I-130 Petition for Husband's Children - Have Not Mentioned Them in Previous Forms

[Jessica&Saana 0]

My husband is currently a permanent resident of the US.  He came over on a 129-f Fiance Visa.  He received his conditional green card in 2015.  We are now in the process of removing those conditions and he will receive his 10 year green card. 

 

He has 2 children in Ghana that we are wanting to petition for to come to the US in the next couple of years using a I-130 petition.  However, we have not included their names on any form thus far (we were under the (wrong) assumption that we had to include their names if we were also applying for their visas).  

 

I was hoping to get some insight on this.  Will this hurt us if we now apply for them when we haven't mentioned them before?  Will this hurt his permanent resident status? Any advice or insight is beyond helpful.  

Edited March 26, 2017 by Jessica&Saana
updated date of receiving conditional green card

[Jessica&Saana 0]

Addition:  We have yet to submit his paperwork to remove the conditions on his green card.  There is a section that asks for children information as well.  Should we add their names here?  Or would that just be for children we have had together?  

[deleted this acco 44]

That's a tricky question. I don't know the answer but anywhere it asked me to list my children l listed. Then l believe it asks in the same form if they are applying for benefits then l would check yes or no if they were. But concealing them first then turn around and say now you have kids. I'm not sure if it will be a problem.

[Hypnos 6,576]

Yes, you will likely be asked at some point why you failed to mention them before. 

 

It's also possible that he will be asked to submit to a DNA test to prove he is the childrens' natural father, especially being from MENA.

Edited March 26, 2017 by Hypnos

[Jessica&Saana 0]

1 minute ago, Hypnos said:

Yes, you will likely be asked at some point why you failed to mention them before. 

 

It's also possible that he will be asked to submit to a DNA test to prove he is the childrens' natural father, especially being from MENA.

Even if he is listed on their birth certificates?

 

And he's not from MENA, he's from West Africa.

[Hypnos 6,576]

Yes, because he didn't mention them before when he was supposed to. 

 

And Ghana is a high fraud embassy, so I'd be surprised if the DNA test wasn't requested for "new" children. 

[Unlockable 7,315]

Yes, it is possible to be asked for DNA even while listed on BC. They can ask for DNA at anytime to establish biological relationship between parent and kids. The reason it is more likely to happen with your husband is because they weren't previously mentioned. Immigration does their due diligence to cut down on fraud and child abduction (not saying that that is the case with you, just explaining the extra security measures).

[f f 725]

it is not just child abduction it is also for having a family pay to have thier child get to come to the us and have a shot at the American dream. 

[Auds 223]

DNA test should not be an issue if they are his real children - just accept it as part of the process...

 

Talk to a lawyer and don't rely on this forum for how to handle adding their names in - this could be seen as withholding information.  I think really now that you have realised your mistake - they should be included on all forms.

[IcezMan_IcezLady 582]

DNA test is a must if you are going through Ghana with children in the picture. it is not an IF , they will request for a DNA