Just need some advice

[xXx 0]

So what will happen to the birth certificate, will she change your name / remove your name from the birth certificate when the birth certificate is required?

Will she also as a new mother agree to leave her 4 month baby? poor baby!

If thats the only way, we all need to sacrifice something for a better life right? Well the baby is 4 months now, but my lawyer estimated for the paper work is another 4-5 months.

[Tim/Mav 305]

yeah, thats why im just asking for some advice, so if my wife gets here she can file a petition for her daughter.

I have a friend that she came here to united states as tourist and then married a US citizen after 6 months she file a petition for her daughter (shes 14 yrs old) back in Philippines. In less than 6 months she got her daughter, and same lawyer that helping me today, this happens 1-2 years ago.

My ssumption is when she attends the Medical at Saint Lukes it will appear she recently had a baby. Does that make you think ?

My advice is to Truthful About everything. A False Birth Certificate/Stating the baby is biologically yours. If they request a DNA which I think they will, It's done and over.

It's an Act of defrauding the US Goverment.

Think hard and maybe consult with a real Attorney.

[Inky 1,110]

yeah no claim, as far as i understand from my lawyer I think they trying to get my wife visa and carry the baby with her since shes a minor. Im just confused right now sorry.

Nope the baby needs a visa and needs its own petition. Sorry. Just because its a baby does not mean it gets any kind of free ride from being a minor. Have to pay the petition/ visa fees / medical and everything.

[xXx 0]

Nope the baby needs a visa and needs its own petition. Sorry. Just because its a baby does not mean it gets any kind of free ride from being a minor. Have to pay the petition/ visa fees / medical and everything.

Well I was not so sure thats why im asking here and get some advice, but it looks like people here are not much help. They already accusing about frauding etc etc. were not even on the interview/ medical yet and still waiting for some paper works. I will ask everything to my lawyer, thank you for you help.

Edited March 31, 2012 by BLKei

[Tim/Mav 305]

Well I was not so sure thats why im asking here and get some advice, but it looks like people here are not much help. They already accusing about frauding etc etc. were not even on the interview/ medical yet and still waiting for some paper works. I will ask everything to my lawyer, thank you for you help.

No One threw a Pie in your Face. You asked. I told you what I thought. Inky answered your question about a free Visa for the child if you thought it won't cost you a dime.

Remember, were only opinions here. So chill out and just look over our "suggestions" to prepare you.

[Inky 1,110]

Well I was not so sure thats why im asking here and get some advice, but it looks like people here are not much help. They already accusing about frauding etc etc. were not even on the interview/ medical yet and still waiting for some paper works. I will ask everything to my lawyer, thank you for you help.

Forgot the baby needs a passport too, so they can put the visa in it. - another expense.

[Tim/Mav 305]

If they are trying to claim citizenship but they have no claim, the child is not his.

Help me Inky understand this. I think there is a Claim. If a False Birth Certificate is submitted stating he is the biological Father. Is'nt that a Claim?

[Inky 1,110]

Help me Inky understand this. I think there is a Claim. If a False Birth Certificate is submitted stating he is the biological Father. Is'nt that a Claim?

Not if they don't send the CRBA papers and request interview etc for US citizenship/US passport for the baby.

BUT the US embassy will likely say " HEY WAIT A MINUTE??" why aren't they claiming it? and then ask for DNA and find out he is not the father.

Edited March 31, 2012 by Inky

[VanessaTony 3,567]

Help me Inky understand this. I think there is a Claim. If a False Birth Certificate is submitted stating he is the biological Father. Is'nt that a Claim?

he already said he go the birth cert "fixed" so this is a non-issue.

[VanessaTony 3,567]

Well I was not so sure thats why im asking here and get some advice, but it looks like people here are not much help. They already accusing about frauding etc etc. were not even on the interview/ medical yet and still waiting for some paper works. I will ask everything to my lawyer, thank you for you help.

The child is your step-child and needs it's own I-130 petition to get a CR-2 visa (child of spouse of USC). That's not the problem though. I think USCIS are going to have severe issues with your wife getting pregnant to someone else while married to you. I believe you'll have a bit of a battle proving this relationship isn't for immigration benefits.

Another issue is they may ask her who the child's father is and her how you feel about her cheating on you (it CAN get quite personal). She needs to tell you EVERYTHING if there's even the smallest chance of her getting to the US (who the father is, when this happened so you know if you were having problems at the time or something), whether the guy is going to be involved in the child's life (I know in the Philippines this typically doesn't matter if the father isn't on the birth cert but because this is a cheating situation they might wonder if she's just coming to the US to leave the OP and bring the baby daddy to the US). They have been known to call the petitioner, or interview the petitioners in the US. I'd say you MIGHT be in for a fight.

Edited March 31, 2012 by Vanessa&Tony

[Hank_ 9,174]

If they are trying to claim citizenship but they have no claim, the child is not his.

The bug in the oinment here if they go the 130 route and need to provide a birth certificate it will list HIM as the father, this will cause the embassy to kick it back and instruct them to simply get a US passport for the little one. That then opens up the can of worms if DNA is required during that process.

I'm getting dizzy already...

[duriantaste 44]

You know what the lawyer gave himself ticket to lose his license?

By the way, you are not nut. You love her and you made a choice. I can't add anything to this case. Too many violations.

[JoBri 545]

Since you already have a lawyer, it might be best to just wait until Monday and talk to your lawyer confidentially about it all. Just lay it all openly out on the table, and go prepared with a list of questions you want answered, and write down the answers too in case you forget later. That way you will have peace of mind and you will do everything the right way without any fears later, and you will have the correct and clear legal answers too instead of guess work. Less feelings of frustration that way, more peace of mind too. Until Monday (and after) give it all over in prayer.

yeah no claim, as far as i understand from my lawyer I think they trying to get my wife visa and carry the baby with her since shes a minor. Im just confused right now sorry.

[Grant PDX 183]

The father's name on the birth certificate does not indicate it is false. Please stop claiming it's a false birth certificate because he's not the biological father. I adopted my previous wife's son and his birth certificate now has my name not it. There are children all over the world whose biological father is not on the birth certificate. The birth certificate it absolutely fine, his wife had a baby and he claimed the child as his own.

Now, there will likely be legal issues pertinent to the immigration and citizenship. The OP and his wife need to be clear about it. This process is very limited in scope for the OP, there are not many people in his exact situation so most advice will be recommendations based on people's best guesses about what will happen. Frankly, a blood test would prove he's not the biological father, but once the child is in the US gaining citizenship should be relatively easy. My adopted son's post-adoption birth certificate showing my name and my birth certificate were all that was required to get a US passport for my son. That's the easy part. Getting the ability to travel will be the more difficult part. There are a lot of women who give birth while in the visa process. I'm not entirely clear on how the child gets added.

Since he can't prove the biological side, it might best be treated as if it was a child she had before the marriage, as far as processing. Once in the interview she should be totally upfront about the situation. She should also have a letter from the OP stating he is aware of the situation, but claiming the child as his own. He should be clear also about the exact situation, so the CO doesn't think she is keeping anything from him. His claim on the child will be that of a biological parent once the visa process is complete.

Since the child was born after the petition was filed, I believe there's a process to add the child to her processing. Alternatively he could file separately, although they would have to wait through the full processing of the petition, then the visa.

My biological son was born 12 days after my ex was given her visa, and 10 days after she arrived in the US. Luckily I didn't have to deal with this process, but I know there are ways to deal with it.

Best of luck. Just because he took her child as his own doesn't make him a sucker. I love my adopted son as much as I do my biological son. When I divorced my ex I ended up with custody of both. Doesn't make me a sucker at all, but it sure makes me a proud papa to have them.

Edit: I would recommend an info pass appointment. Who knows how immigration will see it.

Edited April 1, 2012 by Grant n Karleen

[Dan and Judy 614]

Im at work so no time to look it up right now but, there is a good chance that the husband is legaly presumed to be the father in PI. whether he is or isn't.

DNA may have no bearing at all.