I130 for Alien child question

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Old Apr 29th 2019, 12:34 pm
  #1  
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Default I130 for Alien child question

Hi I am a dual citizen but never lived in US so can’t pass my citizenship to my children
I am moving back With my husband and children so I have to follow the I130 I have filled out and copied passports birth certificates ect question is says birth certificate showing both parents but her father isn’t listed as he was working away at time and we were not married at the time so couldn’t make appointment
Will this cause an issue as I am down as her mother and I’m the US citizen or am I best to try rerigister her showing father before sending pack to London ?
Thanks for your advice
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Old Apr 29th 2019, 1:46 pm
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Default Re: I130 for Alien child question

The issue is not the name of the father or lack of the father's name on the birth certificate but whether or not you have permission to remove the child from the UK. Unless the child has been adopted formally by your husband, you will need either the biological father's permission to remove the child from the UK or a court order allowing it.
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Old Apr 29th 2019, 3:48 pm
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Default Re: I130 for Alien child question

Unless the child has been adopted formally by your husband, you will need either the biological father's permission to remove the child from the UK or a court order allowing it.
This. If not, I'd start working on that right now, because I can't imagine it's a quick process.
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Old Apr 29th 2019, 5:40 pm
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Default Re: I130 for Alien child question

I am sending off for my spouse And 2 children at same time my spouse is my daughters biological daughter who will be moving with us
Just wondering if to send I130 now or reregister showing fathers name just don’t want to delay excited to get everyone’s sent off
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Old Apr 29th 2019, 5:46 pm
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Default Re: I130 for Alien child question

So your husband is the father of your children? Well then there's no issue. That was less than clear from your original post.

Only if there was a father that was not in the picture now, or who refused to give his permission for you to leave the UK, would there be a problem.
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Old Apr 29th 2019, 6:55 pm
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Default Re: I130 for Alien child question

Originally Posted by Corrine82
I am sending off for my spouse And 2 children at same time my spouse is my daughters biological daughter who will be moving with us
Just wondering if to send I130 now or reregister showing fathers name just don’t want to delay excited to get everyone’s sent off
Slow down and try to be a little more clear so the good folks can help you! Does this mean there is another child who is not your spouse's child? Or you have two children with him but he isn't on the birth certificate of one of them? If the former, the father will have to give permission for this child to leave the UK. If the latter, it will make life easier for you all around it you get the omission corrected now.
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Old Apr 29th 2019, 7:13 pm
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Default Re: I130 for Alien child question

Thank you for your advice
Yes my husband is the father of both my children he is listed on our sons but not listed on my daughters birth certificate as at the time we were not married and he was working away so wasn’t present when I registered my daughters birth now 11
I think I was getting excited to have finally finished all the paperwork and had everything ready to send then realised on checklist it says child’s birth certificate showing both parents names 🙈
i will reregister her to show hubbys name as father so won’t cause any issues just in case

will keep everyone updated dates on my progress
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Old Apr 29th 2019, 7:18 pm
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Default Re: I130 for Alien child question

Originally Posted by Corrine82
I am sending off for my spouse And 2 children at same time my spouse is my daughters biological daughter who will be moving with us
Just wondering if to send I130 now or reregister showing fathers name just don’t want to delay excited to get everyone’s sent off

I can read this two ways:

<snipped>

I can't wrap my head around why you didn't put your then boyfriend's name on the child's birth certificate. In the UK, the father needs to present at the time of completing the birth certificate?

Personally, I would apply for the daughter whose father is not named on the BC and go ahead and see if his name can be added now and a new certificate given.
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Old Apr 29th 2019, 7:26 pm
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Default Re: I130 for Alien child question

[QUOTE=Rete;12677249]I can read this two ways:

<snipped>

I can't wrap my head around why you didn't put your then boyfriend's name on the child's birth certificate. In the UK, the father needs to present at the time of completing the birth certificate

Her father was working away from home and couldn’t make the appointment as we were not married at the time if the father is not present he could not be named on the certificate

I have spoken to registry office and we can reregister the birth now as we are married to show both of us just means I can’t send off her application for another week or 2 while I get this done
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Old Apr 29th 2019, 7:42 pm
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Default Re: I130 for Alien child question

Originally Posted by Rete
I can't wrap my head around why you didn't put your then boyfriend's name on the child's birth certificate. In the UK, the father needs to present at the time of completing the birth certificate?
https://www.gov.uk/register-birth/wh...gister-a-birth
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