I-130 DENIAL HELP

[GREG I 0]

MY DAUGHTER 5 YEARS OLD GOT HER I-130 DENIAL AUG 10 2012 AND MY WIFE GOT HER I-130 APPROVED AUG 9 2012 I HAVE BEEN CALLING USCIS EVERY WEEK SINCE AUG 9 THE WEB SITE SAID FOR MY DAUGHTER THEY WAS STILL MAKING A DECISION THEY FINALLY POST SEPT 6 THAT SHE GOT DENIDED ON AUG 10 BUT I NEVER GOT A LETTER OR ANYTHING NOW THEY SAY THEY ARE SENDING THE DENIAL NOTICE BY THE TIME I GET THIS LETTER IT WILL BE PAST 30 DAYS AND I WONT HAVE THE OPTION TO APPEAL WHAT CAN I DO PLEASE I NEED SOME ADVISE

[aleful 1,905]

MY DAUGHTER 5 YEARS OLD GOT HER I-130 DENIAL AUG 10 2012 AND MY WIFE GOT HER I-130 APPROVED AUG 9 2012 I HAVE BEEN CALLING USCIS EVERY WEEK SINCE AUG 9 THE WEB SITE SAID FOR MY DAUGHTER THEY WAS STILL MAKING A DECISION THEY FINALLY POST SEPT 6 THAT SHE GOT DENIDED ON AUG 10 BUT I NEVER GOT A LETTER OR ANYTHING NOW THEY SAY THEY ARE SENDING THE DENIAL NOTICE BY THE TIME I GET THIS LETTER IT WILL BE PAST 30 DAYS AND I WONT HAVE THE OPTION TO APPEAL WHAT CAN I DO PLEASE I NEED SOME ADVISE

no, you have 30 days from the date you receive the written notice in the mail. so, once you receive the letter in the mail, and you know the reason for the denial, then you can decide what to do.

[VanessaTony 3,567]

You called her "your daughter". is she your biological child?

[GREG I 0]

You called her "your daughter". is she your biological child?

NO SHE IS MY STEP DAUGHTER BUT I AM THE ONLY FATHER SHE HAS SINCE SHE WAS 2 YEARS OLD

[GREG I 0]

no, you have 30 days from the date you receive the written notice in the mail. so, once you receive the letter in the mail, and you know the reason for the denial, then you can decide what to do.

DO THEY EVER OVERTURN A DENIAL NOTICE AND THANKS FOR THE REPLY I AM GOING TO GET A LAWYER AS SOON AS I GET THE DENIAL NOTICE THANKS GOD BLESS YOU

[VanessaTony 3,567]

NO SHE IS MY STEP DAUGHTER BUT I AM THE ONLY FATHER SHE HAS SINCE SHE WAS 2 YEARS OLD

Please stop typing in caps, it's considered "yelling".

okay. If she were your biological child that would explain the denial. You're going to have to wait until you get the letter.

[francine ann 0]

may i ask u if your step daughter using your last name? because that is my problem i am worried if we start doing our papers they will get denied my son i was pregnant with my son when my husband (boyfriend that time) still want to marry me eventhough he knows i am pregnant with my ex. we got married. when the time i gave birth i put my husband name as a father in my baby birthcerth,do u think its gonna be a problem when we start doing our visa's i have a baby with him now and until now we still in philippines because i am too scared that it will gonna be a problem

[VanessaTony 3,567]

may i ask u if your step daughter using your last name? because that is my problem i am worried if we start doing our papers they will get denied my son i was pregnant with my son when my husband (boyfriend that time) still want to marry me eventhough he knows i am pregnant with my ex. we got married. when the time i gave birth i put my husband name as a father in my baby birthcerth,do u think its gonna be a problem when we start doing our visa's i have a baby with him now and until now we still in philippines because i am too scared that it will gonna be a problem

yes it will be a problem. Correct the birth certificate. When (and if) they ask for a DNA test to get the baby USC you'll fail. It's a lie. Fix it.

[aaron2020 11,651]

may i ask u if your step daughter using your last name? because that is my problem i am worried if we start doing our papers they will get denied my son i was pregnant with my son when my husband (boyfriend that time) still want to marry me eventhough he knows i am pregnant with my ex. we got married. when the time i gave birth i put my husband name as a father in my baby birthcerth,do u think its gonna be a problem when we start doing our visa's i have a baby with him now and until now we still in philippines because i am too scared that it will gonna be a problem

Yes, you have a VERY BIG PROBLEM. Your child's birth certificate contains false information. Your husband is not the father. He is the stepfather.

You need to correct the birth certificate.

If the US Embassy requires a DNA test, you guys are in big trouble when the DNA does not match up between your husband and your child. The US Embassy may suspect fraud and deny the case.

It is a material misrepresentation for your husband to submit a document with information he knows to be false. This should be taken very seriously.

As a US citizen, any child of his born outside the US would be entitled to US citizenship. The US Embassy will not issue a visa to his child when his child is already a US citizen. However, the child is not really his. So, he can't claim US citizenship for the child. You see the problem, right? NO VISA BECAUSE CHILD HAS CLAIM TO US CITIZENSHIP BASED ON THE FALSE BIRTH CERTIFICATE. HOWEVER, CHILD IS NOT HIS SO HE CAN'T APPLY FOR CRBA AND US PASSPORT FOR THE CHILD USING A BIRTH CERTIFICATE THAT HAS FALSE INFORMATION.

You need to correct the birth certificate.

Your husband should NEVER EVER send in documents with information he knows to be false. If the US Embassy suspect fraud, the US could deny the case for your child and also the case for you because your petitioner husband was involved in fraud.

Edited September 11, 2012 by aaron2020

[francine ann 0]

we are not going to apply him (my son) a US citizen..we are going to explain to them our situation by sending them a letter together with our packet,we have no plan to hide it.USCIS should know the truth..we just hope they will not going to deny my son because of his case,hope they just gonna ask us to correct it.

[milimelo 4,268]

we are not going to apply him (my son) a US citizen..we are going to explain to them our situation by sending them a letter together with our packet,we have no plan to hide it.USCIS should know the truth..we just hope they will not going to deny my son because of his case,hope they just gonna ask us to correct it.

Is there a reason you need to be told by the US embassy to fix the certificate vs. you doing it on your own initiative now - ie. knowing what's right?

Edited September 11, 2012 by milimelo

[francine ann 0]

Is there a reason you need to be told by the US embassy to fix the certificate vs. you doing it on your own initiative - ie. knowing what's right? Sounds like you are looking to add more waiting time to the completion of the process.

we're not saying that we are going to tell them about going to fix my son BC.,my husband goin to send them a letter explaining about our son case to why my son using his last name and put his name in his BC and explaining to them he is the only father my son know even before my son was born..its not gonna harm us on trying might the USCIS still approved our petition by telling them the truth.my husband been calling and even had an appointment to USCIS about this case. and everyone of them giving us a hope,they told us to send a letter to them(USCIS)( explaning everything) including to our packet and they even told him they not see any problem why they going to deny my son,.we did not fix his birthcerth for now it is because the hope they might approve him.god will make a way he will work through this process.god bless us all!

[aaron2020 11,651]

we are not going to apply him (my son) a US citizen..we are going to explain to them our situation by sending them a letter together with our packet,we have no plan to hide it.USCIS should know the truth..we just hope they will not going to deny my son because of his case,hope they just gonna ask us to correct it.

Your plan is the wrong plan.

If your husband is not claiming US citizenship for your son based on the false birth certificate, then he must plan on filing an I-130. There are several problems with filing an I-130. Primarily, who are you going to list as the father and providing a true and accurate copy of your son's birth certificate. Your husband should not list himself as the father because he is not the father. Listing him as the father on the I-130 is potentially a material misrepresentation. Also, it is a bad idea to submit a document containing false information that you provided to the Philippines government as the truth. If you lied to one government, why should the US government believe the information in your immigration petition.

You need to take steps to correct your mistake. You can't successfully explain away providing false information on your son's birth certificate. It would be wise to correct the information and only submit a birth certificate containing the correct information.

[aaron2020 11,651]

we're not saying that we are going to tell them about going to fix my son BC.,my husband goin to send them a letter explaining about our son case to why my son using his last name and put his name in his BC and explaining to them he is the only father my son know even before my son was born..its not gonna harm us on trying might the USCIS still approved our petition by telling them the truth.my husband been calling and even had an appointment to USCIS about this case. and everyone of them giving us a hope,they told us to send a letter to them(USCIS)( explaning everything) including to our packet and they even told him they not see any problem why they going to deny my son,.we did not fix his birthcerth for now it is because the hope they might approve him.god will make a way he will work through this process.god bless us all!

Why would the US government believe you when you are admitting that you lied to the Philippines government?????

Your plan will backfire on you because you will provide the false birth certificate and admit to providing false information.

[francine ann 0]

Why would the US government believe you when you are admitting that you lied to the Philippines government?????

Your plan will backfire on you because you will provide the false birth certificate and admit to providing false information.

im sorry sir?! as far as me and my husband's concern we are doing the right thing,if not why he even had an appointment to USCIS? just to let them know about our case?..we are basing of what they telling us to do. like what im trying to say here the hope that they giving us is enough to start doing our papers.if they deny my son or they want us the to do the right thing like correct my son's BC we will do it,but its not gonna harm us on trying...god will guide us..thankyou for all the advice and comment