aboo

For the twentieth time in the thread alone, WRONG WRONG WRONG...

In the Philippines if the biological father isn't married to the mother when the child is born then he HAS NO PARENTAL RIGHTS. We immigrated my wife's two minor sons to the US despite the father not really wanting it to happen. Both of their birth certificates have the bio father's signature acknowledging paternity but since they weren't married he legally is a non-entity. The US Embassy is aware of this and therefore doesn't request input from the bio father in these cases.

Thank you for this! I dont want the real father that he is the father..

And I dont want my family to know,they love the child so much..

Who did the wife list on the baby birth certificate ?

me.. i sign an affidavit that im giving my last name to the baby..

im the one who took care of everything of the child's BC at the hospital..

See post #41. I provided links to two VJ members, click the link and send them a PM.

thank you.. i already send message to them..

Wrong lesson, it's better to know and take the proper course of action from the start so do it BEFORE you start anything. Just because you don't know doesn't mean the Embassy won't ask for DNA.

I agree with the advice to get a lawyer and I don't think I'd trust one in the Philippines unless they have impeccable references...

where can i get free or low fee immigration attorney?

im not rich,i cant afford an attorney

That changes things. Yep. You may have to cool your heels for a bit while this thing gets straightened out. For instance, it is going to take a while to correct your son's Filipino birth records, and you may want to contact the NVC as soon as you lawyer up. No chance the embassy will not ask for a DNA test now, for both of you.

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so my son's BC need to be corrected?

markym

when was your son born? Was he born after you were married? If yes, Probably they won't request for a DNA test.I don't think you should call the uscis at this time. Keep calm

my son was born april 2008.. we got married nov 2009..who should i call USCIS or NVC?

First regarding the US Embassy contacting the Biological father:

NO they won't. In the Philippines the biological father has no parental rights unless he is married to the mother when the child is born.

Second regarding the IR-2 petition for the child:

I'm assuming your filed IR-2 because you either weren't a US Citizen or didn't meet the residency requirements to pass US Citizenship to the child when the child was born, correct me if I'm wrong.

Don't cancel the I-130/IR-2 process. IR-2 is the correct Visa for a step-child of a US Citizen. Contact the NVC and make it clear that you are not the biological father.

There was another VJ user who's wife was raped and gave birth (after they were married) as a result. He was successful in securing a Visa for the child. I can't find his thread(s) or remember his name but I bet you could find it if you search.

yes im a us citizen, we applied for crba before i leave philippines but got denied because i didn't meet the residency requirements.so i petition my son together with my wife..it is now at NVC and I already paid the IV bill.

where should i call USCIS or NVC?

Let me understand this. So she basically cheated on you with another man?

Why would anyone want to be with someone who cheated on them?

sadly,yes..

but i understand her.. i too cheated her..a lot..and she knows it,thats why we always fight..and that's why she did that..im blaming myself..

that was when were not yet married..

when we decided to get married we promise each other to be faithful..

i love her.. and i love the child.

Does she know who the real father is? Does the father know she was pregnant? Is the father somebody you should be afraid of? Does the child look like you? Do you think the child should have a relationship with his biological father? You have to consider all those ethical and legal questions, discuss them with your wife, her family, and with a lawyer, or parish priest if that seems necessary to answer all your questions.

yes she do know who is the father..he's a friend of her friend..it was a 1 night stand they got drunk at friends party

she doesnt know where he is now.. they didnt see each other after that night

yes the child looks like me that's why i didnt do the dna immediately..i thought he's mine..

so my wife need not tell who's the real father?

im sorry for lots of questions.. im confused

Only if she discloses who the father is. The presumption is whoever is named on the child's birth certificate is the child's biological father.

the real father doesnt even know that he is the father..

im the one who sign the child's BC..

will they still contact the biological father?

I dont want that to happen.I'll call NVC and tell them the truth..

Actually i already know that i might not be the real father, she told me before we started living together..

She told me to do dna after she gave birth. I didnt do it, because im afraid of the result..

Then my wife told me that someone told her that embassy might request for dna.that's why i did it this time..

At least my wife didn't sign an oath yet..

So will i cancel my son's ir2 petition?

Yes the truth is always important in immigration. If they ask for their own DNA and find the thruth on their own it will delay/complicate things. You can petition the child as a stepchild. You can ask for an expediate based on the mothers petition being at NVC

would that affect my petition for my wife?

1st) Wow! How can you still love a woman that has absolutely betrayed you? She's an adulterer, period. You would have to be a bit of a masochist to remain in your marriage. As painful as it is, divorce and move on.

2nd) Have you already filed petition for the child?

yes i already did.. i filed it with my wife's petition IR-1.. it's already in NVC, we are ready to send civil documents and DS230.. what should i do? should i call nvc and tell them the truth?

please help!

my wife and i decided to take dna before the interview

she said there's a possibility that im not the biological father..

the result is negative..it hurts me but i still love my wife and son

i dont care that im not the real father, for me he's my son

please help me what to do, i already paid the iv bill.

should i call nvc and say that i'll petition him as a stepchild?