father was named on a BC who is not the biological father.

[Walkingdoll 0]

Hello everyone. I hope somebody who has the same situation like me or is familiar about my situation can give me insights. To give a background on my case, my K1/k2 visa is already on process. We just have to do our medical and visa interview this month or next month. 
My problem is my Fiance is not the biological father of my son he acknoledge the child as his own then after few months my ex boyriend request for DNA test and we found out that he is the biological father . Im single and never been married. My ex boyfriend has his own family with 2 kids and my Fiance loved my son treated it as his own son.
We tried to correct the surname but the court dismiss the case because the biological father was not cooperating and busy with his work and family. Now my fiance filed k1 and K2 we are now worried since he signed the birth certificate. We know that the embassy will require us to under go DNA but we plan to be honest in US Embassy interview to avoid DNA expenses since we already know that he is not the real father and not claiming for US citizenship.

[Unlockable 7,306]

We have seen this situation a lot. Especially from the Philippines. 

 

You will have to get the birth certificate corrected. USCIS could ask for DNA test. With the ex requesting DNA himself this can turn into a legal mess. You say the ex is not cooperating. Does that mean he does not want the child to come to the US? Does he know your fiance's name is on the birth cert?

[Walkingdoll 0]

The legal process took so long. Ex boyfriend is ok with the idea of bringing my son to the US.  yes they're both know the content of birth certificate and on going visa application.

Edited April 23, 2017 by Walkingdoll
Need to add information

[Unlockable 7,306]

"The legal process took so long."

Please clarify.

 

It would be best to do the legal way. Even if it takes long. You don't want to go through immigration lying. You could be found for misrepresentation and banned for life.

[Walkingdoll 0]

7 minutes ago, NuestraUnion said:

"The legal process took so long."

Please clarify.

 

It would be best to do the legal way. Even if it takes long. You don't want to go through immigration lying. You could be found for misrepresentation and banned for life.

We tried to correct it but the case dismissed by the court.

[Unlockable 7,306]

So because of the ex the case got dismissed and you couldn't correct the BC?

 

Interesting.

 

You may want to seek legal counsel to help move this along. Surprised the courts didn't require the ex to cooperate.

[Roel 7,191]

What's up with Philippines and messed up birth certificates? o.O I'm curious since this comes up pretty regularly. Is that a common thing?

[USC1961 251]

7 hours ago, Roel said:

What's up with Philippines and messed up birth certificates? o.O I'm curious since this comes up pretty regularly. Is that a common thing?

Very common as I found out first hand.  It's a widely accepted cultural practice, no one blinks an eye.  What it boils down to is an easy way to adopt.  Or an agreement to take care of a relative or friends child, when they have had 1 too many.   At first this caught me off-guard because in most places the BC is considered a sacred legal document.  Sad part is they make it extremely difficult to correct a BC, while easy to file one with a "mistake."               

[USC1961 251]

8 hours ago, NuestraUnion said:

So because of the ex the case got dismissed and you couldn't correct the BC?

 

Interesting.

 

You may want to seek legal counsel to help move this along. Surprised the courts didn't require the ex to cooperate.

The court probably doesn't see this as a pressing issue.  It's only one incorrect BC in a sea of many.  But I totally agree with the sentiment.

[Walkingdoll 0]

What should i do? I will just pay for k1 visa and medical and inform the consul that k2 will not coming with us because of birth certificate issue? 

[USC1961 251]

13 minutes ago, Walkingdoll said:

What should i do? I will just pay for k1 visa and medical and inform the consul that k2 will not coming with us because of birth certificate issue? 

That sounds like a good idea, as it is the truth.  However, as NuestraUnion said, you need some sound legal advice on this one so you can know how to proceed forward in bringing the child to the USA.  Good luck!   

[Walkingdoll 0]

35 minutes ago, Cruise77 said:

That sounds like a good idea, as it is the truth.  However, as NuestraUnion said, you need some sound legal advice on this one so you can know how to proceed forward in bringing the child to the USA.  Good luck!   

Thank you.😊

[Transborderwife 4,666]

9 hours ago, Roel said:

What's up with Philippines and messed up birth certificates? o.O I'm curious since this comes up pretty regularly. Is that a common thing?

It's common in the United States too at times.  Look up presumptive paternity.  I've dealt with it and was amazed how many women have been in my position where they were still married and separated for years but their legal husband is declared the father on the BC not bio dad.

[Boiler 43,429]

I know some religions only take the Maternal route as you can never be certain who the Father is, well that was the case before DNA tests.

[Sagot 1,548]

13 hours ago, Walkingdoll said:

Hello everyone. I hope somebody who has the same situation like me or is familiar about my situation can give me insights. To give a background on my case, my K1/k2 visa is already on process. We just have to do our medical and visa interview this month or next month. 
My problem is my Fiance is not the biological father of my son he acknoledge the child as his own then after few months my ex boyriend request for DNA test and we found out that he is the biological father . Im single and never been married. My ex boyfriend has his own family with 2 kids and my Fiance loved my son treated it as his own son.
We tried to correct the surname but the court dismiss the case because the biological father was not cooperating and busy with his work and family. Now my fiance filed k1 and K2 we are now worried since he signed the birth certificate. We know that the embassy will require us to under go DNA but we plan to be honest in US Embassy interview to avoid DNA expenses since we already know that he is not the real father and not claiming for US citizenship.

Bring the court documents to the interview, that is the best that you can do for the moment.  

 

There was another couple a few months back with the same situation, not sure what happened with them as they didn't stop back to updates things.