Stephanie11

Hi all...I was wondering if someone could lead me in the right direction. Currently we are about to send in the I-751 to remove my husbands conditions...we will be married for 3 years this November.

When I originally filed I WAS aware that my hubby had a child, but he was not put on the birth certificate. As of today he is still not on the birth certificate. A blood test was performed and he was proven to be the father, but he never signed the birth certificate. Sooo, when filling out all forms we never included any children, as I had nothing to prove it. NOW, here comes the question, is it possible to do something to get his child over here. She is under poor conditions and now the biological mother needs assistance.

I read about applying for residence for her once my hubby becomes naturalized, but I am wondering if there will be any problems because his child was not identified on all forms we submitted thus far.

Any suggestions would be greatly appreciated! Thanks in advance.

Just Jenney

I've never come across this sort of scenario on this forum before, so whatever I'm saying here is just a guess, really.

I think that even though he didn't list his daughter on previous immigration paperwork, he should list her on the I-751. Why? Because before he didn't know for sure whether she was his or not, and without his name being on the birth certificate I don't think omitting her from the paperwork would be considered lying. However, now he DOES know that she's his daughter, so he has to list her now.

That said, I think it would be wise to include documentation which explains the previous omission -- that is, until now he didn't know he was the father but now has definitive proof that he is.

To that end, he needs to collect (if he already hasn't) any paperwork establishing that fact -- plus any paperwork which shows WHEN his paternity was determined. He should obtain a certified copy of his daughter's original birth certificate (without his name on it) and an official copy of the blood test/DNA results which shows the date the test confirmed his paternity.

I'm not sure how this all works but I assume there's a way to add the father's name retroactively to the child's birth certificate and have a new one issued. If this is possible, he should obtain a certified copy of that as well.

In addition to any of this paperwork I think it would be a good idea for him to include a written statement that explains what happened, why her name was omitted before, etc.

As for getting the child to the US, I have no idea.

It would be a good idea to consult with an immigration/family law attorney to discuss all of this and see what immigration options are available to his daughter, if any.

~ Jenney

ps. Probably wouldn't be a bad idea to start paying some kind of child support, either.

[email protected]

As for getting the child to the US, you can sponsor him/card for a
green card (probably via the immigrant visa route) as soon as you
become a US Citizen.
Btw, it would already be possible now, but the waiting time would be
longer than if you wait for US Citizenship first.

lovenlife

I believe if the child was under 18 at the time of your marriage the child would be considered an Immediate Relative to you the USC who could petition for the child by filling an I-130. I’m not a lawyer, but there are several BIA cases that deal with the “biological” parent father and “out of wedlock” in determining eligibility of benefit. I would seriously consider getting the advice/assistance of a qualified Family Immigration attorney on this one.

Good luck

Stephanie11

Thank you all for the replies! We will look into applying for her as my step-daughter, and take the I-130 route. Thanks Again!

Rete

Consult an immigration attorney before you file anything. The thoughts posted here might not be the right way to go. You need legal assistance in determining your cause of action as there are issues such as "out of wedlock," "established parental relationship", "proof of parentage", etc. that needs to be discussed.