I have a very complicated situation with I129

[Rami679 1]

Hello everyone, 

 

I just started filling the I-129f with my partner.

there is a question if the fiancé has children.

well it’s really difficult to answer this question.

the fiancé is from Morocco lived in Ukraine, then moved to Germany and applied for refugee status in Germany, he now has a refugee status and residence in Germany.

back in Ukraine his ex GF, claimed that she’s pregnant from him and they registered the kid on his name, however after he moved to Germany the same GF called and told him that she wrong and he’s not the father, and she wants to remove the girl from his name. 
He sent a document from Germany, declaring that he agree to forfeit his parental rights. 
Due to the situation in Ukraine now, court is not working and girl with the kid moved to Slovakia.

Now what should the fiancé answer in the I129f form Yes or No , to question does the beneficiary have children? 
Also, the fiancé lost his Ukrainian permanent residence, should he still answer yes for question in D-160 “do you have a permanent residence in any other country”? 
if he answer NO, will that be an issue.

 

please help 

thank you in advance 

[Boiler 45,651]

First question, is this someone you have met. Physically.

 

He is on the birth certificate until he is not.

 

Sounds like he is not a Ukrainian resident.

[Rami679 1]

1 minute ago, Boiler said:

First question, is this someone you have met. Physically.

 

He is on the birth certificate until he is not.

 

Sounds like he is not a Ukrainian resident.

My BF is from Morocco, he lived in Ukraine and now he’s living in Germany with a refugee status,  working as an engineer. He’s on the birth certificate of the kid and still trying to remove his name. 
He doesn’t know where the kid is living now and hasn’t any contact with mother. 
 

 

[Mike E 11,740]

Did he sign the birth certificate?

[Rami679 1]

Yes he signed, and 1 year later she told him that she is not his daughter. He was going to go to Ukraine to do DNA TEST but due to the situation, everything is canceled now. 
so what should he answer? 

[Rami679 1]

3 minutes ago, Mike E said:

Did he sign the birth certificate?

Yes he signed, and 1 year later she told him that she is not his daughter. He was going to go to Ukraine to do DNA TEST but due to the situation, everything is canceled now. 
so what should he answer? 

[Mike E 11,740]

6 minutes ago, Rami679 said:

Yes he signed, and 1 year later she told him that she is not his daughter. He was going to go to Ukraine to do DNA TEST but due to the situation, everything is canceled now.

I thought the child is in Slovakia ? Why would he go to  Ukraine to do a drug store cheek swab of someone who isn’t there?

Quote

 

so what should he answer? 

I think you should answer yes he has a child.    
 

The legal system can remove his paternal claim later.  Or it might never.  But until then he has paternity. 

Edited March 1, 2022 by Mike E

[powerpuff 6,723]

~ Topic moved from K1 Progress Reports to Process ~
 

The answer is Yes since court proceedings/DNA test did not happen yet. 

[Rami679 1]

10 minutes ago, powerpuff said:

~ Topic moved from K1 Progress Reports to Process ~
 

The answer is Yes since court proceedings/DNA test did not happen yet. 

Do you know if the kid will still get K2 visa, because I don’t want to make K2 visa for the kid, especially when it’s not my fiancé’s kid and is the mother of the kid will get any kind of visa?  Thank you 

[powerpuff 6,723]

Just now, Rami679 said:

Do you know if the kid will still get K2 visa, because I don’t want to make K2 visa for the kid, especially when it’s not my fiancé’s kid and is the mother of the kid will get any kind of visa?  Thank you 

You choose whether or not you will file for K2, it’s not an automatic thing. No, the mother is not entitled to any kind of visa 

[JeanneAdil 6,539]

7 minutes ago, Rami679 said:

Do you know if the kid will still get K2 visa, because I don’t want to make K2 visa for the kid, especially when it’s not my fiancé’s kid and is the mother of the kid will get any kind of visa?  Thank you 

If u do not apply for a K2 visa for the child , he won't get one

and if u have no contact with the mother,  u would not have the birth certificate or other info to apply for K2

but if this is his child, he needs to support the baby 

 

he will need the 2 criminal reports from Moroc when he interviews  

des casiers judiciaires from Rabat

and

a "fiche anthropomtrique" at the local police office.

along with the criminal report from Germany

 

how long have u known him

and how much time have u spent together 

these are the two things important for the interview

Edited March 1, 2022 by JeanneAdil

[Rami679 1]

Just now, JeanneAdil said:

If u do not apply for a K2 visa for the child , he won't get one

and if u have no contact with the mother,  u would not have the birth certificate or other info to apply for K2

but if this is his child, he needs to support the baby 

What do you mean by support the baby? Do you mean that the US government will ask him to support the child, and no child is not his, but the case is still on hold due to the war in Ukraine at the moment.

He doesn’t know the current address of the child and his mother. 
If he doesn’t provide the birth certificate of the child will that cause any problems for my fiancé getting the k1 or the petition get denied? 

[JeanneAdil 6,539]

Just now, Rami679 said:

What do you mean by support the baby? Do you mean that the US government will ask him to support the child, and no child is not his, but the case is still on hold due to the war in Ukraine at the moment.

He doesn’t know the current address of the child and his mother. 
If he doesn’t provide the birth certificate of the child will that cause any problems for my fiancé getting the k1 or the petition get denied? 

Us government will not make him

but CO at interview may have many questions about the baby and they have been known (this is at casa embassy ) to ask about support

 

and u say not his child but he had reasons to believe it was and signed the certificate so until and if a DNA test is done,  he has to claim the baby 

and i had to provide birth certificates for my husband's RFE (but this was for Casa and a big age difference between us) Germany is a lot different in the interview stage

and u don't usually have these for a K1     / u asked about k2 for the child and that was answer to that

[Rami679 1]

1 minute ago, JeanneAdil said:

Us government will not make him

but CO at interview may have many questions about the baby and they have been known (this is at casa embassy ) to ask about support

 

and u say not his child but he had reasons to believe it was and signed the certificate so until and if a DNA test is done,  he has to claim the baby 

and i had to provide birth certificates for my husband's RFE (but this was for Casa and a big age difference between us) Germany is a lot different in the interview stage

and u don't usually have these for a K1     / u asked about k2 for the child and that was answer to that

The mother reached out to him in 2019 told him that it wasn’t his kid and she kinda apologized for that, and asked him to send a document to forfeit the rights and remove the kid from his name. IDK if he should tell the whole story at the interview. 
And yes I don’t want to apply for K2, so if only K1 then they shouldn’t ask a lot about the child? 

[JeanneAdil 6,539]

1 minute ago, Rami679 said:

The mother reached out to him in 2019 told him that it wasn’t his kid and she kinda apologized for that, and asked him to send a document to forfeit the rights and remove the kid from his name. IDK if he should tell the whole story at the interview. 
And yes I don’t want to apply for K2, so if only K1 then they shouldn’t ask a lot about the child? 

the child needs to be listed on all paperwork u send to immigration 

and unforunately,   he needs to be included in household size of your intended family

 

I stand corrected by more experienced VJ members if i say this in error

 

and it doesn't matter that what she says now / he is on the birth as father

sounds like she plays games and since she is the major player ,  she can change the rules at any time

so be prepared

so,  forget all that 

just know,  now,  how it affects u and him