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Jackand7

Not sure what to do about this.....

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My fiancee gave birth last December. To make a long story short, the baby is not mine. But when we filed the petition, she was not pregnant and did not have any children. The petition was approved and we are about to file for the fiancee visa. The form 156k has a place to list any children for her. My question is should we list her child now? If so, will it be a decisive factor in approving the visa? If not, do they have any means of discovering that she has a child now? Also, would the medical exam reveal the fact that she gave birth? What would be the consequences of not listing her child on that form?

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off topic....

Shouldn't you worry about the baby not being yours?... are you sure you still want to proceed with the petition?

Off topic? Sorry. Thought this forum was for questions pertaining to K1 visa apps. Where should I be posting this.

Well, Like I said in my original post. Long story short.. I'm respectfully requesting everyone refrain from commenting on the obvious elephant in the room. I know what I am doing.

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I'm not sure how your consulate works, but I wonder if they'd question the timing of your last visit and the birth of the child.

They may require a DNA test or something saying you're 100% aware the child is not biologically yours and you still wish to sponsor the child none the less.

You may want to ask in the country section your fiance is coming from for better answers.


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Filed: Lift. Cond. (apr) Country: China
Timeline

Off topic? Sorry. Thought this forum was for questions pertaining to K1 visa apps. Where should I be posting this.

Well, Like I said in my original post. Long story short.. I'm respectfully requesting everyone refrain from commenting on the obvious elephant in the room. I know what I am doing.

Like I said, off topic

you don't have to answer if you don't want too...


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They may question the validity and seriousness of your relationship, since there will be this white elephant issue that occurred within the timeframe inwhich you'll were supposed to be engaged and committed to each other.

So in a few words, YES this will be a BIG FLAG for the CO.

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Filed: Citizen (apr) Country: Egypt
Timeline
They may question the validity and seriousness of your relationship, since there will be this white elephant issue that occurred within the timeframe inwhich you'll were supposed to be engaged and committed to each other.

So in a few words, YES this will be a BIG FLAG for the CO./code]

That's right. I know a couple that got denied just because some stories of theirs wasn't matching and sounded suspicious.

They might think it's a visa fraud IF you seem not to care about the big fat elephant.

That child would need the dad's permission to leave the country, right? Or you mean you want to lie to them about it and say it's yours? I wouldn't sleep at night doing that, if you get caught, kiss that visa goodbye.

Good luck.


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Always be truthful on forms. An omission will be considered misinformation if you fail to complete forms fully. They have a way of finding out things and depending on the type of medical exam your fiance will be subject to (this differs from country to country) they may be able to tell that she was recently pregnant. I cant remember if they asked me at my exam whether I was pregnant or had recently had a child....but if this does come up and your fiance lies, the penalty, if she is found to have lied, is severe. (DENIAL OF VISA)

If you plan on bringing the child over, you will of course need to take the appropriate action. She cant just turn up at the airport with her visa and a baby with no permission to immigrate.

This will be a red flag. Be ready to provide a good explanation, and expect complications. You could have some very trying times ahead.


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Is she planning on bringing the child with her at any time?

Is she giving up the baby?

To echo the above - you do not want to misrepresent yourself on forms, they tend to frown on that.


My Advice is usually based on "Worst Case Scenario" and what is written in the rules/laws/instructions. That is the way I roll... -Protect your Status - file before your I-94 expires.

WARNING: Phrases in this post may sound meaner than they were intended to be. Read the Adjudicator's Field Manual from USCIS

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What embassy will you be dealing with? A lot of things depend of cultural expectations and local laws.

Embassy is in Manila Philippines.

She will not be bringing the babywith her. In fact she will be giving the baby up for adoption. So I am just wondering if the baby should be listed on the 156k form. And what goes on in the medical exam.

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IN the medical exam they will ask about the number of births the SO have had. They will know from a medical exam that the OP has given birth, so she should not lie about this. If the baby is given up for adoption, then there will be no need to list the child on the 156 form. Because the parent will have given up ALL legal rights to child upon putting the child up for adoption.

Now, if by saying she will be giving the child up for adoption as in leaving the child with a relative, then that is a different elephant of a different color.

Edited by LIFE'SJOURNEY

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