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Filed: K-1 Visa Country: Jamaica
Timeline

hello everyone,

my father is in the process of going for us citizenship and i would like to know how long would it take to bring his son here ...are reading the requirements for bringing a us citizen son i see that it says Fathers petitioning for a child born out of wedlock must provide evidence that a parent/child relationship exists or existed. so other than a a birth certificate do they need any other evidence?

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Filed: Citizen (pnd) Country: Mexico
Timeline

I believe a birth certificate with your father's name on it is proof enough that he recognizes him as his son, but they need to prove a relationship and that is the tricky part.

- Has he supported him in any way? Maybe receipt from bank transfers, money wire, or something similar

- Has he visited with his son? Does he have any records such as plane tickets, travel itineraries or alike?

- If the above is affirmative, does he have any pictures where they are together along the years?

Those are additional evidence that I could think of...

Best of Luck,

UnaMexicana

:yes:Intelligence trumps muscle... Imagination trumps both! :yes:

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Filed: Timeline

Birthday, xmas,cards with postmark envelopes & letters

( if there was no ability to visit) include any child support proof,

letters to motivate or give good words to the child, mother attesting

to dad being in child's life, (if it was possible to visit) show pics

together at school events, church function, a game or other events

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USCIS determines legitimacy either based on the state of residency of the father or the country where the child resides. For example, my uncle filed petitions for his 3 children from 3 different women who were each born out of wedlock. However, under the laws of the DR, children born out of wedlock are considered legitimate if the father acknowledges his paternity, meaning he listed himself on the birth certificate. The bona fide parental relationship only has to be proven when the laws of the country of the child or state of the father don't consider the child legitimate or legitimated. If Jamaica considers the child legitimate, meaning he has all the same rights as any child born in a marriage, then usually what you would have to submit is a copy of the relevant statute to prove that. There were a few immigration cases regarding this and they set precedent for all future cases. This link contains the relevant law about a third of the way down where it says "primary evidence for a legitimated child or daughter". Again this is if Jamaica has laws regarding legitimate children being equal to illegitimate children and they had to have been laws before the child turned 18.

http://www.law.cornell.edu/cfr/text/8/204.2

This does not constitute legal advice.

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Filed: Timeline

An ex PM (Manley) had passed a law that all kids born in JA in or out of

wedlock are legitimate, and no bastards existed , however many out of

wedlock kids fathers name was not on BC, but the kid has the fathers

last name....this encouraged many of the men to petition the kids. recently

a new law was put in place for, and ppl encouraged to add the fathers

name on BC...one reason is after the consulate inform the gov. many random

DNAs done were negative & to rule out fraud claims of paternity, the embassy

now request DNA on most kids born out of wedlock & even a few in wedlock

(know an individual with 5 kids they request DNA for 2 one was a jacket, nearly

killed the poor man !, they were married 18 yrs, embassy says he can adopt the boy

legally & repetition him....no one knows Y 2 was DNA) I think different laws of the

country might be how the consulates look at some of the cases.

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Ok well if Jamaican law considers children born out of wedlock legitimate thats good news, then you would just need something to prove that. Usually the birth certificate itself with the father's name would suffice. In my uncle's case we also wrote a letter explaining the law that was in place and provided a copy of the statute. As for the DNA test, I'm not sure because they request them when the consul questions the relationship. The important thing is that the child is considered legitimate for immigration purposes, that way he wouldn't have to prove the bona fide father-child relationship. You can always ask the Jamaican consulate to be sure about the legitimacy laws.

An ex PM (Manley) had passed a law that all kids born in JA in or out of

wedlock are legitimate, and no bastards existed , however many out of

wedlock kids fathers name was not on BC, but the kid has the fathers

last name....this encouraged many of the men to petition the kids. recently

a new law was put in place for, and ppl encouraged to add the fathers

name on BC...one reason is after the consulate inform the gov. many random

DNAs done were negative & to rule out fraud claims of paternity, the embassy

now request DNA on most kids born out of wedlock & even a few in wedlock

(know an individual with 5 kids they request DNA for 2 one was a jacket, nearly

killed the poor man !, they were married 18 yrs, embassy says he can adopt the boy

legally & repetition him....no one knows Y 2 was DNA) I think different laws of the

country might be how the consulates look at some of the cases.

This does not constitute legal advice.

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Also I forgot to add, the US consulate should be aware of the laws in order to issue the visa, so you shouldn't have a problem there. The issue would be with USCIS since they have to be made aware of the law in Jamaica in order to approve the i130 without need for the bona fide relationship. I'll see if I could get the OP some more info.

This does not constitute legal advice.

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