child born out of wedlock not claimed with K-1 visa

[questions24 0]

Hello,

I have another account under a different name, but for privacy's sake, I didn't want to post this question under my normal account.

I just found out a few weeks ago that my husband had a child out of wedlock nearly a decade ago. I lived with my husband (then fiance) in his country for a nearly a year before coming back to the U.S. to file for a K-1. We got the visa, were married, and are in the process of filing for AOS. I just found out about his child. Because I didn't know, we didn't claim the child on any of our K-1 visa paperwork.

I'm worried about the consequences of this. The child has no birth certificate (yet). However, in 6 months, in order to continue with school, we will need to claim the child. Because he had the child out of wedlock, my husband previously had no rights to claim his child (for cultural reasons). Now that he is married, though, he (of course) would like to claim his child (whose mother has given up custody to her parents).

I searched the forums but found nothing related to this.

Personal stuff aside, I just want to know what this could mean for our future with AOS, etc. Also, given the recent news, we are considering moving back to my husband's country soon. I know this would mean giving up everything we've done up to to this point, but the child is obviously our first priority. If we move back and later file DCF (claiming his child), would previously not claiming his child mean that we will lose any chance of getting a visa in the future?

Sorry for the long post and thank you for any advice.

Also-I know it was very stupid of my husband to not tell me about this prior to the getting the visa. I just want to know what to do now that I know.

[VanessaTony 3,567]

Firstly good on your for being so strong in this situation.

Secondly, not to be rude, but the child has waited already, I would continue with AOS to make things quicker and simpler later... depending how much time you have left of course. I assume you're apply for AP too, have someone watch your mail if you need to leave quick so you know when you get your GC or if you have interviews etc.

Also, I'm sure other people have had this situation so it will be okay. I assume it's much the same as adopting a child in that the sudden introduction will need to be explained. I don't know the legal side but I did want to congratulate you on your strength. That sort of lie would be a pretty big issue with me.

Edited January 6, 2010 by Vanessa&Tony

[Brother Hesekiel 2,236]

I would do what the three wise monkeys Mizaru, Kikazaru, and Iwazaru are doing. Since the child has no birth certificate yet, it's a non-issue in regard to immigration. If you like, you make it an issue on your own terms. Just assume your husband has several other children out of wetlock, some of which he isn't even aware of yet. Impossible to list those as well.

[sachinky 465]

I understand you were only recently made aware of this incident -- did your husband also just find out or had he known all along?

If he had indeed known about this prior to the filing, there might some issues because all children must be listed on forms such as the DS230 or G325A. Those forms are all signed statements -- "I swear that the information presented is true to the best of my knowledge" etc. and if he has intentionally allowed false information to be presented as true fact, he could be charged with misrepresentation. I'm not fully certain about this but maybe someone else can chime in?

Apart from that, I must commend you on your strength and maturity. This is right about the time when I'd be throwing one giant hissy fit.

[questions24 0]

Thank you for the responses. The situation is difficult. Sachinky-my husband did know, but he was 16 when the child was born and was denied any rights to the child. In his country and culture, he could not claim the child as his own, therefore believed himself to be telling the truth when we filled out the documents. I know that's not how it works, but the cultural differences sometimes make things like that murky for him (no matter how much I may try to explain).

I don't know. We aren't thinking at this time of bringing the child to the US. If we bring him into our family, we would want to at least keep him in his own environment to make the adjustment easier. I'm more worried about the future. If we abandoned the green card (because I believe you have to stay in the US for at least 6 months of the year to maintain your GC), I'm worried that claiming the child later would pose a problem as far as being inconsistent with the first petition. However, I'm wondering about the fact that (for the moment) there is no legal ties between my husband and the child. I'm hoping that this does make this a non-issue for the time being. As soon as his papers are filed, then it'll be a different story.

Any other opinions or advice would be appreciated.

Thank you.

Mods-if you think this belongs somewhere else, please feel free to move the topic....I wasn't sure where to put this.

[justashooter 430]

this child will need US accredited DNA type paternity testing before being eligeable for immigration benefits of any kind.