How to include a child not on the original I-129F

[PeterM 5]

I am looking for guidance for a child of a K1 holder that was not on the original I-129F.    The son was birth-registered as a sibling due to restrictions where mother have no marriage certificate at the time of birth.   The birth certificate showed the parents were the grandparents.  Can the son be eligible for K2?   What is the process to include him as a K2?   Appreciate the response.

 

 

[arken 4,197]

3 hours ago, PeterM said:

The son was birth-registered as a sibling due to restrictions where mother have no marriage certificate at the time of birth.   The birth certificate showed the parents were the grandparents.

This needs to be straightened out first. Only then there may be a chance to add the child during interview application phase.

[iwannaplay54 985]

3 hours ago, PeterM said:

I am looking for guidance for a child of a K1 holder that was not on the original I-129F.    The son was birth-registered as a sibling due to restrictions where mother have no marriage certificate at the time of birth.   The birth certificate showed the parents were the grandparents.  Can the son be eligible for K2?   What is the process to include him as a K2?   Appreciate the response.

 

 

Not seeing a way to do that if the child is legally registered as her brother

[Mike E 11,740]

This is beyond DIY.  
 

Not listing the child on I-129F was a mistake from which I’ve never seen a recovery. 
 

One of two things are true:

 

* The petitioner knowingly did not include the child on the I-129F.  This is perjury.  
 

* The petitioner did not know.  That the alien beneficiary failed to disclose a critical personal detail calls into question as to how bonafide this relationship is.  
 

Even assuming either situation as it applies can be overcome, the birth certificate needs to show the I-129F beneficiary as the parent on the birth certificate.  If it is possible to do so, then:

 

* The birth certificate will be a late registration birth certificate which gets extra scrutiny.  The parent will have to show evidence of a relationship and perhaps even DNA evidence. 
 

* If it is possible to do so now, then the US government will want to know why it wasn’t possible to do so before.  Your timeline shows Philippines.  I’ve seen dozens of. It hundreds of posts involving an unwed Filipina with children whose births were successfully registered with her as the mother. Bluntly this has no credibility. 
 

Now if the beneficiary can point to a written law that says as an unwed parent the son’s birth certificate had to show marred parents, then a skilled attorney might be able to overcome everything I’ve brought up.  

Edited June 30, 2022 by Mike E

[Timona 4,207]

I really don't think there's any law in the world which would force an unwed daughter to put her parents names on her own child's BC. I'm with @Mike E

[Boiler 45,651]

It seems to me most beneficiaries from the Phillpiines are single mothers so this does seem odd.

[Timona 4,207]

3 minutes ago, Boiler said:

It seems to me most beneficiaries from the Phillpiines are single mothers so this does seem odd.

 

Exactly 

[Rocio0010 5,579]

Tagging @Adventine!

[Redro 4,611]

8 hours ago, PeterM said:

I am looking for guidance for a child of a K1 holder that was not on the original I-129F.    The son was birth-registered as a sibling due to restrictions where mother have no marriage certificate at the time of birth.   The birth certificate showed the parents were the grandparents.  Can the son be eligible for K2?   What is the process to include him as a K2?   Appreciate the response.

 

 

You would need to correct the birth certificate... might be complicated.

Another member is going through a similar experience... 

 

Might want to have this moved to the Philippines forum for country specific advice. 

[Adventine 3,201]

50 minutes ago, Timona said:

I really don't think there's any law in the world which would force an unwed daughter to put her parents names on her own child's BC. I'm with @Mike E

Yep, in the Philippines, it's not against the law. But there is still a stigma attached to being an unwed single mom, especially if the mom is still a teenager herself. Which is why some people come up with the ***brilliant*** idea to register the baby as the child of the grandparents. 

 

I don't have a solution for this especially if the beneficiary didn't declare the child on their own petition OR possibly even said during the interview that they had no children. Compounded by the likely situation that the child's official documents (baptismal cert, school records, etc) list the grandparents as the parents. 

 

 

[Boiler 45,651]

48 minutes ago, Adventine said:

Yep, in the Philippines, it's not against the law. But there is still a stigma attached to being an unwed single mom, especially if the mom is still a teenager herself. Which is why some people come up with the ***brilliant*** idea to register the baby as the child of the grandparents. 

 

I don't have a solution for this especially if the beneficiary didn't declare the child on their own petition OR possibly even said during the interview that they had no children. Compounded by the likely situation that the child's official documents (baptismal cert, school records, etc) list the grandparents as the parents. 

 

 

I think I have come across this elsewhere, Grandparents being registered as the Parents for various sociall reasons. I find it hard to believe the local community would not spot the issue.

 

I am sort of assuming that what we see on VJ is not a country norm, never been to the Phillipines.

 

It is of course equally common for children to be left behind in the care af other family members.

 

I am not sure how DNA test would work with such close family, does anybdy else?

 

Sorting out the legalities would seem to be the first step.

[Rocio0010 5,579]

What I would do, before proceeding with any immigration, is to maybe get a competent attorney in the Philippines to see if it is something that can be solved. There is no point in counting the eggs without the basket imho

[Adventine 3,201]

@Boiler

It's one of those open secrets: everyone close to the family knows who the real bio-mom is, but to "save face" with society at large, they don't register the child's bio-mom on the BC.

 

Looking at OP's timeline, the K1 interview is scheduled on July 7. So the I-129F petition was approved but does not have any info about the child on it. I really don't know how the beneficiary is going to handle the visa interview if asked "Do you have any children?" 

 

 

[Rocio0010 5,579]

4 minutes ago, Adventine said:

It's one of those open secrets: everyone close to the family knows who the real bio-mom is, but to "save face" with society at large, they don't register the child's bio-mom on the BC.

Chiming in to say it used to happen in Argentina up until about 30 years ago. In fact, I’ve known two people about whom there was a suspicion that their elder sisters were, in fact, their mom. And the two were from the same, rural, less progressive hometown

[Boiler 45,651]

7 minutes ago, Adventine said:

@Boiler

It's one of those open secrets: everyone close to the family knows who the real bio-mom is, but to "save face" with society at large, they don't register the child's bio-mom on the BC.

 

Looking at OP's timeline, the K1 interview is scheduled on July 7. So the I-129F petition was approved but does not have any info about the child on it. I really don't know how the beneficiary is going to handle the visa interview if asked "Do you have any children?" 

 

The bigger issue is if this is a surprise, an interview in a few days suggests that this this has been processing for a long time.

 

An I 130 can be filed if and when this is sorted.

 

And if the child has not been mentioned then she needs to make sure that the Consulate is updated. Probably not the first time the Consulate has seen this or a variant.