Child in the US

[leslyjo85 0]

Thanks to everyone with your help with my questions! I got the help I needed on my question about the affidavit of support so I have now moved on to filling out the other forms in my packet. Many of the forms ask for ALL children of the foreign fiance to be listed...here is my situation. My fiance and I have a child together who was two in June. In my state of Iowa, if the parents are not married at the time of the child's delivery, the father has to personally sign a paternity affidavit to have his name on the child's birth certificate. Because my fiance was and is in Jamaica, my daughter does not have a name of a father on her birth certificate. We do have a document that Orville signed and had stamped by a JP in Jamaica stating that he is our daughter's father. Do I list our daughter on these forms? If so, as she and I will be there for his interview, do I list that she will be accompanying him from Jamaica to the US or is that only for people who are bringing a child from their country with them? I do not want to fill it out incorrectly and have our visa denied. Any help with this would be appreciated!!

[brlukath 1]

I assume you are asking how to fill out the DS-156K...

YES, it is super important that you list your daughter. It is ok that he is not listed on the BC, but I would have it and the signed paternity statement available.

You do not need to state that she will accompany him, as I assume she is a USC and that question is really asking who are the derivative beneficiaries of the application (i.e. who else needs a visa). If you are paranoid you could submit a supplement to question 5 on the DS-156K explaining your situation, but I would just check "no" to both options in number 5 (the child will neither accompany nor follow the K-1 because your daughter is already in the US).

[leslyjo85 0]

I assume you are asking how to fill out the DS-156K...

YES, it is super important that you list your daughter. It is ok that he is not listed on the BC, but I would have it and the signed paternity statement available.

You do not need to state that she will accompany him, as I assume she is a USC and that question is really asking who are the derivative beneficiaries of the application (i.e. who else needs a visa). If you are paranoid you could submit a supplement to question 5 on the DS-156K explaining your situation, but I would just check "no" to both options in number 5 (the child will neither accompany nor follow the K-1 because your daughter is already in the US).

Thank you so much for this information!! I had a lawyer who was supposed to be helping me on this stuff but he said he needed more money after the fact, and I am needing that money to take my daughter and myself down for the interview...the airfare alone is 1200.00. Thanks again!!

[brlukath 1]

No problem.... just a word of advice on hiring lawyers, as a matter of law you are required to receive an "engagement letter;" that letter lays out the terms of your relationship with the lawyer, including fees. Make sure you read it and understand it. For example, if the lawyer is only willing to do X amount of work for Y amount of money, that should be spelled out. If you can't live with the money the lawyer wants you to pay or the fee structure, find another lawyer OR if it is not a big firm, negotiate the terms of the engagement (few people take the latter option). A lot of people get burned by skimming the fine print or not feeling like they can/should ask questions and negotiate. AND it sounds like your lawyer may be a jerk--the answer to this question requires no time or thought from a trained immigration lawyer.... even their secretary should have been able to answer it.

Good luck!

Edited September 5, 2009 by brlukath

[sugarapple 1]

Yes, list your daughter on the form. And no she will not be in that part of the application as accompying him to the US as she is already a US citizen. Also you could have gotten the paternity affivdiat and have him notarize and return to you, I did that for my son in order to get his name on our son birth paper and for my son to get his passport.

Thanks to everyone with your help with my questions! I got the help I needed on my question about the affidavit of support so I have now moved on to filling out the other forms in my packet. Many of the forms ask for ALL children of the foreign fiance to be listed...here is my situation. My fiance and I have a child together who was two in June. In my state of Iowa, if the parents are not married at the time of the child's delivery, the father has to personally sign a paternity affidavit to have his name on the child's birth certificate. Because my fiance was and is in Jamaica, my daughter does not have a name of a father on her birth certificate. We do have a document that Orville signed and had stamped by a JP in Jamaica stating that he is our daughter's father. Do I list our daughter on these forms? If so, as she and I will be there for his interview, do I list that she will be accompanying him from Jamaica to the US or is that only for people who are bringing a child from their country with them? I do not want to fill it out incorrectly and have our visa denied. Any help with this would be appreciated!!