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Nathanael PSK

Bringing kids over late and fixing birth cert??

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Hi my wife came here in 2013 her k1 visa was issued oct 2013. She has her 10 year greencard now and is going back to philippines next month. She has 2 kids that we were going to bring over with her k1 visa that we listed them as accompany children, but chose not to because of finances. Now we're more fortunate and wish to bring them over this year. The kids are now 7 and 6y/o.

 

We're not totally sure what to do because there is one problem, The eldest. when he was born had misinformation on his birthcert. the original father put that they were married and with a fake date. Now with the original father out of the picture and nowhere to be found. We're  wondering how we can get this changed. My wife has never been married before except for me seeing how she passed her cenomar to get here.

 

If there is anyone out there with a similar situation please give us tips and how you went about it. Thank you

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They are no longer eligible for follow-to-join under her K1 (K2 FTJs must immigrate within one year of the principal applicant). You will have to file individual I-130s for them as their stepfather. 

 

As long as there's no question that your wife is the biological parent of the children and you can prove that you are legally married it shouldn't be a problem. Worst case scenario they will ask for DNA. 

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