Due to BC screw up can't bring daughter right away

[demarvell 4]

Greetings good people,

 

As my Filipina fiancé and I are filling out paperwork for the K-1 visa, the one section asks if she has a child, which she does. BUT, the BC has her parents names on the BC, (they thought my fiancé was going to die) and will take a year to straighten out through through the VERY slow courts system in the Philippines. The question is; Do we still put it down as her having a child? Or wait until the BC is corrected to file separately. and not mention her at all on the K-1 visa. And if we do not mention her as having a child, will that cause a problem on later getting her here?

We have thought about just doing the adoption of her daughter from her folks.

Any ideas will help.

 

Thank you in advance

 

[Adventine 3,187]

***Moved to the Philippines regional forum for country-specific answers***

 

It's going to be a big problem if you don't list the child on the K1 application now, then later on file for the child to immigrate to the US. They are going to review the original K1 application and interview. Concealing the child is grounds for material misrepresentation, meaning expensive and lengthy legal issues.

 

Also, I don't get the reason "they thought my fiancé was going to die." What does that have to do with listing the correct parents on the birth certificate? 

 

The solution for the bio-mom to adopt her biological kid from her parents doesn't make sense either. 

 

If I was in your shoes, I'd be asking her, the child and the grandparents to do DNA tests. Something's fishy here. 

 

 

 

Edited May 3, 2022 by Adventine

[demarvell 4]

Okay, I tried to make the original story shorter. Really, it is A's daughter, but she was very sick at the time of birth and she also had  no money and no income, so when they filed the BC, late, her parent's names were put on it because they had insurance. She knows it was a stupid thing to do, now, but daughter N is now 13. So we are going through a lawyer to get this straightened out, but it's going to take a year, according to the lawyer. And yes, the family confirms that N is A's daughter, and they are trying to help all they can.

A, later went to college and became a teacher. She never thought she would ever marry, so wasn't too worried.

Now we have to pay the piper.

Edited May 3, 2022 by demarvell
misspelling

[Illiria 980]

47 minutes ago, demarvell said:

Greetings good people,

 

As my Filipina fiancé and I are filling out paperwork for the K-1 visa, the one section asks if she has a child, which she does. BUT, the BC has her parents names on the BC, (they thought my fiancé was going to die) and will take a year to straighten out through through the VERY slow courts system in the Philippines. The question is; Do we still put it down as her having a child? Or wait until the BC is corrected to file separately. and not mention her at all on the K-1 visa. And if we do not mention her as having a child, will that cause a problem on later getting her here?

We have thought about just doing the adoption of her daughter from her folks.

Any ideas will help.

 

Thank you in advance

 

Do not make this worse by your fiancée ’adopting’ her daughter and do not make it worse by just omitting the child. Rules for immigrating adopted children are complicated, even more so when related (technically by law her sibling), and especially so in a country known for using falsified birth certificates to bring ‘children’ over. They are known to require dna test on suspect relationships - if they see a modified or late registered birth certificate or if you omit the child on the forms but later petition. 
 

Get the DNA tests for your own records (this may even be needed for the changing of the certificates), you will prob have to do them again through the embassy for immigration, then correct the birth certificate. Personally I would suggest to delay the fiancée visa application until this is sorted out for two reasons - 1) if they are lying and it turns out that the kid isn’t hers/isn’t theirs you know before too much has gone into it and 2) so that all paperwork on her end is sorted before you start talking to us government.
 

Much easier to say here is situation rather than say one thing and have to correct later on. US govt isn’t too fond of the do now and ask for forgiveness later. 

 

Hopefully she wasn’t also  married to the child’s father as well? 
 

This is going to require patience on everyone’s parts, I would recommend you also consider the CR1 instead of K1 

 

Edit - adopting or adding a niece or nephew or sibling as their own is a common thing we see. The embassy is wise to it. 

Edited May 3, 2022 by Illiria

[demarvell 4]

She was never married, as he abandoned her as soon as she got pregnant and fled the country. Typical Pinoy. And yes I think a DNA test would be a great idea.

Because my "divorce" from a Filipina a decade ago was never recognized in the Philippines, I am going through that nonsense to get it straightened out on me, so we can't marry there.

 

 

Edited May 3, 2022 by demarvell
Finish the text

[Illiria 980]

1 minute ago, demarvell said:

She was never married, as he abandoned her as soon as she got pregnant and fled the country. Typical Pinoy. And yes I think a DNA test would be a great idea

 

I would recommend getting one that is valid in court straight away (one that maintains the chain of custody not brought in a store and done at home) - that way if the court requires it then you can just present the report. Not sure how easy to set up in the Philippines this is as we did ours in the US, Our little one is ivf and we did this for peace of mind

 

Immigration could still require you to have one redone through them as they won’t trust one you have done even if it is court quality chain of custody. 

[demarvell 4]

That is a great idea and we will do that right now. Can't believe I didn't think of that.

[Illiria 980]

Just now, demarvell said:

That is a great idea and we will do that right now. Can't believe I didn't think of that.

Sometimes it’s hard to see all the possibilities when you are part of a situation - that’s what this site is great for.

 

You may also want to look into getting married online and filing after you visit her. One of the US states does it - here is someone it worked for but the Philippine angle might add in a complication or two thought probably just with her CFO getting them to u set stand how she has a Utah marriage cert without leaving the country - 

The thing with the Utah zoom marriage is you have to meet up in person after the zoom marriage but before filing the I-130