hyatt

My husband immigrated from the UK in 2002 he is now a US Citizen. We want to bring his son over he is 19 sons mother passed away in 2014 He and sons mother were never married and he was not on the birth certificate. Information on getting husband on birth certificate can run into thousands of dollars ( I know redic)

so I have found on the immigration website as follows: •If you never married the child’s mother before the child turned 18:
◦If the law of your or your child’s residence considers the child legitimated, you do not need to provide additional information
◦If your child is not legitimated under the law, you must submit evidence that you established a bona fide father-child relationship prior to the child turning 21 or marrying. This should be evidence of emotional and/or financial involvement in the child’s life.

Second paragraph applies he is not legitimated. so what I want to know is what will immigration want to see as evidence of emotional involvement of his son? he did financially help but nothing through the courts.

also I see there is duel filing that he can be here while we file the papers for his visa and green card. can anyone explain how this works?

He really needs to get here soon as he is not in a very good situation since his mother passed last year.

really appreciate any help

Noorah101

We can't really say what kind of evidence to include, as every situation is different. Basically any paper evidence that shows he played a fatherly role in his son's life.

I don't know what you mean exactly by "dual filing", but if you mean for him to come to the USA as a visitor with the intent to remain and adjust status to permanent resident, that's not allowed (is not legal). If he comes to the USA on a student visa, for example, he can remain in the USA in that status while waiting for his priority date to become current, then file for AOS.

There may be a backlog in the visa category his son falls into. Check the visa bulletin for details.

The son can visit the USA in the meantime.

Rene

scrubbedexpat099

Nothing is quick, probably dna test for relationship and as far as involvement in his life well what do you have?

Assume a year.

He is an immediate relative of a USC so no wait for a priority date.

NatashaB

In terms of evidence - proof of the payments he made (bank statements), school, medical or other official paperwork addressed to him or showing his name noted as the father, proof that the son visited him in the US prior to his 18th birthday?

S Folinsky

I would suggest that this is a situation where a competent immigration attorney may be quite useful.

Pulaski

Although I am a fan of most visa applications being handled without the necessary input of a lawyer, in this case there are significant complexities and relatively little time (before the son's 21st birthday) to straighten things out if the case comes off the rails. So in this case I would strongly recommend retaining a suitably experienced immigration attorney.