I-129F hes not the biological father but he acknowledge the child

[nikadelosreyes 0]

He sign the birth certificate of my child.

[Ana88 6]

What is your question so we can help?

[nikadelosreyes 0]

Hi anna88 my fiance acknowledge my son, he is not the biological father he knows about it. What would be the possible problem? I read that we need the paternity test because we are not married before having a child.

[Ana88 6]

Are you the US citizen or him?

[nikadelosreyes 0]

He is the us citizen. He file I 129F we are worried that we cannot bring the child

[Ana88 6]

I'm guessing he is the US citizen and you plan on moving to the USA with your son. Which would mean you need to fill a K2 when you get to the Visa stage.

From my experience I have a son with a different father to my fiance who is US citizen. I need nothing in regards to my son and fiance. But this could be different if he is on birth cert. Anyway for my son to be allowed to leave Ireland and move with me I have to go to a lawyer and get a letter sign by me and my sons father and the lawyer that confirms his biological father gives me permission.

I don't know what country you are from so you really need to check with the US embassy and our a lawyer in your country. I don't know the laws but if you remove a child from country of birth it could lead to trouble with biological father now or years to come.

With a little more info on your situation maybe I or someone from the same country could help some more

When you file a petition you need to ensure the child's name is on the petition under children of beneficiary. Once you get to visa stage you will get info for K1 and K2.

What rights if any does your country give to a biological father of said child. Does he have any as of now?

[nikadelosreyes 0]

Thank you ana88 for taking time to help. Im from Philippines. I dont know where's my child biological father lives.

[Ana88 6]

No problem, you definitely need to find out the laws for your country as here, I either need a letter on permission witnessed and sign by lawyer and biological father, but if there is no relationship during the lifetime of said child there is other legal stuff I would have to do.

So if you can speak to a family lawyer in your country as I did here and check with US embassy there too.

Here if I did not do anything legal wise my sons father could have me arrested for abducted etc even if he said verbally it was OK or he was not around in the child's life, if there is no legal document it doesn't matter.

So 100% check with lawyer before doing anything for Visa. You will definitely be able to take your child with you as long as you added child on to petition for visa you will just need some legal work too :)

[Merrytooth 5,748]

If the US citizen signed birth certificate (when he is not the biological father), the US consulate might think that the child has claims to US citizenship when in fact it is not.

Will complicate the visa issuance for the child.

OP, you should go post in the Philippines subforum for better answer.

Edited September 16, 2014 by Merrytooth

[NigeriaorBust 4,087]

If he signed the birth certificate and is not the son they may ask for a consular report of birth abroad and a DNA test. If the test comes back he isn't the father the chid will be denied

[Ana88 6]

Yes as Merrytooth said check on in forum for members from the Philippines, as every country has different laws.

My experience is A from a different country and

B not dealing with the birth certificate issue as my fiance has no legal ties to my son as of yet.

I strongly advise legal advise no matter what info you get on here because he is on his birth cert so what steps you take could result in acceptance or denial. If any.

Edited September 16, 2014 by Ana88

[nikadelosreyes 0]

@NigeriaorBurt I told my fiance about it. He still want to stick to the plan and if its really need to have paternity test and the result that he is not the father thats the time we tell the true story that he is not the father.

[belinda63 2,981]

This could go two ways.

1. You have the birth certificate corrected which will take time and money. I believe in the Philippines since the birth father is not on the certificate the mother has sole custody and does not need permission to take the child out of the country.

2. Apply for a CRBA knowing you both will be filing false documents and hope they do not request a DNA test. If, at any point in the future, they find out you lied to obtain USC for the child all three of you could be in really big legal trouble.

My recommendation is to have the birth certificate corrected.

[nikadelosreyes 0]

@ana88 and @merrytooth im new to this site still figuring out where is philippines subforum here

[nikadelosreyes 0]

Thank you very much @belinda63