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Posted

Not putting the name would be fraud.

The last post was a lot of speculation on my part.

The basics are:

1 You need to disclose any names youve used- not doing so is fraud.

2 To bring a child with you on a visa, you need to prove you are the childs parent- so your name will have to be on the birth certificate in one form or another. Either you'll need proof your Guzman or it will have to show Santos.

3 You need to speak to a lawyer and determine if your first marriage is legal or not, because it will determine if your second one is valid which effects if you can get the visa, so get is resolved.

Thats it. Dont stress yourself out thinking about what if and dont try to find ways around the system. Its a tough situation, but its resolvable. Like I said I dont know the laws there. In the US, if you were married under a false name you could contact the court and have it declared a nullity rather easily. I dont know the procedure there. For a child with the wrong mothers name on a BC, you can obtain a DNA test and have the BC amended. That may be the solution, or showing proof you are Guzman may be the resolution. Again, a lawyer would have an answer for you.

Thank you!

Filed: Timeline
Posted

Just out of curiosity (and you dont have to answer if you dont want to) but does your husband know you were married before? And does he know the previous marriage was under a false name and was not annulled? Or that your first childs birth certificate displays a false name listed as the mothers name?

If hes going to be filing the forms soon and has begun to gather the information, these are things that are going to come up as hes going to need certain items from you to file. So you need to have this conversation if he does not know. If he does already have this information when he goes to enter it on the forms hes going to have a problem as there are key pieces missing or inaccurate.

Filed: IR-1/CR-1 Visa Country: China
Timeline
Posted

legally, you are married to your child's father.

sorry.

Sometimes my language usage seems confusing - please feel free to 'read it twice', just in case !
Ya know, you can find the answer to your question with the advanced search tool, when using a PC? Ditch the handphone, come back later on a PC, and try again.

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