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Filed: F-2A Visa Country: Philippines
Timeline
Posted

post-95386-0-00721700-1290407007_thumb.jpg

hi good day everyone...

anybody help me please?... my priority date is now current...and NVC started sending documents to my petitioner who's my hubby.... im the principal applicant...last 1998 i gave birth to my child.. and on the birth certificate i put date of marriage although our marriage was not registered.... we got legally married 2008... my question is... can i bring my child with me to the U.S? would the Consulate allow us or issue a visa even if we indicate false date of marriage on my child's birth certificate? what should i do?... please please help me....im so distress regarding this matter...one more thing.... what is following to join mean?.......

thanks

God bless...

Posted

Is your husband a US Citizen and what type of petition is he going to file for you? Was your husband a citizen when your child was born and if so, why didn't he file for a CRBA. CRBA is a Consular Report of Birth Abroad basically says that your child is a USC based upon the US citizenship of one or both parents.

Knowing what consulate you would have to interview at would be helpful also.

I'm not sure, but I don't think they'd be overly concerned about the "inaccurate" date of marriage on your child's birth certificate. Especially if that date was a "Church" wedding, etc., that wasn't recognized legally.

Let's see what some of the more experienced and knowledgeable folks have to say.

Also, they want to know if your child will travel with you or travel to meet you later (more than 6 months I believe). Follow to join is when they travel after you by more than 6 months.

George

post-95386-0-00721700-1290407007_thumb.jpg

hi good day everyone...

anybody help me please?... my priority date is now current...and NVC started sending documents to my petitioner who's my hubby.... im the principal applicant...last 1998 i gave birth to my child.. and on the birth certificate i put date of marriage although our marriage was not registered.... we got legally married 2008... my question is... can i bring my child with me to the U.S? would the Consulate allow us or issue a visa even if we indicate false date of marriage on my child's birth certificate? what should i do?... please please help me....im so distress regarding this matter...one more thing.... what is following to join mean?.......

thanks

God bless...

11/15/10: I-130 package FEDEX'd to Chicago Lockbox

11/15/10: NSO Marriage and Birth Certificates available for pick-up at NSO

11/17/10: Receipt Date of I-130 petition at Chicago Lockbox

11/19/10: NSO Marriage Cert and Birth Cert (4x each) received by Gina in Philippines

11/19/10: CRBA package couriered to US Embassy in Manila

11/22/10: CRBA package/application including NSO BC & MC received by embassy

11/22/10: NOA1 Date

11/24/10: Electronic notification of receipt received from Chicago Lockbox

11/24/10: Embassy scheduled CRBA appointment for 12/21/2010

11/26/20: Check cashed

11/27/10: NOA1 Hardcopy received via USPS

12/21/10: Interview/Personal appearance at Manila Embassy for CRBA **approved**

01/03/11: CRBA and US Passport for daughter received by Gina via FEDEX

Filed: K-1 Visa Country: Philippines
Timeline
Posted

post-95386-0-00721700-1290407007_thumb.jpg

hi good day everyone...

anybody help me please?... my priority date is now current...and NVC started sending documents to my petitioner who's my hubby.... im the principal applicant...last 1998 i gave birth to my child.. and on the birth certificate i put date of marriage although our marriage was not registered.... we got legally married 2008... my question is... can i bring my child with me to the U.S? would the Consulate allow us or issue a visa even if we indicate false date of marriage on my child's birth certificate? what should i do?... please please help me....im so distress regarding this matter...one more thing.... what is following to join mean?.......

thanks

God bless...

This is just an amateur opinion, I'm sure your options depend on what country you are in. Each country would have its own rules. You could possibly apply to have it ammended before you show it to the immigration people. I would guess that you had to put a marriage date in order to give the baby the fathers last name. If you can get it officially corrected by your goverment before you show it to the US immigration people that would be best. If you cant get it changed at all, then you could try writing a letter of explanation saying that it is incorrect and why you did it. That letter would have to be signed and notarized.

The USCIS might forgive you for lying on a birth certificate 12 years ago but they wont forgive you for lying to them now. If being married at the time of your childs birth would change your or your husbands eligibility for immigration then that makes it more serious. You might try explaining your situation a little better because I really dont understand your situation. Its possible that someone else is not responding because you didnt make your situation clear.

I looked up Follow to Join, It basically means somebody gets a visa and somebody else like a wife or child becomes eligible to (follow) that person to the

States at a later time to (Join) them. without having to make a separate visa application. I have provided a link to a site that explains it, You can also probably find more info on this site

http://***removed***/greencard/***removed***/following-to-join-benefits.html

Filed: F-2A Visa Country: Philippines
Timeline
Posted

hi george,

my husband is a GC holder... he filed a petition for me under the category of F2A....my child born 1998...and my husband went to U.S 2005, is there any possible that the consulate makes this as ground to my petition? what should i do if the embassy or NVC discover that we indicate false date of marriage to our child birth certificate? he was already paid the Affidavit of Support fee... as far as i know...visa bulletin as of nov 2010 is june 2010.. and i was approved last april 2010.. please do help me...all i want is to bring my child with me to the U.S..

thanks a lot

Filed: F-2A Visa Country: Philippines
Timeline
Posted

thanks dan for that information..

yes you're right, we just indicate date of marriage just to give my husband's surname to my child. but no marriage done during that time.... my husband went to u.s 2005, and we got legally married 2008,, some people advise me to file a petition to the court for cancellation of entry,(to cancelled date of marriage to child birth certificate) but it's costly. that's why im looking anyone who can help me, anyone that can advise me what to do with this kind of situation, please what am i to do.

thank you...

Filed: Country: Philippines
Timeline
Posted
thanks dan for that information..

yes you're right, we just indicate date of marriage just to give my husband's surname to my child. but no marriage done during that time.... my husband went to u.s 2005, and we got legally married 2008,, some people advise me to file a petition to the court for cancellation of entry,(to cancelled date of marriage to child birth certificate) but it's costly. that's why im looking anyone who can help me, anyone that can advise me what to do with this kind of situation, please what am i to do.

thank you...

I am not a lawyer but I am know a little of the law in the PI. Before i suggest. I just want to ask you few questions. What is your intention why you put a wrong information in your child's birth certificate?. is your husband the biological father of the child? this questions are very crucial because Co will look into it. let me remind you also that upon interview. the CO will possibly ask for your marriage contract. so if there are inconsistencies with your marriage contract and your child's birth certificate. that will cause a red flag in your petition. This website is built for matters concerning visa and immigration and do not advice people to go underground or whatever. we, and the rest of the members believed that legal matters must be dealt with lawyers. we can give u advices, but it will never deem proper in your case.

regarding FTJ or follow to join. this is a type of visa given to immediate relatives of the benefiaciary, example, children, and wife/husband of the benefiaciry. when the beneficiary arrives in the usa, as soon as he gets his/her green card, she/he can apply for follow to join to his/her immediate family,.. note that there is a span of time for ftj, meaning, if you have your green card and took you few years before applying for ftj, it might not be possible at all and must resort to another visa type which is the cr2 for children.

Filed: F-2A Visa Country: Philippines
Timeline
Posted

thanks you for this,

my intention in putting the date of marriage to my child's birth certificate is to use my husband's surname, because of the benefits that i might be avail for my maternity during that time, that's why we put the date, but unfortunately i wasnt able to claim those benefits because i don't have marriage contrac.

so sorry to hear from you about this matter sir, i don't know what to do as this moment, im so upset thinking what to do regarding this matter sir, is there some ways in bringing my child to america?

thank you and God bless

Filed: K-1 Visa Country: Philippines
Timeline
Posted

Hi, You said your husband came to US in 2005. If that is the case he should be eligble to become a citizen. I understand you had a long wait already but if your husband became a citizen he would be able to apply for a visa for you with no priority wait time. the point of this is, If you did give up the F2a visa that has already been applied for you would not have to wait 10 years to apply for another visa,

Of course if you can proceed properly with the visa that is already in the works, that is the simplest thing to do. I dont know how fast you have to act after your priority number comes up.

I can tell you that 20 years ago I married a girl in PI. I told her before we applied for her visa not to lie about anything. I already knew honesty was not her strongest trait. So I said tell me any secretes now before we apply. So after about 6 months into the process she confessed to me that she lied to them about her age. The reason was because she had been lying to me about her age. words cant describe how pissed I was.

we had already passed the first part of the process. I sent them a letter explaining the situation. she didnt want to admit to me that she was older than me.

It's so long ago I dont remember any details but she most have gotten a birth certificate that had a wrong date on it and we must have turned that in with the original application. Anyway I sent them a letter telling them the truth. It delayed things but she was approved.

If it cost a few hundred dollars to get the birth certificate fixed legally, Pay it, Have your husband borrow the money. If you do things legally there is nothing to worry about. just do it before you turn the birth certificate into the USCIS or what ever agency needs it.

Dan

Filed: K-1 Visa Country: Wales
Timeline
Posted

It is not uncommon in the PI it seems particularly for married children to continue being sponsored as single.

So it is your Husband's status that is at risk.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

Filed: Country: Philippines
Timeline
Posted
thanks you for this,

my intention in putting the date of marriage to my child's birth certificate is to use my husband's surname, because of the benefits that i might be avail for my maternity during that time, that's why we put the date, but unfortunately i wasnt able to claim those benefits because i don't have marriage contrac.

so sorry to hear from you about this matter sir, i don't know what to do as this moment, im so upset thinking what to do regarding this matter sir, is there some ways in bringing my child to america?

thank you and God bless

another question maam, is your husband the BIOLOGICAL father of your son or not? if he is, you can just go to a lawyer and have the error corrected in a legal way. that shouldnt be a problem. although, during the immigration process, the CO of the US embassy might request a DNA testing for your child . just to prove that he is the biological father of your son.

as i was reading your post, I also want to add this question. what is your husband's current status in the US? based on my counting, he is more than 5 years so he must be a US citizen by now. if I am right, that will again cause you some delay since, your husband if ever that he is now a US citizen, should have called the USCIS or NVC and made it aware of his change of status from LPR to USC.

simple analysis. could be right or wrong,:

if ever, your child is not your husband;s child, but it is your biological son, you can still file for ftj AS SOON As you get your green card . if ever, the child is the biological son of your husaband, he can actually go with you since under the child protection act of the US, minors can accompany their parents going to US if circumstances would deem necessary and favorable on the child. example. if you and your go to US and be with your husband, so the child will be left here in phil.

my advice.: seek legal consult to an immigration lawyer. your case is not really that bad. just that it was tricky..:)

Filed: F-2A Visa Country: Philippines
Timeline
Posted

yes robert my husband is the biological father of my child. he is Greencard holder, he can't change his citizenship because of my petition, is there a possibility to bring my child to U.S although my child is not included to my petition? what should i do if CO will found out that there's a false marriage indicated on the birth certificate (no marriage contract to show them).

thank you.

Filed: Country: Philippines
Timeline
Posted
yes robert my husband is the biological father of my child. he is Greencard holder, he can't change his citizenship because of my petition, is there a possibility to bring my child to U.S although my child is not included to my petition? what should i do if CO will found out that there's a false marriage indicated on the birth certificate (no marriage contract to show them).

thank you.

Bottom line is. if your son is your biological son and as well as your husband;'s biological son. then theres no way you cant bring him. he can qualify ! you can either file an FTJ ..

I am 99% sure that the CO will ask for the Marriage Contract. if i were you. i would go to a lawyer. and correct the error on the date of the birth certificate. do not be afraid, they wont be looking into that. what they will possibly be looking if they found some red flags on your document is to do a DNA testing. now if since it is your biological child. both u and your husband. then, i say. Relax, take a deep breath. coz everything is going to be okay. just correct the entry on the birth certificate. thats it. then youre done. and make sure you bring the uncorrected birth certitificate and the corrected one during the interview and other legal documents presented to correct the wrong entry on the birth certificate. i think, you can try to go to a local civil registrar and ask tem if they can do it for you. im pretty sure that they can do it..

Filed: Country: Philippines
Timeline
Posted
he can't change his citizenship because of my petition,

please read this link mam. click here

your husband has the choice to retain his status as a green card holder. but he should have to file or made the National visa center about his intent. otherwise. the CO will check on your husbands status and they will find out that he is eligible for citizenship.

Filed: K-1 Visa Country: Philippines
Timeline
Posted

let me try to restate your situation clearly.

1. 1998, you put a date of marriage on your childs birth certificate even though you were not married, the reason was so he could have the fathers last name.

2. 2005 boyfriend, (the father of the baby) was eligible to come to the states because he was an unmarried child of a citizen or green card holder.

on his application to come here they asked him to list any kids he had, and he listed none because he was afraid to show his childs birth certificate.

3. 2008 He married you and applyed for you to come over as his wife. Again on the application they asked to list any children you have and you listed

none, because you were afraid to show the birth certificate. You waited 2 years for your priority number to come up and now it has.

4. Now that the time has come, the idea of leaving your 12 year old child is tearing you up.

Assuming that I have stated things correctly, the best time to deal with this would have been on the original application for your boyfriend to come to the states. I think it would not have been that big of a problem. but since you have filed two official applications denying the existence of your child.

You have dug your hole deeper and deeper.

Just getting the birth certificate corrected now is not enough.

It probably would have been in 1998.

If you want to bring your son to the states, It is time to get a lawyer.

I think the basic strategy would be to correct the birth certificate and then throw yourself on the mercy of the USCIS or who ever is in charge of your application at this point. I dont think the lawyer would use a different stategy but he could at least state your case clearly which seems to be very hard for you.

I see your choices as this.

1. Leave you child behind, and come visit him once a year or so with no hope of ever bringing him to the states by virtue of his relatiionship to you.

If you cant afford a lawyer now then you probably wont be able to afford to visit once a year.

2. Pay whatever is neccessary to correctly fix the birth certificate, then tell the USCIS your story and hope for the best.

3. consult a lawyer,(not too much money) ask him to explain the posible dangers of bringing up your child now, Then choose#1 or #2 or hire him (big money) to tell the USCIS the story for you.

Good luck

Dan

 
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