NEVER MENTIONED MY CHILD, HOW CAN SHE COME?

[S&Slacy 0]

Hello, I came on a k1 visa in August and am in process of Adjusting my status but I miss my daughter so much, I find hard time concentrating on anything, i want her to come join me but the problem is that my husband never mentioned her in the petition (we never thought deep about it because I couldn't access her) we were at longer heads with her Dad and I wasn't sure if he could allow her come since he had taken her away, at last he allowed me have her but I had already come to the US, how can I be able to bring my daughter in a shorter time?

And how long can it take to get her here?

Should I include her in my AOS?

Thank you and I gladly wait for feedback.

 

[Redheadguy03 505]

So you just ignored it on the application? Doesn't it ask for your  children on the application? Pretty sure it does and you just chose to ignore it. Which could mean issues. 

Edited December 15, 2018 by Redheadguy03

[debbiedoo 2,339]

The information is REQUIRED on the initial i129f, even if the children are not coming. My fiances adult children are listed, and not coming.

 

omission of this fact can be considered material misrepresentation.

 

you will have to file a cr130 for the child and go through the entire process for her. This will take a lot of cooperation on her fathers part regarding documents/ medical exam/ etc You will also have to address why she was not listed on the original petition and hope it does not cause issues.

 

How long it will take will depend on the age of the child. a little over a year for a minor (assuming there are no issues with the fact she was omitted on the K1) or several years for an adult child.

[NikLR 13,220]

People have successfully done a k2 for children not mentioned on the I-129F.  If it's within a year you can try this first then the I-130. 

[payxibka 10,044]

10 hours ago, debbiedoo said:

 

 

omission of this fact can be considered material misrepresentation.

 

 

 

Material misrepresentation is the act of intentional hiding or fabrication of a material fact which, if known to the other party, could have terminated, or significantly altered the basis of, a decision.

 

OP s fact patern does not rise to this level because the listing of the child would not have altered petition approval or the issuance of the k1

 

Edited December 16, 2018 by payxibka

[Websters202 149]

The question still needs to be answered:  How did you answer the question about children on the I29-f petition?

 

This could be considered material misrepresentation based on the embassy and country.

 

Going forward, it is advisable to be completely honest on all immigration papers to save yourself potential heartache in the end.

 

 

 

 

[lummo 61]

Just now, Websters202 said:

This could be considered material misrepresentation based on the embassy and country.

Seems to not be the case. See @payxibka's answer above.

[Websters202 149]

3 minutes ago, lummo said:

Seems to not be the case. See @payxibka's answer above.

You missed the important part of my response;  The decision of misrepresentation is embassy and country specific.

 

You may be better posting in your country's forum to see if anyone else from your country has been in the same circumstance and how their case went.  

[CEE53147 559]

When one makes an error as big as this one is, one should seek the assistance of an attorney in future filings so they do not further damage their case. This is not because the process if done correctly is difficult but because the petitioner and beneficiary obviously did not understand the rules and are at a high probability of further "mistakes".

Edited December 16, 2018 by CEE53147

[debbiedoo 2,339]

2 hours ago, payxibka said:

 

Material misrepresentation is the act of intentional hiding or fabrication of a material fact which, if known to the other party, could have terminated, or significantly altered the basis of, a decision.

 

OP s fact patern does not rise to this level because the listing of the child would not have altered petition approval or the issuance of the k1

 

true.

 

still a pretty big thing to omit....

[payxibka 10,044]

1 hour ago, Websters202 said:

You missed the important part of my response;  The decision of misrepresentation is embassy and country specific.

 

You may be better posting in your country's forum to see if anyone else from your country has been in the same circumstance and how their case went.  

Us immigration,  us law.  Not country or embassy specific 

[Websters202 149]

29 minutes ago, payxibka said:

Us immigration,  us law.  Not country or embassy specific 

To be clear, I never said this was not the law.  I'm merely letting the OP know that there is a such thing known as discretion in the law.

 

The bottom line is some people have success when they omit their children and some people don't.  It doesn't mean the law has changed or doesn't exist, it just means that discretion is used differently.

 

This should be made clear when advising people as you'd never want to present a guarantee to someone when discretion is involved.

 

 

Edited December 16, 2018 by Websters202

[payxibka 10,044]

12 minutes ago, Websters202 said:

To be clear, I never said this was not the law.  I'm merely letting the OP know that there is a such thing known as discretion in the law.

 

The bottom line is some people have success when they omit their children and some people don't.  It doesn't mean the law has changed or doesn't exist, it just means that discretion is used differently.

 

This should be made clear when advising people as you'd never want to present a guarantee to someone when discretion is involved.

 

 

My issue is that several people (including yourself) have incorrectly and very loosely used the term that the omission is a  "material misrepresentation" which couldn't be further from fact.  A finding of material misrepresentation results in a visa applicant receiving a permanent ban from entering the USA.  Are you inferring that the child will be permanently banned?  Will the OP's K-1 be rescinded because of this?  

 

The OP may be precluded from exercising  K2 FTJ but it is NOT as a result of a material misrep.  If they are unable to exercise FTJ, and the USC stepparent relationship to the child was created before the age of 18, then the USC files an I-130 for an IR visa.  End of story.

Edited December 16, 2018 by payxibka

[Websters202 149]

20 minutes ago, payxibka said:

My issue is that several people (including yourself) have incorrectly and very loosely used the term that the omission is a  "material misrepresentation" which couldn't be further from fact.  A finding of material misrepresentation results in a visa applicant receiving a permanent ban from entering the USA.  Are you inferring that the child will be permanently banned?  Will the OP's K-1 be rescinded because of this?  

 

The OP may be precluded from exercising  K2 FTJ but it is NOT as a result of a material misrep.  If they are unable to exercise FTJ, and the USC stepparent relationship to the child was created before the age of 18, then the USC files an I-130 for an IR visa.  End of story.

If you want to pick apart what I said, please do so correctly.  My first post used the word "could", there was no definitive language used by myself.

 

So let's focus on trying to help the OP with all possible scenarios so they can be prepared just in case this isn't as cut and dry as some would like to make it.

 

And BTW, this could have consequences down the line for her as there is AOS, removal of conditions, and possibly a citizenship application down the road.  Again, I used the word "could" so save your inaccurate corrections for somebody else needs it.

 

 

To the original OP:  Research all possibilities for yourself and do not take anything anyone says on here as 100% gospel truth for your situation.  I do wish you the best resolution to this situation.  

 

 

I'm done going back and forth.

 

Happy Holidays to you all.  

[wxman22 109]

5 hours ago, payxibka said:

 

Material misrepresentation is the act of intentional hiding or fabrication of a material fact which, if known to the other party, could have terminated, or significantly altered the basis of, a decision.

 

OP s fact patern does not rise to this level because the listing of the child would not have altered petition approval or the issuance of the k1

 

 

Yes. Great answer, but only for the Petitioner and Beneficiary. 

Does not change the fact, that now, to get Visa for a "non-existent" child, becomes a bit harder, because now the Child is a material fact, in that you are asking for a visa for them!