Jump to content
Sign in to follow this  
Erik And Anum

Friend`s fiance bringing a baby that`s not his

16 posts in this topic

Recommended Posts

Hey guys! I have a friend who just got engaged in the Dominican Republic with his fiancee. He has consulted with 3 different lawyers but they all gave him 3 different answers which has confused him even more. The situation is that his fiancee has a 6 month old baby girl. The baby doesn`t belong to my friend but to his fiancee`s ex boyfriend who resides in New York. The ex claims that the baby is not his and that he already took the DNA test and the results came out negative but that he refuses to give her a copy of the test. The baby has not been registered nor does she have a birth certificate. What are the steps on bringing a fiancee with a baby whom is not blood related with the petitioner to the U.S? Would it be wise for her to register the baby and claim him as the father although he is not? Thanks in advance!

Edited by Erik And Anum

Share this post


Link to post
Share on other sites

The baby is related to the foreign fiance, right? He simply files for a K-2 visa. He should not try to defraud anyone and pretend the baby is his. They will do DNA tests.


AOS for my husband
8/17/10: INTERVIEW DAY (day 123) APPROVED!!

ROC:
5/23/12: Sent out package
2/06/13: APPROVED!

Share this post


Link to post
Share on other sites

Yea the baby is related to the foreign fiancee.

Yeah, K-2 visa. Very simple. People petition for fiances and their kids all of the time.


AOS for my husband
8/17/10: INTERVIEW DAY (day 123) APPROVED!!

ROC:
5/23/12: Sent out package
2/06/13: APPROVED!

Share this post


Link to post
Share on other sites

Yeah, K-2 visa. Very simple. People petition for fiances and their kids all of the time.

Ohh ok does this apply even to kids whom are not blood related to the petitioner? Is there a guide where I can send to his email to go over with? Thanks for your response!

Share this post


Link to post
Share on other sites

Ohh ok does this apply even to kids whom are not blood related to the petitioner? Is there a guide where I can send to his email to go over with? Thanks for your response!

Yes, of course it applies. Like I said, people petition for their fiances with their fiances kids from a previous marriage (their future step-kids) all of the time. There are plenty of people on this site who have done so. I will let them apply with the specifics, but it's the same petition, and the K-2 is applied for at the consulate phase.

FWIW, the petitioner's kids are generally USCs by birth, and do not need visas.


AOS for my husband
8/17/10: INTERVIEW DAY (day 123) APPROVED!!

ROC:
5/23/12: Sent out package
2/06/13: APPROVED!

Share this post


Link to post
Share on other sites

Ohh ok does this apply even to kids whom are not blood related to the petitioner? Is there a guide where I can send to his email to go over with? Thanks for your response!

It will be country specific. If the biological father has acknowledged the child as his, he may have certain rights that need to be respected. However, if the child was born and/or conceived outside of marriage, that is probably not likely.

http://www.uscis.gov/vgn-ext-templating/v/index.jsp?vgnextoid=86493e4d77d73210VgnVCM100000082ca60aRCRD&vgnextchannel=86493e4d77d73210VgnVCM100000082ca60aRCRD

http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=640a3e4d77d73210VgnVCM100000082ca60aRCRD&vgnextchannel=640a3e4d77d73210VgnVCM100000082ca60aRCRD#

Edited by ☼

Share this post


Link to post
Share on other sites

FWIW, the petitioner's kids are generally USCs by birth, and do not need visas.

Yea the father is a U.S Citizen but he hasn`t claimed the child as his. He took the DNA Test which came out negative but refuses to hand his ex g/f a copy of the test. She is going to apply for a Birth Certificate for her child would it still be necessary for her to put the real father`s name and claim it as his on the Birth Certificate? If so what if she doesn`t have proof of the DNA test?

Share this post


Link to post
Share on other sites

If the DNA test for the USC father (the ex-bf) is negative, or even if it is positive and she has no proof of it, and he refuses to acknowledge the baby and file for its passport, then the baby will not be able to claim USC at birth. If the DNA test is actually negative then that guy is not the father, so I am confused why she is pursuing this. The mother can try to work this out in the courts if she wants if she thinks he is the father but this will all take time.

What to do with the birth certificate, as stated above, is country-specific. She should contact someone there familiar with the laws for a child born out of wedlock.

I am a bit worried about your friend, though. This woman seems to be jumping from USC to USC pretty fast, with infant in tow.

Edited by Harpa Timsah

AOS for my husband
8/17/10: INTERVIEW DAY (day 123) APPROVED!!

ROC:
5/23/12: Sent out package
2/06/13: APPROVED!

Share this post


Link to post
Share on other sites

If the DNA test for the USC father (the ex-bf) is negative, or even if it is positive and she has no proof of it, and he refuses to acknowledge the baby and file for its passport, then the baby will not be able to claim USC at birth. If the DNA test is actually negative then that guy is not the father, so I am confused why she is pursuing this. The mother can try to work this out in the courts if she wants if she thinks he is the father but this will all take time.

What to do with the birth certificate, as stated above, is country-specific. She should contact someone there familiar with the laws for a child born out of wedlock.

I am a bit worried about your friend, though. This woman seems to be jumping from USC to USC pretty fast, with infant in tow.

Thanks for your help. Yea now that you mentioned it, it does seem fishy. I`m afraid to make any judgements where he would take it personal.

Share this post


Link to post
Share on other sites

My husband petitioned for my daughter (who is not his, was 14 at teh time) . This is a normal procedure to bring a future step-child. They should absolutely be honest and NOT try to claim false parentage.

The mother needs to be sensible and register her child's birth in her own country. She will need the birth certificate in order to bring the child here on the K2


Wiz(USC) and Udella(Cdn & USC!)

Naturalization

02/22/11 - Filed

02/28/11 - NOA

03/28/11 - FP

06/17/11 - status change - scheduled for interview

06/20?/11 - received physical interview letter

07/13/11 - Interview in Fairfax,VA - easiest 10 minutes of my life

07/19/11 - Oath ceremony in Fairfax, VA

******************

Removal of Conditions

12/1/09 - received at VSC

12/2/09 - NOA's for self and daughter

01/12/10 - Biometrics completed

03/15/10 - 10 Green Card Received - self and daughter

******************

Share this post


Link to post
Share on other sites

The way I understand it, if you put the dad's name on the birth certificate, you automatically give him a saying. That could get complicated on many levels - there have been cases when the father didn't allow for the mother and child to leave the country and settle in the US.

The simplest way would be not to put any name on it, so that the child is hers and hers alone. Then, the US petitioner should fill a K1 for her + K2 for the baby. Later on, he could even adopt the child, if he so wishes.



USCIS [*] 22 Nov. 2011 - I-129 package sent; [*] 25 Nov. 2011 - Package delivered; [*] 25 Nov. 2011 - NOA1/petition received and routed to the California Service Center; [*] 30 Nov. 2011 - Touched/confirmation though text message and email; [*] 03 Dec. 2011 - Hard copy received; [*]24 April 2012 - NOA2 (no RFEs)/text message/email/USCIS account updated; [*] 27 April 2012 - NOA2 hard copy received.

NVC [*] 14 May 2012 - Petition received by NVC ; [*] 16 May 2012 - Petition left NVC.

EMBASSY [*] 18 May 2012 - Petition arrived at the US Embassy in Bucharest; [*] 22 May 2012 - Package 3 received; [*] 24 May 2012 - Package sent to the consulate, interview date set; [*] 14 June 2012 - Interview date, approved.

POE [*] 04 July 2012 - Minneapolis/St.Paul. [*] 16 September 2012 - Wedding Day!

AOS/EAD/AP [*] 04 February 2013 - AOS/EAD/AP package sent; [*] 07 February 2013 - AOS/EAD/AP package delivered; [*] 12 February 2013 - NOA1 text messages/emails; [*] 16 February 2013 - NOA1 received in the regular mail; [*] 28 February 2013 - Biometrics letter received (appointment date, March 8th); [*] 04 March 2013 - Biometrics walk-in completed (9 out of 10 fingerprints taken, pinky would not give in); [*] 04 April 2013 - EAD/AP card approved; [*] 11 April 2013 - Combo card sent/tracking number obtained; [*] 15 April 2013 - Card delivered.

[*] 15 May 2013 - Moved from MN to LA; [*] 17 May 2013 - Applied for a new SS card/filed an AR-11 online (unsuccessfully), therefore called and spoke to a Tier 2 and changed the address; [*] 22 May 2013 - Address updated on My Case Status (finally can see the case numbers online); [*] 28 May 2013 - Letter received in the mail confirming the change of address; [*] 31 July 2013 - Went to Romania; [*] 12 September 2013 - returned to the US using the AP, POE Houston, everything went smoothly; [*] 20 September 2013 - Spoke to a Tier2 and put in a service request; [*] 23 September 2013 - Got "Possible Interview Waiver" letter (originally sent on August, 29th to my old address, returned and re-routed to my current address); [*] 1 October 2013 - Started a new job.

event.png

Trying to get the word out about our struggles:

http://voices.yahoo.com/almost-legal-citizen-but-not-quite-12155565.html?cat=9

Share this post


Link to post
Share on other sites

Hey guys! I have a friend who just got engaged in the Dominican Republic with his fiancee. He has consulted with 3 different lawyers but they all gave him 3 different answers which has confused him even more. The situation is that his fiancee has a 6 month old baby girl. The baby doesn`t belong to my friend but to his fiancee`s ex boyfriend who resides in New York. The ex claims that the baby is not his and that he already took the DNA test and the results came out negative but that he refuses to give her a copy of the test. The baby has not been registered nor does she have a birth certificate. What are the steps on bringing a fiancee with a baby whom is not blood related with the petitioner to the U.S? Would it be wise for her to register the baby and claim him as the father although he is not? Thanks in advance!

I will play devils advocate. Lets say that the baby does belong to your friends fiance. In that case the baby is automatically entitled to US Citizenship. Lets also say that the fiances ex boyfriend has some criminal past. He knows that he cannot perform a petition due to his criminal past. The fiance might be playing games with the petitioner. After the fiance arrives and gets her removal of conditions she is free to divorce and seek out her babies father. This is one scenario that could play out here. This is a very bad scenario but very possible. If this is not the truth then tell your friend to file the birth certificate with the baby as illegitimate. This will eliminate many headaches with USCIS and the State Department.


event.png

event.png

Share this post


Link to post
Share on other sites
 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
Sign in to follow this  
- Back to Top -


Important Disclaimer: Please read carefully the Visajourney.com Terms of Service. If you do not agree to the Terms of Service you should not access or view any page (including this page) on VisaJourney.com. Answers and comments provided on Visajourney.com Forums are general information, and are not intended to substitute for informed professional medical, psychiatric, psychological, tax, legal, investment, accounting, or other professional advice. Visajourney.com does not endorse, and expressly disclaims liability for any product, manufacturer, distributor, service or service provider mentioned or any opinion expressed in answers or comments. VisaJourney.com does not condone immigration fraud in any way, shape or manner. VisaJourney.com recommends that if any member or user knows directly of someone involved in fraudulent or illegal activity, that they report such activity directly to the Department of Homeland Security, Immigration and Customs Enforcement. You can contact ICE via email at Immigration.Reply@dhs.gov or you can telephone ICE at 1-866-347-2423. All reported threads/posts containing reference to immigration fraud or illegal activities will be removed from this board. If you feel that you have found inappropriate content, please let us know by contacting us here with a url link to that content. Thank you.
×