. Its all to do with my fiancee's father running off. The family wouldnt allow another child with his surname and decided that it would be easier for her to not have dependants for work Visas.

Would we be best to declare the daughter on the Fiancee Visa application? Or leave it out and deal with that afterwards?
We're quite prepared for this to take some time and her daughter has been living with granny now for the best part of 4 years while my fiancee has been working abroad.

[Mrs.JMajor]

put the daughter on application,you wont just leave the daughter in PI for the rest of her life ,Isnt it? So at least the ECO knew on the future application of the daughter,even it takes long time ,but you have to deal with that big problem so far,i can smell you will spend fortunes to sort that problem,you will need DNA and attorney or lawyer to transfer the daughter on your fiancee's name

[Mrs.JMajor]

P.S yes you really need to put on your fiancee that she had daughter,because on the future if you apply her,then the ECO will surprise that how come you have daughter,might reason to denied the daughter application

but i thought of that if you will explain to ECO that you didnt declare you had daughter and explain because she wasnt on your name,same thing you didnt being honest on your application also

[MarBell379]

Thats what I'm nervous about, but I dont know quite how to explain the situation on the form in a way that doesnt look odd in the first place.

[blessedlady89]

You can consult a family lawyer or your girlfriend regarding this.
A friend had another birth certificate obtained by registering her daughter ( late registration) and the midwife sign the birth certificate that she had a home birth. They knew someone from the municipal so there is no problem.
I don't know I think the lawyer has a better idea. Be prepared', they might charged you thousand and thousand pesos.

Thanks to all so far.
The daughter is legally the daughter of my (soon to be) fiancees aunt. The aunts name is on the birth certificate as the mother. Its all to do with my fiancee's father running off. The family wouldnt allow another child with his surname and decided that it would be easier for her to not have dependants for work Visas.

Would we be best to declare the daughter on the Fiancee Visa application? Or leave it out and deal with that afterwards?
We're quite prepared for this to take some time and her daughter has been living with granny now for the best part of 4 years while my fiancee has been working abroad.

[Mrs Daddy]

Hi there,i have thought two ways for this problem.first,I know its a bit awkward but you and your fiancee know that its her child but for her to be able to put her child`s name to hers.do you think it would be easier for your fiancee to adopt her.I know its sounds silly but its just my idea and i know it complicates and other way is that you could register her again.I have a nephew who is 2 years old now and was using my sister`s ex surname,fortunately for my sister who know somebody from the birth registrar help her to change my nephews surname to hers.And my nephew`s got my sister`s surname.

[IainBusby]

well you wouldn't have any problem getting her daughter too if she wasn't registered in her aunt's name.
my husband got me and my son without any problems, as long as u satisfied the ECO that u r sole responsible for ur child. in ur case i'm not sure how will u deal with that. DNA test would be probably the best and a letter from her aunt and other families involve, specially from the one who takes good care of her during ur gf absences to her daughter.

all the best and goodluck!

Even if the girl had a DNA test, which established that she was in fact her daughter, she could still have problems with the name issue and also proving that she has sole responsibility for her and that her daughter is dependent on her alone.
Iain.

[Mrs.JMajor]

A friend had another birth certificate obtained by registering her daughter ( late registration) and the midwife sign the birth certificate that she had a home birth. They knew someone from the municipal so there is no problem.
I

That could be like falsification of public documents,but that is the cheapiest way to sort the problem,and make sure do it out of your town or province cause if she got passport or NBI they will find the same name as her and same age,which more complicated

[IainBusby]

You can consult a family lawyer or your girlfriend regarding this.
A friend had another birth certificate obtained by registering her daughter ( late registration) and the midwife sign the birth certificate that she had a home birth. They knew someone from the municipal so there is no problem.
I don't know I think the lawyer has a better idea. Be prepared', they might charged you thousand and thousand pesos.

Sounds like a much better plan than consulting a lawyer, like you say, thousands and thousands and probably a very long process as well.

That could be like falsification of public documents,but that is the cheapiest way to sort the problem,and make sure do it out of your town or province cause if she got passport or NBI they will find the same name as her and same age,which more complicated

Like Mrs Major says, probably best to do it in a different province if possible.

Iain

[joebloggs]

We're quite prepared for this to take some time and her daughter has been living with granny now for the best part of 4 years while my fiancee has been working abroad.

the embassy i fear will say her granny has 'sole responsibility' for the child. the mother not named on the birth cert and looked after by her gran

[Jay&Zobel]

[QUOTE=Mrs Daddy;122426]
1) I know its a bit awkward but you and your fiancee know that its her child but for her to be able to put her child`s name to hers.

do you think it would be easier for your fiancee to adopt her.I know its sounds silly but its just my idea and i know it complicates and
QUOTE]



This is also my view, since the kid is using your Fiancee's Aunt's name in the legal documents: Birth Certificate, Baptismal etc... Then indeed, she (Aunt) is the legitimate (in papers) mother of your fiancee's kid.

She (fiancee) cannot declare the kid as her own (even if she is). Therefore, she cannot put her kid's name in the forms.

This is a legal issue. Should be done properly if she wanted her kid to come with her in the UK.

Consult a lawyer: yes can be costly but then, it will be done in legal ways.
1) Change the kid's name (the Aunt will need to testify that she is indeed not the mother but was just put in papers because of Fiancee's work etc)
2) Adoption

The above will need to have court hearings... your fiancee needs to be there everytime there's a court hearing (this will take a lot of time - Philippine system)

or

Let your fiancee proceed with her fiancee visa application without mentioning her child. Because in paper/legal terms, she never had a child.

Then when she has successfully passed the visa, get married proceed to options 1 or 2.

[MarBell379]

COmplicated and time consuming :(
No simple answers here it seems, not that I was expecting any, but thanks to all for your input.

[joebloggs]

nope you've got at least 2 problems, proving your g/f is the mother of the child and then that your g/f has 'sole responsibility' for the child

good luck thou

[Florge]

Hi... Have asked my sister who is a lawyer on this.. and my dad as well... so here goes:

It is illegal here in the phils, and therefore there's a criminal offense attached to this act to sign a birth certificate of the baby who is not your biological child. If you want the baby, it must go through the legal process of adoption. In this case, I believe there isn't. So, my sister suggests that you do not divulge this and ask the Aunt to not say anything about this or else she'll be imprisoned since it's her signature that appears on the document.

And since the Aunt is the legal mom of the baby (according to the birth certificate), what your gf can do is adopt her and go through the legal process of adoption... then once the adoption is done, apply for a visa for the child. And do not mention about the Aunt signing the birth certificate as the biological mom, or else, she'll be charged with this criminal offense... (did I just say this again? LOL)

I don't think there will be resistance from the Aunt as soon as she finds out that she's legally responsible for this...

Hope this helps...

[Mrs.JMajor]

COmplicated and time consuming :(
No simple answers here it seems, not that I was expecting any, but thanks to all for your input.

Simple as this,register her again,as delayed registration,put on mothers name,reason for delayed registration she just gave birth in the house,witness the midwife, Simple and wouldnt cost you fortune

[Jay&Zobel]

Hi... Have asked my sister who is a lawyer on this.. and my dad as well... so here goes:

It is illegal here in the phils, and therefore there's a criminal offense attached to this act to sign a birth certificate of the baby who is not your biological child. If you want the baby, it must go through the legal process of adoption. In this case, I believe there isn't. So, my sister suggests that you do not divulge this and ask the Aunt to not say anything about this or else she'll be imprisoned since it's her signature that appears on the document.

And since the Aunt is the legal mom of the baby (according to the birth certificate), what your gf can do is adopt her and go through the legal process of adoption... then once the adoption is done, apply for a visa for the child. And do not mention about the Aunt signing the birth certificate as the biological mom, or else, she'll be charged with this criminal offense... (did I just say this again? LOL)

I don't think there will be resistance from the Aunt as soon as she finds out that she's legally responsible for this...

Hope this helps...

I am very impressed!


ADOPTION is the only way...

[joebloggs]

even after adoption, you could still have the problem of 'sole responsibility'

[MarBell379]

Thanks Florge. Thats a position I hadnt really thought about. There is no opposition from the family at the moment on anything here, other than the current surname of my gf, which will of course change when we get married. Adoption would then become an absolutely viable option, albeit one that will take some time to complete and get us all together.

[Florge]

Thanks Florge. Thats a position I hadnt really thought about. There is no opposition from the family at the moment on anything here, other than the current surname of my gf, which will of course change when we get married. Adoption would then become an absolutely viable option, albeit one that will take some time to complete and get us all together.

That's great... so. wedding first.. then adoption. This may take a while since the Department of Social Welfare and Development are involved in this procedure. Good luck!

[Florge]

I am very impressed!


ADOPTION is the only way...

hehehe.. thanks Zobel. Not my idea though. Just echoing what my sister said. Being in a family of lawyers has its advantage... and I get the advise I need for free!