My husband came over on a K1 visa in Dec 2005. Our AOS approval is pending security clearance. I applied for his daughter to come over at the same time, she was not approved due to the fact that his name was not on her birthcertificate at the time. We were told to bring in either photos, birthrecords, school records anything that would show a father and child relationship, he could not find any of those things at that time. Well we are going to reopen her portion of the case and I was wondering what was the best way to do it. We will most likely have to complete a blood test to prove he is her father. But will I have to start over from scratch or can the case just be reopened?

Who does the child live with right now? Do they have any proof that your husband is the child's father? Your husband will also require permission from the child's mother to bring her to the U.S. to live with him, unless he has sole custody of the child and has legal papers saying that.

My daughter followed me to the U.S. and it is my understanding that the K-2 Visa must be issued within one year of the K-1 Visa (my K-1 was issued June/04 and my daughters K-2 was issued May/05, so we just barely made it). If your husband got his K-1 Visa in late 2005, then the one-year time frame has passed.

I think in your case, you need to speak to a good immigration attorney to find out what you can do about the proof of your husband's parenthood as well as how to re-start the case to bring his daughter to the U.S.

Good luck.

She lives with her mother, who for the time being will allow her to immigrate. We know that we will have to complete a blood test as we did not have the required documents.

A immigration attorney is who messed this up in the first place. I informed them that my husbands name was not on the birth record, way before the interview, they told us that it would not be a problem One would think they would know right? They didn't even advise us to get written approval from the mother, it makes sense, but we didn't find out until it was too late.

I also think it is too late for a K2, but worth checking.

How old is his daughter?

She is 13. So how would I file for her?

She is young enough for you as the step parent to apply for.

http://www.visajourney.com/forums/index.ph...&page=child

Right. If the K2 visa was denied, and you and the child's father have now married, you would petition the child as a stepdaughter

It wasn't denied, only pending, we were to bring in the extra stuff mentioned above but could not find supporting evidence, so we left it like that. We have sense had his name added to the birth certificate tho, but will do a blood test to be on the safe side.




Thanks!! I will look into it.