3 children born but two belong to the husband

[Jesu gbamila 0]

My uncle petition for his wife and three children but out of three children two is biological.

Can the US embassy issue visa to his wife and the two children alone with the consent of my uncle or Will the embassy deny all the petitions.

PLEASE URGENT ADVICE FOR MY UNCLE

[aleful 1,905]

My uncle petition for his wife and three children but out of three children two is biological.

Can the US embassy issue visa to his wife and the two children alone with the consent of my uncle or Will the embassy deny all the petitions.

PLEASE URGENT ADVICE FOR MY UNCLE

well he should have filed each petition separatly and with his children there was a birth certificate. so it the other child his wife's. What about the father of the child? Is he a LPR or USC?

we need more information.

[Bobby+Umit 161]

They may hold processing till he resolves the issue with the 3rd child.

He should contact the embassy to see what they want to do.

Plus, perhaps the mother can get permission from the other parent to take the child out of the country? (check with rules of the country, some require that, some do not).

[GabiandVi 34]

Was the 3rd child born during the marriage? If not, has your uncle adopted the child? If not, is the biological father alive or involved in the child's life in any way? If so, he will probably need to get some sort of evidence that the father releases the child to your father.

Or if he wants to abandon the petition, he can leave the child behind. I'm hoping we are talking about a grown child in this case.

I know custody in many African cultures equals parental rights, but according to USCIS the custody must be legally validated.

As for adopting the child, if the biological father has abandoned the child, and the child lived in your Uncle's custody for two years, your uncle can adopt the child in the country where the custody took place, and petition for the child to be considered an immediate relative for the purposes of adoption. Form I-600, I think.

[Lucky couple 1]

My uncle petition for his wife and three children but out of three children two is biological.

Can the US embassy issue visa to his wife and the two children alone with the consent of my uncle or Will the embassy deny all the petitions.

PLEASE URGENT ADVICE FOR MY UNCLE

The wife should get a document from a Judge showing that she has custody of the 3rd child or get a letter of consent from the boilogical father.If she is from Nigeria like I am, there may have been no legal papers showing custody, as usually the biological father would just not show interest in the child and may be no where to be found.(i did all this to be on the safe side) I had to do a court affidavit stating that i had custody of my kids and luckily for us during the interview there were no question concerning my kids biological father!The guy asked if they were my biological kids and I said YES!

So let the husband file for all the kids but let him state that the third is his step child.No harm in that. I came to the US on a K1 Visa and my kids on K2. send me a personal message if u wanna know more about this issue!