Is this gonna be a problem? Help pls

[pot121 1]

Hi guys,

Me and my USC husband is preparing all the documents needed to apply I-130 for my daughter, his step-child. She is not in the US. She is a minor under 18 and born out of wedlock.

I have read the guidelines here on VJ on how to apply for a step child.

But on my I-485 application, my lawyer did not include my daughters name.

I am wondering if there will be a problem with her application?

And another question, does my husband need to file I-864 and complete biographic information for him and my daughter? I read the guideline here, the only form needed is the I-130. But I wanna make sure to have all the requirement to avoid RFE.

Note: my daughter is not in the US.

Your advice will be very much appreciated! Thanks in advance!

[together4evr 360]

In what section of the 485 did your lawyer forget your daughters name?

Is it the part that states My Children? So, you claimed you did not have a daughter for the 485? And now you want to try and bring her here? The government will compare your paperwork previously submitted and they will question why you denied having her before.

I think you need another lawyer to help you. Even if your lawyer forgot to put your daughter on the papers, it is you who should have corrected the lawyer so you are responsible for your paperwork cause it is your life.

Good Luck

[pot121 1]

I really did not know at first, my lawyer filled out all the paper work. And today I was browsing to my copies and theres no name of my daughter.

Please help. What should I do?

[pot121 1]

When we signed the form, she did not ask me for my daughter's name, she knows from the beginning that I have a daughter. I leave it all to her since she is a lawyer and thought she know what she is doing. :/

What can I do to fix this?

I have my upcoming AOS interview in January. And I want to file her petition before the interview.

[ndu26 114]

I really did not know at first, my lawyer filled out all the paper work. And today I was browsing to my copies and theres no name of my daughter.

Please help. What should I do?

Immigration will see it as a case of misrepresentaion of facts. Your lawyer must have asked you "any children to include" right? so what did you answer. whatever biodata he filled out, he got from you. Go back to the lawyer and hear what he says. Hope it works out well for you.

I always believe in reading rereading and confirmating information on documents before I sign or give a go ahead even if I am dealing with an "expert".

go through other documents, was she even mentioned anywhere else at al ; if so that may be your leverage.

[pot121 1]

Immigration will see it as a case of misrepresentaion of facts. Your lawyer must have asked you "any children to include" right? so what did you answer. whatever biodata he filled out, he got from you. Go back to the lawyer and hear what he says. Hope it works out well for you.

I always believe in reading rereading and confirmating information on documents before I sign or give a go ahead even if I am dealing with an "expert".

go through other documents, was she even mentioned anywhere else at al ; if so that may be your leverage.

No she is not on the form at all. This is my fault. I trust on her and thought everything is okay, since she is a LAWYER!!! I dont know what to do. Is there a fix for this?

[pot121 1]

I need help. Everyone please share your knowledge and experience.. I dont trust my lawyer after what she did before, we completed my I485 application in July and she said she filed it. Received NOAs 2 mos after. USCIS received it Sep. What a LAWYER!! But I cant do anything right now. We have interview on January. Planning to dump her once approved. But here is another problem she did. If I ask her tomorrow She is only gonna lie to us!! Ughhh.

Is there any fix for this?

[Penguin_ie 5,993]

I would probably delay sending in the I-130 for your daughter. Bring corrected forms to your interview and explain the lawyer made the mistake. Once the corrected forms are on file, then submit the petition for your daughter.

[pot121 1]

I would probably delay sending in the I-130 for your daughter. Bring corrected forms to your interview and explain the lawyer made the mistake. Once the corrected forms are on file, then submit the petition for your daughter.

Thank u so much for your reply!! Can we do the corrections during the interview? Or Just bring corrected forms? Will this cause delay on our case?

To other members. If this happened to you before, please share your experience on how you fixed it. Thanks

[pot121 1]

My lawyer replied to the email I sent her concerning the mistakes she did. After sending a very long email this is all she replied :/

"Shouldn't be any problem at all just let the officer know at the beginning of the interview"

I just hope this wont cause any harm to my AOS :/

[Penguin_ie 5,993]

I would bring corrected forms. I don't think it will cause a delay, just make sure you give them the forms first thing, so YOU are the one who mentions the issue, not them (as they probably figured out through background checks that you do have a child, especially if the child was mentioned in whatever forms you filled in for your previous visa). I don't remember a case exactly like yours, but others here on VJ made big mistakes on their forms- usually the I-864- and were allowed to submit new forms at interv iew without issues.

[pot121 1]

Alright!! Thank u so much!! You help a lot!! Merry Christmas!!

[pot121 1]

To others who have done this before, please share your experience. Thanks in advance! happy holidays!

[pot121 1]

I would bring corrected forms. I don't think it will cause a delay, just make sure you give them the forms first thing, so YOU are the one who mentions the issue, not them (as they probably figured out through background checks that you do have a child, especially if the child was mentioned in whatever forms you filled in for your previous visa). I don't remember a case exactly like yours, but others here on VJ made big mistakes on their forms- usually the I-864- and were allowed to submit new forms at interv iew without issues.

I asked my lawyer if she can print out a corrected I485 that we can bring on the interview. This is what she said.

"They won't take it they will make The corrections on the form they have in the file. It has special stamps on it so no new forms are accepted at the interview. "

Now what to do? I guess I'll still bring corrected form just in case.

Ughh. That lawyer is a pain!!

Edited December 22, 2011 by pot121

[JimVaPhuong 4,863]

I asked my lawyer if she can print out a corrected I485 that we can bring on the interview. This is what she said.

"They won't take it they will make The corrections on the form they have in the file. It has special stamps on it so no new forms are accepted at the interview.  "

Now what to do? I guess I'll still bring corrected form just in case.

Ughh. That lawyer is a pain!!

This is correct. The immigration officer has the authority to make corrections on the forms. They made a few corrections on my wife's forms. As long as the information being corrected isn't MATERIAL then it won't result in the application being denied, nor will it result in a finding of misrepresentation against you. A fact is material if approval depends on the fact being true and correct. Whether or not you have children is not a material fact. It doesn't affect your eligibility to adjust status.

Tell the immigration officer at your interview that your attorney made a mistake on your I-485, and you'd like the IO to correct it. It shouldn't be a problem.