Derivative to follow

[katia baby 7]

Hi, I need your help

I am  a beneficiary of an LPR. I have 2 kids, 10 and 12 yo that was not included in the original petition. 

I am currently at NV stage. AOS and visa fees paid. I am in the process of filling out the IV application and there is a question about children to which I answer yes.

1-      I need to know if adding the name of my children on the visa application will cause any delay in processing time.

2-      If I choose not traveling with me, but will join in the future Do we have to pay the visa fee now cause my father said he will not be able to pay the visa fees for my two kids now.

Please your help will be greatly appreciated, thanks

[arken 4,197]

1. You have to provide your children’s info wherever it asks regardless. If they were already born and not listed in your i130, that may become an issue.

 

2. Follow to join can be used to have visa interview scheduled for a later date so can go with no payment for visa fees for the children and no visa interview at this time.

[Lucky2Lucky 2,526]

53 minutes ago, katia baby said:

Hi, I need your help

I am  a beneficiary of an LPR. I have 2 kids, 10 and 12 yo that was not included in the original petition. 

I am currently at NV stage. AOS and visa fees paid. I am in the process of filling out the IV application and there is a question about children to which I answer yes.

1-      I need to know if adding the name of my children on the visa application will cause any delay in processing time.

2-      If I choose not traveling with me, but will join in the future Do we have to pay the visa fee now cause my father said he will not be able to pay the visa fees for my two kids now.

Please your help will be greatly appreciated, thanks

Were the kids NEVER listed or were they just not being petitioned at the time? 

[katia baby 7]

6 hours ago, Luckycuds said:

Were the kids NEVER listed or were they just not being petitioned at the time? 

They were not listed. My dad's brother filled out the I30 and did not put the kids' name .  

[Lucky2Lucky 2,526]

7 hours ago, katia baby said:

They were not listed. My dad's brother filled out the I30 and did not put the kids' name .  

I’m not sure if it’s too late to amend the initial application ; I hope for your sake this can be fixed before the visa is issued otherwise that would be a huge problem.  maybe someone can chime in. @geowrian? There was a lie on the application and I’m curious if this could lead to a misrepresentation? It doesn’t matter who filled out the application. One I will assume your uncle knew you had children and regardless two he needed to clarify with you or father the document was complete. Additionally your father signed it and had a responsibility to tell the truth- he lied on an official USgovernment document.

 

1. adding the children to the ds160 wouldn’t be the cause of a delay in processing: the lie of having no children would be the cause. 

2. Currently the children don’t exist so there is no fee to pay.

[geowrian 22,337]

What visa category is this for? Alternatively, what is the relationship between petitioner and beneficiary, and what is the petitioner's status (USC or LPR)?

I ask because your profile shows IR-2, which is for a child of a USC. But you said you are "beneficiary of an LPR and asking about derivitives.

The above is important with regards to children/derivitives.

 

You would certainly not be the first person who did not list children on the petition. It can be corrected afterwards.

The omission shouldn't be a material misrepresentation here because of at least 1) you will correct it beforehand on your own (timely retraction), and 2) the petition is the petitioner's document...they would have been the one who made a misrepresentation, not you.

If somebody - for example - also didn't list children on the visa application, then things may be very different.

 

It may or may not result in some additional scrutiny by the CO if they believe the children were being hidden.

[katia baby 7]

11 hours ago, geowrian said:

What visa category is this for? Alternatively, what is the relationship between petitioner and beneficiary, and what is the petitioner's status (USC or LPR)?

I ask because your profile shows IR-2, which is for a child of a USC. But you said you are "beneficiary of an LPR and asking about derivitives.

The above is important with regards to children/derivitives.

 

You would certainly not be the first person who did not list children on the petition. It can be corrected afterwards.

The omission shouldn't be a material misrepresentation here because of at least 1) you will correct it beforehand on your own (timely retraction), and 2) the petition is the petitioner's document...they would have been the one who made a misrepresentation, not you.

If somebody - for example - also didn't list children on the visa application, then things may be very different.

 

It may or may not result in some additional scrutiny by the CO if they believe the children were being hidden.

My father is the petitioner and is an LPR.  

[katia baby 7]

16 hours ago, Luckycuds said:

I’m not sure if it’s too late to amend the initial application ; I hope for your sake this can be fixed before the visa is issued otherwise that would be a huge problem.  maybe someone can chime in. @geowrian? There was a lie on the application and I’m curious if this could lead to a misrepresentation? It doesn’t matter who filled out the application. One I will assume your uncle knew you had children and regardless two he needed to clarify with you or father the document was complete. Additionally your father signed it and had a responsibility to tell the truth- he lied on an official USgovernment document.

 

1. adding the children to the ds160 wouldn’t be the cause of a delay in processing: the lie of having no children would be the cause. 

2. Currently the children don’t exist so there is no fee to pay.

 Will you please stop the assumption. My uncle did not know about the children as he has never met me. He was just trying to help my father to do right by me.  

I was just asking for advice, I did come to the forum to be judged and crucified.

[geowrian 22,337]

29 minutes ago, katia baby said:

My father is the petitioner and is an LPR.  

And you are - and have been - unmarried the entire time he petitioned you? If so, then there shouldn't be an issue.

They will need to know about the revisions needed on the petition. If NVC can't do it directly, let the CO at the interview know and they should be able to fix it.

I doubt there would be a misrep issue here, as noted previously, due to it likely not being a material misrepresentation (the petition is not approved or denied beacause of your children).

 

I'm assuming you have written permission (or a court order) for the children to immigrate. If not, keep in mind this will likely be needed when they immigrate (local laws apply).

 

17 minutes ago, katia baby said:

He was just trying to help my father to do right by me.  

I get that, but also please realize that your father signed the I-130 under penalty of perjury ("I certify, under penalty of perjury, that all of the information in my petition and any document submitted with it were provided or authorized by me, that I reviewed and understand all of the information contained in, and submitted with, my petition, and that all of this information is complete, true, and correct.").

While likely not an issue in this particular case - since children are immaterial to the legal relationship here - misrepresentations certainly could have been a very serious issue.

Had it been something like marital status instead of children, there would have significant consequences.

[Lucky2Lucky 2,526]

6 hours ago, katia baby said:

 Will you please stop the assumption. My uncle did not know about the children as he has never met me. He was just trying to help my father to do right by me.  

I was just asking for advice, I did come to the forum to be judged and crucified.

With limited info yes, I made the assumption. However at the end of the day your father was responsible for making sure everything in the petition was correct in the petition and he swore to it; that was what I was trying to point out and maybe it didn’t come out correct. I was concerned this could have hurt the both of you so I asked someone with more knowledge to step in and help.

[kendelle 103]

15 hours ago, katia baby said:

 Will you please stop the assumption. My uncle did not know about the children as he has never met me. He was just trying to help my father to do right by me.  

I was just asking for advice, I did come to the forum to be judged and crucified.

I am sorry for the unconsidered response to your request for help. VJ is a great forum. People in this forum always do their best to help and i can testify to that. Although I am not familiar with the issue at hand, I think you should list the children on the visa application.  Good luck!!  

[katia baby 7]

15 hours ago, geowrian said:

And you are - and have been - unmarried the entire time he petitioned you? If so, then there shouldn't be an issue.

They will need to know about the revisions needed on the petition. If NVC can't do it directly, let the CO at the interview know and they should be able to fix it.

I doubt there would be a misrep issue here, as noted previously, due to it likely not being a material misrepresentation (the petition is not approved or denied beacause of your children).

 

I'm assuming you have written permission (or a court order) for the children to immigrate. If not, keep in mind this will likely be needed when they immigrate (local laws apply).

 

I get that, but also please realize that your father signed the I-130 under penalty of perjury ("I certify, under penalty of perjury, that all of the information in my petition and any document submitted with it were provided or authorized by me, that I reviewed and understand all of the information contained in, and submitted with, my petition, and that all of this information is complete, true, and correct.").

While likely not an issue in this particular case - since children are immaterial to the legal relationship here - misrepresentations certainly could have been a very serious issue.

Had it been something like marital status instead of children, there would have significant consequences.

Thanks for your response, my father did not believe I was his so he never bother to know anything about me. My uncle convinced him to petition for me. We had to do a DNA test even though it was not requested by USCIS to prove to him I was his son.