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JimmyColorado

I-130 spouse child illegitimate

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My spouse and her child live in the Philippines and I am a US citizen living in USA. We have been married two years and after 4  visits it's time to bring her, and her 7 year old son Stateside



I will fill out I-130 forms for both.



1) do I have to pay double the fee $535 X 2 ?



2) Should I include form I-130A  with the initial filing package, or can that wait ?



2) Are there any other forms ( not documents, we have those) that should be included in the initial package? ....it sometimes gets confusing.



3) Her son's father is nowhere to be found and is not listed on his birth certificate. Is it okay to proceed with his birth certificate showing "father unknown" or is there additional documentation the USCIS will require ?  ( her son's natural father would be impossible to track down and there's been no contact with him his entire life)



I don't want to adopt him until he gets to the States because I understand it can be a nightmare to do it in the Philippines.



I would like to thank you for any responses and for helping me in this matter.



James S



 

Edited by Ryan H
Reason for edit: to remove full name.

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1) YES

2) YES 

3) G-1145 (not a must though)

4) to write "Father Unknown" is fine

5) You don't need to adopt the child officially for immigration purposes, he is "a child of US citizen" for the USCIS because you are married to his mother.

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2 hours ago, portorusa said:

1) YES

2) YES 

3) G-1145 (not a must though)

4) to write "Father Unknown" is fine

5) You don't need to adopt the child officially for immigration purposes, he is "a child of US citizen" for the USCIS because you are married to his mother.

Sort of.  He's a stepchild of a US Citizen, for US immigration purposes.

 

As for the father.  If they were not married, his name will not be on the birth certificate AND he has no parental rights.  However, unless he is really UNKNOWN to the mother, his name and information should be provided where it's asked for.  If his present residence is unknown, that's not a problem.  Please excuse my direct way of speaking, but to list the father of her child as "unknown" opens a whole other can of worms.  Do I really need to elaborate?


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Thank you PortoRUSA, and Pushbrk.

Your answers are very helpful.

Pushbrk , yes. Feel free to elaborate.

It kind of feels like putting the father's name on the i-130 might be what causes problems, but I'm not sure.

He is not on the birth certificate,  but would USCIS ever ask for a parental rights waiver be signed by the father, because his name is on the i-130 form?

But if he's  not on the i-130 or the birth certificate theres no way USCIS could ask for further documentation. What do you think?

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6 hours ago, JimmyColorado said:

Thank you PortoRUSA, and Pushbrk.

Your answers are very helpful.

Pushbrk , yes. Feel free to elaborate.

It kind of feels like putting the father's name on the i-130 might be what causes problems, but I'm not sure.

He is not on the birth certificate,  but would USCIS ever ask for a parental rights waiver be signed by the father, because his name is on the i-130 form?

But if he's  not on the i-130 or the birth certificate theres no way USCIS could ask for further documentation. What do you think?

OK, I'll elaborate.  Nobody would ever ask for a parental rights waiver for a child born out of wedlock in the Philippines BECAUSE USCIS and the Consular Officers already know that the father has no parental rights in the Philippines unless he is married to the mother when the child is born.

 

It sounds like you wife KNOWS who the father of her child is.  There is no question on the I-130 about the name of the father on the birth certificate.  It just asks for information about both parents.  If it is KNOWN, then entering unknown is a LIE.  NEVER lie on an immigration form or to an immigration official. PERIOD.

 

The elaboration is, that for a mother to actually SAY the SHE doesn't know who the father of her child is, would bring to mind she was (at the time of conception) either a total #######, or more likely (in the Philippines) a prostitute.  If a Consular Officer has reason to believe the visa applicant has engaged in Prostitution, they are INELIGIBLE for ANY visa to enter the USA.  It's actually entering UNKNOWN in the father's name field that CAUSES the problems.  (Lying and/or prostitution.)

 

Read carefully, interpret literally, and answer HONESTLY, every question associated with the US immigration process, no matter how uncomfortable any party involved might be to do so.


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Pushbrk

Thank you for elaborating.

Because I never thought of that angle. Yes of course she knows the father's name, so we will proceed as you've suggested. She'll put the father's name on the I30 and the birth certificate will still indicate illegitimate child and then she can explain at the interview which I will be attending with her.

JR

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1 minute ago, JimmyColorado said:

Pushbrk

Thank you for elaborating.

Because I never thought of that angle. Yes of course she knows the father's name, so we will proceed as you've suggested. She'll put the father's name on the I30 and the birth certificate will still indicate illegitimate child and then she can explain at the interview which I will be attending with her.

JR

She is unlikely to need to explain anything about the illegitimacy of the child.  The birth certificate is all the "explanation" they need.  No worries.


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14 minutes ago, JimmyColorado said:

You no maybe I'm naive LOL. Because I've been to the Philippines 4 times now to visit my wife for excellent family bonding, and I didn't see any prostitutes.

Or perhaps I saw them and I just didn't realize.

It depends on where you are visiting in the Philippines, but prostitution is not obvious to the eye.  In ANY country or culture, a woman who says she does not actually know who the father of her child is, would be...._______________ or ______________.  What kind of woman doesn't know who the father of her child is?  There are certainly legitimate answers, like a gang rape or something, but that is not the first thing that would come to an immigration official's mind. If there was a legitimate explanation, it would be good to provide it and document it, if possible.


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Pushbrk

Well this opened a can of worms with the wife. I've been messaging her all night saying I want to put her baby's daddy's name on the application while the birth certificate says "Unknown" where the father's name should be.

She got very emotional because she was abandoned by this guy and does not want to use his name on anything.

She's concerned that there will be a problem if she lists his name on there I-130 application but it does not correspond to the birth certificate because it says: Father : Unknown.

How do you feel about putting "abandoned" on the I-130 form where it asks for her child's father's name. That way it's not lying and could be further elaborated on if the interviewer chose to do so.

Your thoughts?

Jim

Edited by JimmyColorado
typo

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I do not recollect a space for what the Father did, just the name.


“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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Boiler

Do you also feel that it's okay to put the father's name on the i-130 even though it says "unknown" on the birth certificate? My wife really hates this guy because he abandoned them. She doesn't want his name on anything but they're asking for it on the i-130

Jim

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It asks for the Father's name

 

Asks for the birth Certificate.

 

Keep it simple.


“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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Our case was similar, not with a child but with my husband. We put his father's information anyways because it was known, even though he has never met him and even though I am unsure if his father is even on his birth certificate either, but I don't think he is. In my opinion, if you know, it's probably best to include it, even if it isn't on the birth certificate. If you put "unknown" when you do know, it's false information which is grounds for denial, and also just a total red flag, not a good idea. Also, putting "abandoned" shows them that you know but you are withholding information, that's another red flag. I understand she hates him but is it not better to put the information of a man she hates so that she can ensure the child can immigrate with her rather than risk her son not receiving a visa or having to start his process all over?

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