Not his child

[Lililand 5]

So here's the problem that I hope someone can help us with...

A friend was sexually abused and a child was the outcome of that. She asked my fiance if he could sign the birth certificate as the father for personal and medical reasons. We talked about this and decided to help her without thinking this could be an issue to us in the future. We have now applied for the K-1 and in the application I did not mention this child. My question is:

1. During the interview, would they ask about the child?

2. If we didn't mention it in the I-129F forms, would they have a way of finding out?

3. I know this is a quite unique case, would it be a problem/cause a red flag if we say what happened?

Thanks!

[momof1 205]

So here's the problem that I hope someone can help us with...

A friend was sexually abused and a child was the outcome of that. She asked my fiance if he could sign the birth certificate as the father for personal and medical reasons. We talked about this and decided to help her without thinking this could be an issue to us in the future. We have now applied for the K-1 and in the application I did not mention this child. My question is:

1. During the interview, would they ask about the child?

2. If we didn't mention it in the I-129F forms, would they have a way of finding out?

3. I know this is a quite unique case, would it be a problem/cause a red flag if we say what happened?

Thanks!

How old is the child? Just curious. And, are you sure the child really isn't his? I'm sorry for being a pessimist but that just sounds unreal to me. If he's the father on the birth certificate then you probably should have mentioned that he has a child.

[Penguin_ie 5,993]

Yes they can do document searches and find out. Who is the petitioner in this?

[Lililand 5]

Momo: Yes, we're sure he's not the father. We both were present when she asked us that. (Apart from the fact that the child is a physically the opposite of my fiance. I.e. hazel vs. dark eyes, light brown hair vs. dark hair, completely different skin tones, etc) The child is... I think a year old.

Penguin: I don't think I get your question... I'm the petitioner (US citizen) (I think that's what you meant?

But would it cause a problem even if they do the search? I'm pretty sure we can talk to the girl and get his name off of the birth certificate, but that just sounds like more paperwork.

Edited March 2, 2012 by Lililand

[Dan and Judy 614]

So here's the problem that I hope someone can help us with...

A friend was sexually abused and a child was the outcome of that. She asked my fiance if he could sign the birth certificate as the father for personal and medical reasons. We talked about this and decided to help her without thinking this could be an issue to us in the future. We have now applied for the K-1 and in the application I did not mention this child. My question is:

1. During the interview, would they ask about the child?

2. If we didn't mention it in the I-129F forms, would they have a way of finding out?

3. I know this is a quite unique case, would it be a problem/cause a red flag if we say what happened?

Thanks!

The USCIS don't care how many kids he has. They just want to know that he is legaly free to marry you. If he wanted to bring the child to US then you would have put the childs name on the application.

[Lililand 5]

The USCIS don't care how many kids he has. They just want to know that he is legaly free to marry you. If he wanted to bring the child to US then you would have put the childs name on the application.

Thank you!! So we won't have any problems even during the interview?

[Penguin_ie 5,993]

The USCIS don't care how many kids he has. They just want to know that he is legaly free to marry you. If he wanted to bring the child to US then you would have put the childs name on the application.

That is incorrect. All children, even if not intending to bring them, must be mentioned on the I-129F. Whether it would be considered a missrepresentation of material fact (ie lifetime ban) not to mention them I am not sure- I doubt it, but it would be a big red flag. If there is anyway you can, I would definitely get him off the birth cert. If that is not possible, submit ammended forms including the child at the next stage, together with a letter explaining why the child was not included initially.

[Lililand 5]

That is incorrect. All children, even if not intending to bring them, must be mentioned on the I-129F. Whether it would be considered a missrepresentation of material fact (ie lifetime ban) not to mention them I am not sure- I doubt it, but it would be a big red flag. If there is anyway you can, I would definitely get him off the birth cert. If that is not possible, submit ammended forms including the child at the next stage, together with a letter explaining why the child was not included initially.

Oh... The only reason I didn't put him on the form was because the form said to list all the children that you would also petition for.

[Penguin_ie 5,993]

Oh... The only reason I didn't put him on the form was because the form said to list all the children that you would also petition for.

I think you miss-read that. Part B, question 13 of the I-129F says "List All Children of your alien fiance". As he is on the birth cert, at this time the child is legally his.

[Dan and Judy 614]

That is incorrect. All children, even if not intending to bring them, must be mentioned on the I-129F. Whether it would be considered a missrepresentation of material fact (ie lifetime ban) not to mention them I am not sure- I doubt it, but it would be a big red flag. If there is anyway you can, I would definitely get him off the birth cert. If that is not possible, submit ammended forms including the child at the next stage, together with a letter explaining why the child was not included initially.

immaterial fact. yes , the application does say list all children, but he could have 20 children and the real question is whether or not he is able to marry.

Lilliand you will have plenty more replys soon

[Lililand 5]

I'm sorry if I'm being annoying/stubborn, but I just re-read the instructions and it says: "Unmarried children of your fiance or spouse who are under 21 of age and listed on this form will be eligible to apply to accompany your fiance or spouse"

Doesn't that mean that whichever "child" you list on the forms will also receive a visa if you get approved?

[Penguin_ie 5,993]

Doesn't that mean that whichever "child" you list on the forms will also receive a visa if you get approved?

No. As the sentence you quoted says, they would be elligible. Ie if your fiance chooses, he can get the child a visa. He doesn't have to and it is not automatic.

[Lililand 5]

Oh ok... So what's the best way to proceed now?

[Dan and Judy 614]

Oh ok... So what's the best way to proceed now?

Minor children who are identified and listed in the approved I-129F petition may follow-to-join their petitioned parent.

However, such follow-to-join K2 visas can only be issued within one year from the time the parent was issued the K1 visa. After one (1) year, they will no longer be able to derive immigration benefits from the I-129F petition and you or your spouse will have to file an immediate relative or second preference petition for them to qualify again for immigration benefits.



If you have one or more children not listed on the visa petition, or a current pregnancy, or a prior undisclosed marriage even if the marriage has now been terminated, or are currently afflicted with a contagious or communicable disease of public health significance, you must be prepared to present a notarized letter from the petitioner stating he/she is aware of the discrepancies between the facts stated on the petition and your actual personal circumstances, and still wishes to proceed with the proposed marriage.

http://photos.state.gov/libraries/manila/306605/atienzalb/Revised%20K1%20Instruction%20Packet%20_3_.pdf

This came from the Philippines embassy, but I think it would apply to your case

[NigeriaorBust 4,087]

If asked about the child the answer is that you know the child is not his biologically. They can DNA test the child and verify that is the truth. I am sure many people have been on original birth certificates and don't claim the child when they find out they aren't the father.