AM I COOKED???

[Trell 0]

OCT2018 My dad got hired by his employer into the united states, so he had me and my little brother as his derivative beneficiary coming with him into the US. JUNE2019, Dad’s I-140 of my dad got approved by the uscis.DEC2020, Case was documentarily qualified but me as an derivative beneficiary of my dad.Got myself a newborn child born on NOV2021 which is my father grandchild. Due to lack of knowledge or being illitirate we dont know how to update my case for me to include my son at the application cause the ds260 was locked. But then We’ve got our interview and JAN2024 and at the time of interview consular asked me if im married i said no which is true. But i told him that ive fathered a child back on NOV2021. He said thats fine you can add your dependent when you entered the united states. MAY2024 got my 10 years LPR. Didnt have to fill up information to input my child. We just paid the $235 fee. Im wondering where would i update it???

[Dashinka 25,710]

Trying to understand the question here.  You had a change after the DS260 was locked, so you informed the CO of the child at the interview.  Are you looking to petition the child now as an F2A? 

[Trell 0]

6 hours ago, Dashinka said:

Trying to understand the question here.  You had a change after the DS260 was locked, so you informed the CO of the child at the interview.  Are you looking to petition the child now as an F2A? 

No, we filed the ds260 OCT2019 but i did got a newborn son who is not included to my initial application due to he was born in 2021 and then im not able to update the DS260 application to add my child cuz it was already locked so i declare it to the CO during the interview 

[appleblossom 4,176]

2 minutes ago, Trell said:

No, we filed the ds260 OCT2019 but i did got a newborn son who is not included to my initial application due to he was born in 2021 and then im not able to update the DS260 application to add my child cuz it was already locked so i declare it to the CO during the interview 

 

What do you think the problem is? As long as you informed the interviewing officer then that's fine, no misrepresentation has occurred and you can petition him. 

 

[Dashinka 25,710]

6 minutes ago, Trell said:

No, we filed the ds260 OCT2019 but i did got a newborn son who is not included to my initial application due to he was born in 2021 and then im not able to update the DS260 application to add my child cuz it was already locked so i declare it to the CO during the interview 

OK, so as @appleblossom and I stated, you did what you could to notify them of the child.  What is your future plan?  Is the child with you right now?

[Trell 0]

4 minutes ago, appleblossom said:

 

What do you think the problem is? As long as you informed the interviewing officer then that's fine, no misrepresentation has occurred and you can petition him. 

 

Cause. It was only verbal and i dont hold any affidavits or records that the CO said that. Im basing of uscis point of view. Now if i file a I-130 for my kid USCIS might ask me why i didnt input the child on my initial application? Even though i declared in the embassy and mind you, I AM ONLY A DERIVATIVE BENIFICIARY at that application.

[Trell 0]

9 minutes ago, Dashinka said:

OK, so as @appleblossom and I stated, you did what you could to notify them of the child.  What is your future plan?  Is the child with you right now?

Cause. It was only verbal and i dont hold any affidavits or records that the CO said that. Im basing of uscis point of view. Now if i file a I-130 for my kid USCIS might ask me why i didnt input the child on my initial application? Even though i declared in the embassy and mind you, I AM ONLY A DERIVATIVE BENIFICIARY at that application.

[Dashinka 25,710]

4 minutes ago, Trell said:

Cause. It was only verbal and i dont hold any affidavits or records that the CO said that. Im basing of uscis point of view. Now if i file a I-130 for my kid USCIS might ask me why i didnt input the child on my initial application? Even though i declared in the embassy and mind you, I AM ONLY A DERIVATIVE BENIFICIARY at that application.

File the I130.  USCIS and consulates deal with children that are not known about at the time of a father's immigration all the time.  You did what you could at your interview, and in fact if you had come to VJ before your interview with a DS260 locked and new information, the advice would have been to inform the consulate officer of the change.  Anyway, file your I130, you need to provide paternal proof, and you will be fine from that standpoint.

[Trell 0]

1 minute ago, Dashinka said:

File the I130.  USCIS and consulates deal with children that are not known about at the time of a father's immigration all the time.  You did what you could at your interview, and in fact if you had come to VJ before your interview with a DS260 locked and new information, the advice would have been to inform the consulate officer of the change.  Anyway, file your I130, you need to provide paternal proof, and you will be fine from that standpoint.

Do you suggest me getting a lawyer for this situation? Cause im freaking out , just want to give my child a good life here in states. Paving the way for him and his mama which is my wife right now i went back on JAN2025 to marry her. We’ve been together since 2017

btw i am 22 right now. Too young when i had a kid but im a man i need to step up on my responsibilities. 

[appleblossom 4,176]

3 minutes ago, Trell said:

Do you suggest me getting a lawyer for this situation? Cause im freaking out , just want to give my child a good life here in states. Paving the way for him and his mama which is my wife right now i went back on JAN2025 to marry her. We’ve been together since 2017

btw i am 22 right now. Too young when i had a kid but im a man i need to step up on my responsibilities. 

 

I don't know why you're freaking out. You did exactly what you were supposed to do, and as long as you didn't lie at any point then there's no issue. 

 

 

[Dashinka 25,710]

31 minutes ago, Trell said:

Do you suggest me getting a lawyer for this situation? Cause im freaking out , just want to give my child a good life here in states. Paving the way for him and his mama which is my wife right now i went back on JAN2025 to marry her. We’ve been together since 2017

btw i am 22 right now. Too young when i had a kid but im a man i need to step up on my responsibilities. 

Getting a lawyer is up to you.  What I would do right now is focus on the I130 process, particularly the instructions, and see what evidence do you need to establish your parenthood, etc.

 

Good Luck!