bringing a child to the States

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Old Jul 15th 2002, 11:20 pm
  #1  
John
Guest
 
Posts: n/a
Default bringing a child to the States

My wife had a child with her exboyfriend while she was living in another country. The
child currently lives with her father's aunt in the foreign country. She uses her
father's last name. My wife came to the States on a K-1 and is preparing to file for
AOS. She did not state that she had a child on her K-1 application, nor did I state
it on the I-129F. My wife does not have custody and her daughter will not be moving
to the States. We would like her child to come visit us in the States at some point
in the future. What would be the best route for us to do this?

Thanks
 
Old Jul 16th 2002, 2:20 pm
  #2  
John
Guest
 
Posts: n/a
Default Re: bringing a child to the States

Yes, she did have the child, but the child has not been "hers" legally and she
will not be coming to live in the States. This is why we did not list her on the
K-1. We just want her to visit sometime in the next couple years. What are the
chances of the child coming to the States on a tourist visa? Since we are
completing the AOS now what would be the implications of listing her child on the
I-485? Could she be deported?

"Alvena Ferreira" <[email protected]> wrote in message
news:[email protected]...
    > John wrote:
    > > My wife had a child with her exboyfriend while she was living in another country.
    > > The child currently lives with her father's aunt in the
foreign
    > > country. She uses her father's last name. My wife came to the States
on a
    > > K-1 and is preparing to file for AOS. She did not state that she had a child on
    > > her K-1 application, nor did I state it on the I-129F. My wife does not have
    > > custody and her daughter will not be moving to the States.
We
    > > would like her child to come visit us in the States at some point in the future.
    > > What would be the best route for us to do this?
    > >
    > Frankly, it would be best if she went to that country to visit her, since you both
    > have basically lied on the applications. Alvena

    > Doc Steen Site: http://www.mindspring.com/~docsteen/...o/visainfo.htm
    > =========================================
    > I am not a lawyer and this is not immigration advice. This is my personal opinion,
    > gleaned from the previous postings of others, and posted for the purpose of
    > discussion only. If your case is complicated, then you may need an immigration
    > attorney. Locate an immigration attorney in your area at: http://www.aila.org
    > =========================================
 
Old Jul 17th 2002, 2:20 am
  #3  
Master Yoda
Guest
 
Posts: n/a
Default Re: bringing a child to the States

Like Alvena said, you both lied on the application, It is NOT good to lie to the
ins, if she is the mother of the child then the child is hers, it doesn't matter if
legal custody is with the father or the aunt. the fact of the matter is she does
have a child and you both said she did not! if I were you you both better do the
visiting. As for deportation, yes that's a possibility. You best consult an
immigration lawyer on this.

"John" <[email protected]> wrote in message news:[email protected]...
    > Yes, she did have the child, but the child has not been "hers" legally and she will
    > not be coming to live in the States. This is why we did not list her on the K-1. We
    > just want her to visit sometime in the next couple years. What are the chances of
    > the child coming to the States on a tourist visa? Since we are completing the AOS
    > now what would be the implications of listing her child on the I-485? Could she be
    > deported?
    >
    >
    > "Alvena Ferreira" <[email protected]> wrote in message
    > news:[email protected]...
    > > John wrote:
    > > > My wife had a child with her exboyfriend while she was living in
another
    > > > country. The child currently lives with her father's aunt in the
    > foreign
    > > > country. She uses her father's last name. My wife came to the States
    > on a
    > > > K-1 and is preparing to file for AOS. She did not state that she had
a
    > > > child on her K-1 application, nor did I state it on the I-129F. My
wife
    > > > does not have custody and her daughter will not be moving to the
States.
    > We
    > > > would like her child to come visit us in the States at some point in
the
    > > > future. What would be the best route for us to do this?
    > > >
    > > Frankly, it would be best if she went to that country to visit her, since you
    > > both have basically lied on the applications. Alvena

    > > Doc Steen Site: http://www.mindspring.com/~docsteen/...o/visainfo.htm
    > > =========================================
    > > I am not a lawyer and this is not immigration advice. This is my personal
    > > opinion, gleaned from the previous postings of others, and posted for the purpose
    > > of discussion only. If your case is complicated, then you may need an immigration
    > > attorney. Locate an immigration attorney in your area at: http://www.aila.org
    > > =========================================
    >
 
Old Jul 17th 2002, 7:20 pm
  #4  
John
Guest
 
Posts: n/a
Default Re: bringing a child to the States

A mistake was made. NOT a lie. I should have made sure what I put. I would like to
correct the error now and state that she is the biological mother of the child on
the I-485. What I would like to know is what will be the consequences of my mistake
when I do list her child on the I-485. I spoke with someone on the INS national line
who said I should just correct the mistake and explain it at the interview. No harm
done. Without any name calling & finger pointing, does anyone know what the
consequences are?

Thanks

"Master Yoda" <[email protected]> wrote in message
news:[email protected]...
    > Like Alvena said, you both lied on the application, It is NOT good to lie
to
    > the ins, if she is the mother of the child then the child is hers, it doesn't
    > matter if legal custody is with the father or the aunt. the fact
of
    > the matter is she does have a child and you both said she did not! if I were you
    > you both better do the visiting. As for deportation, yes that's a possibility. You
    > best consult an immigration lawyer on this.
    >
    > "John" <[email protected]> wrote in message news:[email protected]...
    > > Yes, she did have the child, but the child has not been "hers" legally
and
    > > she will not be coming to live in the States. This is why we did not
list
    > > her on the K-1. We just want her to visit sometime in the next couple years. What
    > > are the chances of the child coming to the States on a tourist
visa?
    > > Since we are completing the AOS now what would be the implications of listing her
    > > child on the I-485? Could she be deported?
    > >
    > >
    > > "Alvena Ferreira" <[email protected]> wrote in message
    > > news:[email protected]...
    > > > John wrote:
    > > > > My wife had a child with her exboyfriend while she was living in
    > another
    > > > > country. The child currently lives with her father's aunt in the
    > > foreign
    > > > > country. She uses her father's last name. My wife came to the
States
    > > on a
    > > > > K-1 and is preparing to file for AOS. She did not state that she
had
    > a
    > > > > child on her K-1 application, nor did I state it on the I-129F. My
    > wife
    > > > > does not have custody and her daughter will not be moving to the
    > States.
    > > We
    > > > > would like her child to come visit us in the States at some point in
    > the
    > > > > future. What would be the best route for us to do this?
    > > > >
    > > > Frankly, it would be best if she went to that country to visit her, since you
    > > > both have basically lied on the applications. Alvena

    > > > Doc Steen Site: http://www.mindspring.com/~docsteen/...o/visainfo.htm
    > > > =========================================
    > > > I am not a lawyer and this is not immigration advice. This is my personal
    > > > opinion, gleaned from the previous postings of others, and posted for the
    > > > purpose of discussion only. If your case is complicated, then you may need an
    > > > immigration attorney. Locate an immigration attorney in your area at:
    > > > http://www.aila.org
    > > > =========================================
    > > >
    > >
    >
 
Old Jul 19th 2002, 2:20 am
  #5  
Master Yoda
Guest
 
Posts: n/a
Default Re: bringing a child to the States

The INS is complicated and you take a big risk since you both made the same
mistake!!!! they may view that as fraud. You need an attorney for this matter
to be safe.

"John" <[email protected]> wrote in message news:[email protected]...
    > A mistake was made. NOT a lie. I should have made sure what I put. I would like to
    > correct the error now and state that she is the biological mother of the child on
    > the I-485. What I would like to know is what will be the consequences of my mistake
    > when I do list her child on the I-485. I spoke with someone on the INS national
    > line who said I should just
correct
    > the mistake and explain it at the interview. No harm done. Without any name calling
    > & finger pointing, does anyone know what the consequences are?
    >
    > Thanks
    >
    >
    > "Master Yoda" <[email protected]> wrote in message
    > news:[email protected]...
    > > Like Alvena said, you both lied on the application, It is NOT good to
lie
    > to
    > > the ins, if she is the mother of the child then the child is hers, it doesn't
    > > matter if legal custody is with the father or the aunt. the fact
    > of
    > > the matter is she does have a child and you both said she did not! if I were you
    > > you both better do the visiting. As for deportation, yes that's a possibility.
    > > You best consult an immigration lawyer on this.
    > >
    > > "John" <[email protected]> wrote in message
    > > news:[email protected]...
    > > > Yes, she did have the child, but the child has not been "hers" legally
    > and
    > > > she will not be coming to live in the States. This is why we did not
    > list
    > > > her on the K-1. We just want her to visit sometime in the next couple years.
    > > > What are the chances of the child coming to the States on a tourist
    > visa?
    > > > Since we are completing the AOS now what would be the implications of listing
    > > > her child on the I-485? Could she be deported?
    > > >
    > > >
    > > > "Alvena Ferreira" <[email protected]> wrote in message
    > > > news:[email protected]...
    > > > > John wrote:
    > > > > > My wife had a child with her exboyfriend while she was living in
    > > another
    > > > > > country. The child currently lives with her father's aunt in the
    > > > foreign
    > > > > > country. She uses her father's last name. My wife came to the
    > States
    > > > on a
    > > > > > K-1 and is preparing to file for AOS. She did not state that she
    > had
    > > a
    > > > > > child on her K-1 application, nor did I state it on the I-129F.
My
    > > wife
    > > > > > does not have custody and her daughter will not be moving to the
    > > States.
    > > > We
    > > > > > would like her child to come visit us in the States at some point
in
    > > the
    > > > > > future. What would be the best route for us to do this?
    > > > > >
    > > > > Frankly, it would be best if she went to that country to visit her, since you
    > > > > both have basically lied on the applications. Alvena

    > > > > Doc Steen Site: http://www.mindspring.com/~docsteen/...o/visainfo.htm
    > > > > =========================================
    > > > > I am not a lawyer and this is not immigration advice. This is my personal
    > > > > opinion, gleaned from the previous postings of others, and posted for the
    > > > > purpose of discussion only. If your case is complicated, then you may need an
    > > > > immigration attorney. Locate an immigration attorney in your area at:
    > > > > http://www.aila.org
    > > > > =========================================
    > > > >
    > > >
    > > >
    > >
    >
 
Old Jul 19th 2002, 3:20 am
  #6  
John
Guest
 
Posts: n/a
Default Re: bringing a child to the States

I filled out the K-1 for her. The mistake was made by me alone. I listed myself as
assisting with the completion of the K-1 apps. She knew what I filled out as I
explained it to her. As I understood it at the time. I don't want them to think it
was fraud. I spoke with an attorney who said to correct the mistake. He didn't think
there would be a problem but if I wanted an attorney present at the interview he
could be there.

"Master Yoda" <[email protected]> wrote in message
news:[email protected]...
    > The INS is complicated and you take a big risk since you both made the
same
    > mistake!!!! they may view that as fraud. You need an attorney for this matter to
    > be safe.
    >
    > "John" <[email protected]> wrote in message news:[email protected]...
    > > A mistake was made. NOT a lie. I should have made sure what I put. I would like
    > > to correct the error now and state that she is the
biological
    > > mother of the child on the I-485. What I would like to know is what will be the
    > > consequences of my mistake when I do list her child on the I-485. I spoke with
    > > someone on the INS national line who said I should just
    > correct
    > > the mistake and explain it at the interview. No harm done. Without any name
    > > calling & finger pointing, does anyone know what the consequences are?
    > >
    > > Thanks
    > >
    > >
    > > "Master Yoda" <[email protected]> wrote in message
    > > news:[email protected]...
    > > > Like Alvena said, you both lied on the application, It is NOT good to
    > lie
    > > to
    > > > the ins, if she is the mother of the child then the child is hers, it doesn't
    > > > matter if legal custody is with the father or the aunt. the
fact
    > > of
    > > > the matter is she does have a child and you both said she did not! if I were
    > > > you you both better do the visiting. As for deportation, yes that's a
    > > > possibility. You best consult an immigration lawyer on this.
    > > >
    > > > "John" <[email protected]> wrote in message
    > > > news:[email protected]...
    > > > > Yes, she did have the child, but the child has not been "hers"
legally
    > > and
    > > > > she will not be coming to live in the States. This is why we did
not
    > > list
    > > > > her on the K-1. We just want her to visit sometime in the next couple years.
    > > > > What are the chances of the child coming to the States on a tourist
    > > visa?
    > > > > Since we are completing the AOS now what would be the implications
of
    > > > > listing her child on the I-485? Could she be deported?
    > > > >
    > > > >
    > > > > "Alvena Ferreira" <[email protected]> wrote in message
    > > > > news:[email protected]...
    > > > > > John wrote:
    > > > > > > My wife had a child with her exboyfriend while she was living in
    > > > another
    > > > > > > country. The child currently lives with her father's aunt in
the
    > > > > foreign
    > > > > > > country. She uses her father's last name. My wife came to the
    > > States
    > > > > on a
    > > > > > > K-1 and is preparing to file for AOS. She did not state that
she
    > > had
    > > > a
    > > > > > > child on her K-1 application, nor did I state it on the I-129F.
    > My
    > > > wife
    > > > > > > does not have custody and her daughter will not be moving to the
    > > > States.
    > > > > We
    > > > > > > would like her child to come visit us in the States at some
point
    > in
    > > > the
    > > > > > > future. What would be the best route for us to do this?
    > > > > > >
    > > > > > Frankly, it would be best if she went to that country to visit
her,
    > > > > > since you both have basically lied on the applications. Alvena

    > > > > > Doc Steen Site: http://www.mindspring.com/~docsteen/...o/visainfo.htm
    > > > > > =========================================
    > > > > > I am not a lawyer and this is not immigration advice. This is my personal
    > > > > > opinion, gleaned from the previous postings of others, and posted for the
    > > > > > purpose of discussion only. If your case is complicated, then you may need
    > > > > > an immigration attorney. Locate an immigration attorney in your area at:
    > > > > > http://www.aila.org
    > > > > > =========================================
    > > > > >
    > > > >
    > > > >
    > > >
    > > >
    > >
    >
 
Old Jul 21st 2002, 3:20 pm
  #7  
Mrtravel
Guest
 
Posts: n/a
Default Re: bringing a child to the States

John wrote:
    >
    > I filled out the K-1 for her. The mistake was made by me alone. I listed myself as
    > assisting with the completion of the K-1 apps. She knew what I filled out as I
    > explained it to her. As I understood it at the time. I don't want them to think it
    > was fraud. I spoke with an attorney who said to correct the mistake. He didn't
    > think there would be a problem but if I wanted an attorney present at the interview
    > he could be there.
    >

What country? How old is the child? Is your wife the legal parent of the child, or
was the child adopted by someone else?

If it is a non visa waiver country, then there might be difficulty in getting a visa
since there might be some presumption that she might want to live with her mother.
Even if from a VWP county, at the POE, she should have substantial evidence of her
desire to return to her home country.

Not listing the child on the K-1 application shouldn't cause the child to be denied
as tourist visa, but that would need to be corrected if she wanted to obtain
residency. INS should still be notified of the error on the forms.
 

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