My wife had another kid, what now?

[Paul Ficca 0]

Hello, i have been in the process of petitioning for my wife to come to the US with a IR1 visa. I was just about to submit the affidavit of support and wait for the interview when I learned she was pregnant, so i put the visa on hold. We have a son and he is 3 months old.

We are now wanting to resume or visa work. obviously our son was not listed on the original 1-130 petition, so how do I petition for him? and what would be the quickest way to bring him along? should i continue with the affidavit of support and interview? or wait?

Before anyone suggests to simply get my son a passport, that wont be possible as I learned recently that he is not my biological son. Should I be honest about him not being my biological son? My name is on the birth certificate, is there a way they would know if i petitioned for him as my biological son?

i would really appreciate some help here. thanks

[Justine+David 218]

VJ doesn't recommend that you lie anywhere along the immigration process...

Your relationship with your wife may have harder scrutiny at the interview stage to prove that it is a bonafide relationship if she has had a child that is not yours while you have been married.

[Paul Ficca 0]

Yes i understand that, however we do have a daughter together(our first child). do you think that will help?

VJ doesn't recommend that you lie anywhere along the immigration process...

Your relationship with your wife may have harder scrutiny at the interview stage to prove that it is a bonafide relationship if she has had a child that is not yours while you have been married.

[Paul Ficca 0]

any advise?

Hello, i have been in the process of petitioning for my wife to come to the US with a IR1 visa. I was just about to submit the affidavit of support and wait for the interview when I learned she was pregnant, so i put the visa on hold. We have a son and he is 3 months old.

We are now wanting to resume or visa work. obviously our son was not listed on the original 1-130 petition, so how do I petition for him? and what would be the quickest way to bring him along? should i continue with the affidavit of support and interview? or wait?

Before anyone suggests to simply get my son a passport, that wont be possible as I learned recently that he is not my biological son. Should I be honest about him not being my biological son? My name is on the birth certificate, is there a way they would know if i petitioned for him as my biological son?

i would really appreciate some help here. thanks

[canadian_wife 1,827]

DNA tests are often requested by the consulate for proof of biological paretage - so claiming this child as your biological child won't help as if they do a DNA test and find out it's not yours and you lied about it, that spells deep trouble.

You can petition for the new child by sending an I-130 to USCIS> You can continue with the AOS for your wife by adding your new household size is +1. However, when your wife gets her visa, the baby will have to wait for his.

Good luck.

[sachinky 465]

Even if you attempted to get him a CRBA/US passport for him as your biological child, there will be a DNA test. So there's no point in lying. Only trouble for you.

File another I-130 for him and add one to your household size on your AOS.

Be prepared to explain why your wife has another child by someone else. Your bonafides will be under scrutiny.

[Deb+Steve 13]

I'm not familiar with child custody rulings in the Phillipines, but wouldn't the permission of the bioligical father (if known) be required as well?

Edited January 27, 2010 by Deb+Steve

[NavarreMan 10]

I'm not familiar with child custody rulings in the Phillipines, but wouldn't the permission of the bioligical father (if known) be required as well?

That is an outstanding question!!!

[payxibka 10,047]

I realize this is not the original topic of your post, but I would also encourage you to be working on "shoring" up the evidence of a bonafide relationship considering your wife got pregnant by another man during your "marriage". Manila is not a "pushover" consulate.

[freetv 7]

I realize this is not the original topic of your post, but I would also encourage you to be working on "shoring" up the evidence of a bonafide relationship considering your wife got pregnant by another man during your "marriage". Manila is not a "pushover" consulate.

I also agree with payxibka, I mean many people would have just stopped the visa processing right there... Throw in a VO who has had been told over and over again about the horror stories of fake marriages and it will be hard to get that visa. I would expect your wife to get grilled about it (In my opinion she should), and she better be ready to provide proof it was some freaky situation that resulted in the baby. To be honest, if I were the VO you would have a hard time trying to convince me everything is "fine". But good luck, and I hope everything works out for the best.

Edited January 27, 2010 by freetv

[pushbrk 13,067]

Yes i understand that, however we do have a daughter together(our first child). do you think that will help?

Yes, that helps but how much will depend on the totality of the circumstances. They'll still be evaluating the bona fides of the relationship.

[Deputy Purple 1,294]

I'm not familiar with child custody rulings in the Phillipines, but wouldn't the permission of the bioligical father (if known) be required as well?

He is listed on the Birth Certificate and married to the mother so as far as the Philippine Government is concerned he is the father of the child.

If the biological father wants any parental rights he would have to seek them in a court of law and that would be both expensive and time consuming a he would be trying to disprove the husband is the dad which would require DNA testing.

[thongd4me 69]

The main sticky wicket in the walking-on-hot-coals interview at the consulate will undoubtedly be,

if you so readily accepted the first dependant with differing DNA, how will you accept another one,

as events like this are likely to be repeated?...likely the thinking of the CO.

[leahandlucas 15]

Hello, i have been in the process of petitioning for my wife to come to the US with a IR1 visa. I was just about to submit the affidavit of support and wait for the interview when I learned she was pregnant, so i put the visa on hold. We have a son and he is 3 months old.

We are now wanting to resume or visa work. obviously our son was not listed on the original 1-130 petition, so how do I petition for him? and what would be the quickest way to bring him along? should i continue with the affidavit of support and interview? or wait?

Before anyone suggests to simply get my son a passport, that wont be possible as I learned recently that he is not my biological son. Should I be honest about him not being my biological son? My name is on the birth certificate, is there a way they would know if i petitioned for him as my biological son?

i would really appreciate some help here. thanks

So this child in NO WAY WHAT-SO-EVER is yours???....Do you know the father of the child? if so, is he willing to let the child go into your full custody?

Wow....why are you with her then???...once a cheater always a cheater usually...

I wish you the best because your in for an uphill battle with the consulate....

Edited January 27, 2010 by leahandlucas

[leahandlucas 15]

Also....don't want to be judgemental by any kind....please forgive me...but just trying to look at the situation...

The photo of you, her and the baby...by the "looks' of the photo....the baby seems pretty white to me (once again, the photo is very small, hard to tell)

Because if it was by another caucasian man....well.....i REALLY hope for the best...

take care...keep us posted