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LexiandAnthony

Surprise you have a 4 year old daughter!!!

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Half way thru k1 visa and my fiancé finds out he has a 4 year old daughter. ####### do I do now? Should I with draw!?

He's never even seen the kid.

K1 VISA
4/25/2011 Sent Papers for Toney to sign.
5/9/2011 Received package from me
5/10/2011 He sent back to me DHL
5/11/2011 Received packaged
5/14/2011 Sent Forms to the Texas Lockbox.
5/16/2011 They received it. Signed by J.Author
5/18/2011 NOA1 Text/Email
5/23/2011 NOA1 Hardcopy
7/29/2011 NOA2 APPROVED NO RFE
8/15/2011 NVC Received
8/17/2011 Left NVC
8/26/2011 VISITING TONEY FOR 10 DAYS!!
8/27/2011 recieved packet 3
9/19/2011 Received Interview date (11/03/2011 @ 9:30Am)
9/26/2011 Made medical appointment ( 10/20/2011 )
10/20/2011 Medical was a success!!
11/3/2011 APPROVED!!!P
12/1/2011 UPDATE: 18 business day's into AP :( DEPRESSED....
12/9/2011 VISA IN HAND!!
12/16/2011 POE MIAMI
12/31/2011 MARRIED!


ADJUSTMENT OF STATUS
03/03/2012 Sent AOS Express Overnight ( On a Saturday )
03/05/2012 AOS Delivered Signed By J.C
03/13/2012 Hard copy of NOA1
03/31/2012 Got Biometrics appointment... 4/25/2012 10am
4/27/2012 EAD in production.
4/27/2012 AP APPROVED
05/05/2012 Got EAD CARD
6/12/2012 APPROVED AOS INTERVIEW
DONE FOR TWO YEARS!!!

ROC (REMOVAL OF CONDITIONS)

5/1/2014 Sent our ROC Express Over night
5/5/2014 Package Picked up Signed by R.Gonzales
5/8/2014 Received NOA/Extension in mail
7/18/2014 GC APPROVED.....
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Filed: AOS (apr) Country: Turkey
Timeline

Why would you withdrawal the petition? The logical thing is to do a DNA test and if he has a daughter then there is a new little one to join your family....This is life....And from that knowledge you decide how to handle when you all will see her.....Just confused by the thought of withdrawal?

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Filed: Citizen (apr) Country: Belarus
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If the child is his, and he will have some responsibility for him/her, and you marry him, its very possible you may have some responsibility as well. Have you considered this?

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Filed: Citizen (apr) Country: Egypt
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Wow, a shocker on both parts? Well, this day and age, that isn't uncommon. Now you two have alot to discuss. Is he still willing to move to the US to be with you? Is he going to accept his daughter in his life? Lots of questions to ask and answer. To withdraw your application sounds kind of personal. Guess it would depend on whether or not you plan on accepting this girl as your stepdaughter and know he is responsible financially for her. Why didn't the mother make it known sooner? Or did he all ready know and didn't tell you?

Sorry you are having to go through this.

"A positive attitude may not solve all your problems, but it will annoy enough people to make it worth the effort. " – Herm Albright

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Receive Green Card in mail: 06/03/2010
Received SSN: 06/17/2010
Received NEW SS CARD: 07/20/2010
(to match GC!)
Got JOB!!: 09/27/2010
Got a better JOB!!: 11/20/2010

ROC Mailed: 02/16/2012
Check cashed: 02/24/2012
NOA received dated for: 02/22/2012
Biometrics dated:
04/18/2012
RFE:
10/23/2012
RFE Response Confirmed: 11/16/2012
Interview at Orlando office: 02/13/2013

2nd RFE!!: 10/03/13

2nd RFE Response: 10/09/2013

Update Biometrics: 10/13/2013 NEVER GOT 10 yr card!

N-400 mailed: 01/21/2014

Biometrics (N-400): 02/21/2014

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Wow, a shocker on both parts? Well, this day and age, that isn't uncommon. Now you two have alot to discuss. Is he still willing to move to the US to be with you? Is he going to accept his daughter in his life? Lots of questions to ask and answer. To withdraw your application sounds kind of personal. Guess it would depend on whether or not you plan on accepting this girl as your stepdaughter and know he is responsible financially for her. Why didn't the mother make it known sooner? Or did he all ready know and didn't tell you?

Sorry you are having to go through this.

He says EVERYTHING will stay the same. I'm not mad at him. But on all the forms I've put no for kids. So they see maybe he has a kid.

K1 VISA
4/25/2011 Sent Papers for Toney to sign.
5/9/2011 Received package from me
5/10/2011 He sent back to me DHL
5/11/2011 Received packaged
5/14/2011 Sent Forms to the Texas Lockbox.
5/16/2011 They received it. Signed by J.Author
5/18/2011 NOA1 Text/Email
5/23/2011 NOA1 Hardcopy
7/29/2011 NOA2 APPROVED NO RFE
8/15/2011 NVC Received
8/17/2011 Left NVC
8/26/2011 VISITING TONEY FOR 10 DAYS!!
8/27/2011 recieved packet 3
9/19/2011 Received Interview date (11/03/2011 @ 9:30Am)
9/26/2011 Made medical appointment ( 10/20/2011 )
10/20/2011 Medical was a success!!
11/3/2011 APPROVED!!!P
12/1/2011 UPDATE: 18 business day's into AP :( DEPRESSED....
12/9/2011 VISA IN HAND!!
12/16/2011 POE MIAMI
12/31/2011 MARRIED!


ADJUSTMENT OF STATUS
03/03/2012 Sent AOS Express Overnight ( On a Saturday )
03/05/2012 AOS Delivered Signed By J.C
03/13/2012 Hard copy of NOA1
03/31/2012 Got Biometrics appointment... 4/25/2012 10am
4/27/2012 EAD in production.
4/27/2012 AP APPROVED
05/05/2012 Got EAD CARD
6/12/2012 APPROVED AOS INTERVIEW
DONE FOR TWO YEARS!!!

ROC (REMOVAL OF CONDITIONS)

5/1/2014 Sent our ROC Express Over night
5/5/2014 Package Picked up Signed by R.Gonzales
5/8/2014 Received NOA/Extension in mail
7/18/2014 GC APPROVED.....
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He says EVERYTHING will stay the same. I'm not mad at him. But on all the forms I've put no for kids. So they see maybe he has a kid.

This better be disclosed at the interview if he or you is ever to petition the child. I'd still ask for DNA now - someone jsut showed up one day and told him he has a 4-yr old child?

ROC 2009
Naturalization 2010

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Filed: Citizen (apr) Country: Ireland
Timeline

I agree on the DNA test- both for his sake (there is a chance the mom is naming him now just because she thinks it is a way for the child into the USA), and as an explanation why you didn't list the child on the forms.

Bye: Penguin

Me: Irish/ Swiss citizen, and now naturalised US citizen. Husband: USC; twin babies born Feb 08 in Ireland and a daughter in Feb 2010 in Arkansas who are all joint Irish/ USC. Did DCF (IR1) in 6 weeks via the Dublin, Ireland embassy and now living in Arkansas.

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Why would you withdrawal the petition? The logical thing is to do a DNA test and if he has a daughter then there is a new little one to join your family....This is life....And from that knowledge you decide how to handle when you all will see her.....Just confused by the thought of withdrawal?

Because if they find out he has a kid they will just deny him since we didn't put that in forms. But then again it's not like he wants to bring the kid to us. So I mean would it really matter?

K1 VISA
4/25/2011 Sent Papers for Toney to sign.
5/9/2011 Received package from me
5/10/2011 He sent back to me DHL
5/11/2011 Received packaged
5/14/2011 Sent Forms to the Texas Lockbox.
5/16/2011 They received it. Signed by J.Author
5/18/2011 NOA1 Text/Email
5/23/2011 NOA1 Hardcopy
7/29/2011 NOA2 APPROVED NO RFE
8/15/2011 NVC Received
8/17/2011 Left NVC
8/26/2011 VISITING TONEY FOR 10 DAYS!!
8/27/2011 recieved packet 3
9/19/2011 Received Interview date (11/03/2011 @ 9:30Am)
9/26/2011 Made medical appointment ( 10/20/2011 )
10/20/2011 Medical was a success!!
11/3/2011 APPROVED!!!P
12/1/2011 UPDATE: 18 business day's into AP :( DEPRESSED....
12/9/2011 VISA IN HAND!!
12/16/2011 POE MIAMI
12/31/2011 MARRIED!


ADJUSTMENT OF STATUS
03/03/2012 Sent AOS Express Overnight ( On a Saturday )
03/05/2012 AOS Delivered Signed By J.C
03/13/2012 Hard copy of NOA1
03/31/2012 Got Biometrics appointment... 4/25/2012 10am
4/27/2012 EAD in production.
4/27/2012 AP APPROVED
05/05/2012 Got EAD CARD
6/12/2012 APPROVED AOS INTERVIEW
DONE FOR TWO YEARS!!!

ROC (REMOVAL OF CONDITIONS)

5/1/2014 Sent our ROC Express Over night
5/5/2014 Package Picked up Signed by R.Gonzales
5/8/2014 Received NOA/Extension in mail
7/18/2014 GC APPROVED.....
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Filed: Country: Jamaica
Timeline

I am so sorry to hear that you received that surprising news, but do you trust Toney????? I find it kind of ironic that after he was denied his visa, now out of the blue there is a 4 year old child out there that he knew nothing about. hmmmm. Now, of course I don't know Toney nor yourself, but for me that would be a red flag. You questioned yourself saying should you withdraw, but only you can answer that question, because at the end of the day no matter what advice you're given, you are the one who has to live with what choice you make, not anyone else.

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Filed: AOS (pnd) Country: Netherlands
Timeline

Get a DNA test.

AOS TIMELINE:

02/08/2012 AOS Application Sent.

02/14/2012 NOA Hard Copy Received for EAD and AOS in mail 2/14/2012.

03/01/2012 Biometrics letter received. Bio scheduled at 3pm on 03/29.

03/29/2012 Successful Biometrics. In & out only 20 mins.

04/03/2012 Received text and email of EAD card production.

04/05/2012 Received text and email of EAD card mailed.

04/06/2012 Received EAD Card.

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Filed: K-1 Visa Country: Jamaica
Timeline

She doesn't want to withdraw because he has a kid. What she's asking is if it's better to withdraw then get denied at the interview for not putting the child on the previous paperwork. The child was a surprise to both of them.

I don't think it matters, I would just say get the DNA test like everyone has suggested and then if the child is his add her to it with proof that the DNA test was recent and you were both unaware.

Edited by KaynPhil
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Filed: Country: China
Timeline

You're early in the process so I would get the DNA test and go from there. Just because someone says he has a daughter doesn't mean it is so.

How long does it take to get the results? If it is a matter of a few weeks then you can wait for these before withdrawing the petition. If it turns out not to be true you have saved some time and money. If it is his child then you will need to either withdraw the petition or get it corrected somehow. Something like that can sink a petition. Given that you learned early in the process if it isn't corrected, Immigrations could probably make a strong case for material misrepresentation if you don't correct this.

What about giving USCIS a call and explain to them what is going on and see if you can amend the petition when you get the results of the DNA test? Not sure if this is an option and you'll probably have to talk to a level 2 person or supervisor. If they let you do this then you won't loose too much time or the filing fees.

Service Center : California Service Center
Consulate : Guangzhou, China
Marriage (if applicable): 2010-04-26
I-130 Sent : 2010-06-01
I-130 NOA1 : 2010-06-08
I-130 RFE : 2010-11-05
I-130 RFE Sent : 2010-11-06
I-130 Approved : 2010-11-10
NVC Received CaseFile: 2010-11-16
NVC Casefile Number Issued: 2010-11-22
Received DS-3032 / I-864 Bill : 2010-11-23
OPTIN EMAIL SENT TO NVC: 2010-11-23
OPTIN ACCEPTED by NVC: 2010-12-14
Pay I-864 Bill 2010-11-23
Receive I-864 Package : 2010-11-23
Return Completed I-864 : 2011-03-30
Return Completed DS-3032 : 2010-11-23
Receive IV Bill : 2010-12-17
Pay IV Bill : 2011-03-16
AOS CoverSheets Generated: 2010-11-27
IV Fee Bill marked as PAID: 2011-03-18
IV CoverSheets Generated: 2011-03-18
IV email packet sent: 2011-04-4
NVC reports 'Case Completed': 2011-5-2
'Sign in Fail' at the Online Payment Portal: 2011-5-2
Final Review Started at NVC: 2011-5-2
Final Review Completed at NVC: ????
Interview Date Set: 2011-5-5
Appointment Letter Received via Email: 2011-5-6
Interview Date: 2011-6-1
Approved!!!!!

I-751 Sent : 2013-07-02

I-751 Bio Appointment Date 2013-08-02

10 Year Green Card Approved!!!!!

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Because if they find out he has a kid they will just deny him since we didn't put that in forms. But then again it's not like he wants to bring the kid to us. So I mean would it really matter?

All forms always note that the information provided in form is true to the best of your knowledge, which seems to be the case here. If new information becomes avaialble, you then disclose that with the proper documentation.

IN this case, you want a DNA test done and if in fact there is paternity, then you might first need to deal with laws in that country, you can't just take a children unless both parents consent. Of course, this might be a bit muddy since all you would have are affidavits in that there was no child before. If father works, it would be possible to show that no child was register with company or with government for possible governmentla benefits. The very fact thata DNA test was done is already an indication that doubts existed as to the paternity, and that woul dbe part of the documentation.

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I filled out the i-129F and mistakenly thought the Child question meant immigrating children only and put none. In reality my fiance has kids from a prior marriage. It was an honest and naive (before I found Visa Journey) error. Anyway when it came time to fill in his packet 3 forms he listed his children. They are staying with his ex-wife and not immigrating although he will remain very active in their lives. My point in all this is it is not an ax in the process so breath. But he is from UK so I am not sure if it is different for Jamaica. Just put his child on the packet 3 forms when the time comes. If they ask anything about it just be honest. Also I agree, he should verify that this is his child. If it is, wouldn't he want to be a part of her life?

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.....................................................................................................................................................
ROC Journey
09/23/13 - Sent I-751 Packet

09/27/13 - Received NOA1

10/07/13 - Received Biometrics Letter, appt sched for 10/31

10/09/13 - Received Transfer Notice. Case transferred to CSC Dated 10/08/13

10/31/13 - Attended Biometrics

02/18/14 - Approved!

02/26/14- 10 Year GC received!! exp. 2024!!

.....................................................................................................................................................

AOS Journey
8/13/11 - Mailed I-485, I-765 and I-131 Petitions off together
8/18/11 - Received Email NOA1 for all three petitions
8/24/11 - Received Biometrics Appointment
9/13/11 - Had Biometrics Appointment
10/19/11 - EAD/AP Approval Text/Email / 10/27/11 - EAD/AP Card Received in Mail!
11/18/11 - Interview Text/Email for Dec 21st!
12/21/11 - Interviewed & APPROVED!
12/27/11 - Welcome to USA Letter & GC Received!!

.....................................................................................................................................................

K-1 Visa Journey
1/06/11 - Mailed I-129F to Texas Lockbox
1/07/11 - Packet received and sent on to VT
1/10/11 - NOA1 / 1/14/11 - NOA1 arrived by mail
5/09/11 - NOA2!! (Took 119 Days) / 5/12/11 - NOA2 arrived by mail
5/17/11 - NVC Received
5/18/11 - NVC Sent
5/20/11 - Embassy Received
6/11/11 - Packet 3 Sent
6/14/11 - Packet 3 signed for by someone called "KOKO"
6/15/11 - Medical / 6/20/11 - Medical Logged
6/23/11 - Packet 3 Logged
6/30/11 - Packet 4 Received (with original interview date of 7/25)
7/04/11 - Packet 4 Received (with new interview date of 7/13)
7/13/11 - Interview!! APPROVED!!!
7/15/11 - Visa in Hand
7/29/11 - POE JFK

8/06/11 - Wedding Day!
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