Bringing Children to America

[Joshuaching 11]

I am a US Citizen living in California. I met a Filipino girl in 2001 while vacationing in the Philippines and have dated since then. In 2004 she got pregnant and had a child who was born on April 2, 2005. I was with her when she gave birth to our "son" and I accepted responsibility for being the father by signing his birth certificate. In 2006, I went to the US Embassy in Manila to register and report his birth as the son of a US Citizen. During the interview, the consul required a DNA test to prove my paternity, but after discussing it with my girlfriend, we both decided not to go through with the DNA. The reason for deciding to fore go and abandon the report of birth is because my girlfriend had a two month affair with a boyfriend, before we really got serious with each other in 2004. I was afraid that the DNA would have unwanted results. Fast forward to the present; we got married on April 19,2012 and now I am petitioning both her and my "son" to come to the US.

My question is; would my previous abandoned claim have any bad bearing on my current petition for them. My son's birth cerificate lists me as the father and I really have no reason to doubt that he's mine, except that I didn't want to go through the DNA testing as I do not know how I would face any unwated results. Can't the USCIS see my son being petitioned as a "stepson" instead?

[Mike and Lily 13]

I am a US Citizen living in California. I met a Filipino girl in 2001 while vacationing in the Philippines and have dated since then. In 2004 she got pregnant and had a child who was born on April 2, 2005. I was with her when she gave birth to our "son" and I accepted responsibility for being the father by signing his birth certificate. In 2006, I went to the US Embassy in Manila to register and report his birth as the son of a US Citizen. During the interview, the consul required a DNA test to prove my paternity, but after discussing it with my girlfriend, we both decided not to go through with the DNA. The reason for deciding to fore go and abandon the report of birth is because my girlfriend had a two month affair with a boyfriend, before we really got serious with each other in 2004. I was afraid that the DNA would have unwanted results. Fast forward to the present; we got married on April 19,2012 and now I am petitioning both her and my "son" to come to the US.

My question is; would my previous abandoned claim have any bad bearing on my current petition for them. My son's birth cerificate lists me as the father and I really have no reason to doubt that he's mine, except that I didn't want to go through the DNA testing as I do not know how I would face any unwated results. Can't the USCIS see my son being petitioned as a "stepson" instead?

You can but......

Who's listed as the father on the birth certificate?

If you are, they still will likely require DNA testing

If the other guy is, his consent will be needed to take the child out of the country.

[jaycali 415]

You can but......Who's listed as the father on the birth certificate?If you are, they still will likely require DNA testingIf the other guy is, his consent will be needed to take the child out of the country.

Would that hold true also if the son was legally adopted by the OP? Or if the OP was the child's legal guardian?

OP: To petition the child you probably will have to have a DNA test. I'm not sure, but there might be a way that you can be DNA tested, and have the results given to the consulate without you actually knowing the result?

Edited May 24, 2012 by jaejayC

[Joshuaching 11]

You can but......

Who's listed as the father on the birth certificate?

If you are, they still will likely require DNA testing

If the other guy is, his consent will be needed to take the child out of the country.

Is this a personal experience for you? If not, I wonder if there are petitioners with similar situations out there?

[Joshuaching 11]

Would that hold true also if the son was legally adopted by the OP? Or if the OP was the child's legal guardian?

OP: To petition the child you probably will have to have a DNA test. I'm not sure, but there might be a way that you can be DNA tested, and have the results given to the consulate without you actually knowing the result?

When we married, we have in fact "legitimized" our son according to Philippine law. I was just wondering if the US Embassy would look at it the same way or would require other legal steps? My point in asking is to be ready for possible delays in the immigration of my wife and son. Perhaps I could prepare legally now so that when the question comes, I am ready. What do you guys think out there who've had similar experience or knows someone who's gone through a similar situation.

[Mike and Lily 13]

Is this a personal experience for you? If not, I wonder if there are petitioners with similar situations out there?

No, not my experience.

[NigeriaorBust 4,087]

You could do a DNA test privately , you will know the response before tackling the embassy. There is a better than 80% chance that they will require DNA especially since you walked away from the prior claim when asked for DNA. The outlaying issue is that is the child isn't yours you misrepresented at the CBA filing. By putting your name on the papers when your now wife had more than one sexual partner you have created an issue. You can file for your wife, but they wont issue a visa to the child because by having your name on the means the chld has a claim to USC and is not eligble for a visa. You need to know the DNA asnwer and proceed accordingly.

[LIFE'SJOURNEY 970]

If the consular asked for DNA in 2006, they are going to still request it in 2012. This is something you will not be able to get around.

[Joshuaching 11]

If the consular asked for DNA in 2006, they are going to still request it in 2012. This is something you will not be able to get around.

I was not trying to get around the issue at the time, but had realized that I may have been claiming something that wasn't mine so I dropped the claim for my son's citizenship. Later on when I married my now wife and my "son" had been legitimized, I am filing for my "son's" immigration with her mother as my stepson, rather than my natural biological son. My question to the forum is, if there are experts and experienced people, would anyone think that this would present a problem?

I intend to be honest with my reply to the immigration authorities. It's something that wasn't revealed to me by my now wife, as she herself did not know at the time that it was a possibility that she may have been impregnated by her former boyfriend.

[NigeriaorBust 4,087]

The problem is that your name is on the birth certificate. US immigration law prohibits issuing a visa to a US citizen. Go get the DNA done on your own. Once you know the genetic answer then you can proceed. If the child is yours , do the CRBA , If not go in with the DNA and say that your name is on the certificate but you are aware the child isn't your genetically. The child can then come as the child of your fiance. You are not going to get the child here without a DNA test , unless you can somehow get your name removed from the childs birth certificate. ( and because of the previous CRBA attempt you may still have to do DNA )

[Joshuaching 11]

The problem is that your name is on the birth certificate. US immigration law prohibits issuing a visa to a US citizen. Go get the DNA done on your own. Once you know the genetic answer then you can proceed. If the child is yours , do the CRBA , If not go in with the DNA and say that your name is on the certificate but you are aware the child isn't your genetically. The child can then come as the child of your fiance. You are not going to get the child here without a DNA test , unless you can somehow get your name removed from the childs birth certificate. ( and because of the previous CRBA attempt you may still have to do DNA )

I have looked at several companies to have the DNA test done privately. I have already bonded with my "son", so no matter what the result is, HE'S MY SON and we both love each other. I am the only known father from him, and no one had stepped in to claim him as his. Then once I know the result, I'll take it from there. I am sure that either USCIS or NVC would require some explanation from me and all I could really do is to be honest with my answers, and hope for the best.

[NigeriaorBust 4,087]

I have looked at several companies to have the DNA test done privately. I have already bonded with my "son", so no matter what the result is, HE'S MY SON and we both love each other. I am the only known father from him, and no one had stepped in to claim him as his. Then once I know the result, I'll take it from there. I am sure that either USCIS or NVC would require some explanation from me and all I could really do is to be honest with my answers, and hope for the best.

Being a father requires a lot more than fast swimming sperm. All you need to do is figure out which line the child get in , the child of a USC line or the step child one. It won't change how you feel, it won't change how the child feels about you, and it won't change what you tell the entire rest of the world about the child ( he is still your son no matter where that silly sperm came from )

[Joshuaching 11]

Being a father requires a lot more than fast swimming sperm. All you need to do is figure out which line the child get in , the child of a USC line or the step child one. It won't change how you feel, it won't change how the child feels about you, and it won't change what you tell the entire rest of the world about the child ( he is still your son no matter where that silly sperm came from )

Thanks a whole bunch for your replies. I would get back to the forum as to the result of this so that others with similar problems or situations would know how to deal with this in the future. I'll keep everyone posted.

[VanessaTony 3,567]

I have looked at several companies to have the DNA test done privately. I have already bonded with my "son", so no matter what the result is, HE'S MY SON and we both love each other. I am the only known father from him, and no one had stepped in to claim him as his. Then once I know the result, I'll take it from there. I am sure that either USCIS or NVC would require some explanation from me and all I could really do is to be honest with my answers, and hope for the best.

Why do you keep putting son in inverted commas? Is he really a girl? If you're trying to make it about how he might not be "your son" then also put the my in the inverted commas as in "my son". I know it sounds nit-picky but I was really confused at first from your OP and kept waiting for you to ask how you go about petitioning a child that was born a male but identifies as female.. or something like that.

In response to this post though - maybe the other possible father WOULD have stepped in if your name wasn't on the birth cert, or if she hadn't told you the child was most likely yours. Just because he hasn't, doesn't mean he shouldn't have rights BUT being the Philippines and seeing she wasn't married to the other possible father, if it turns out he IS the father then you won't need his approval because by Philippine law she has sole legal custody.

So basically all you need to do is: do the DNA to find out if the child is yours. If he is, great, file for CRBA. If he ISN'T then you need to have your name removed from his birth certificate and petition him as your step-son and then you can legally adopt him after he gets to the US if that is your and your wife's choice.

Edited May 25, 2012 by Vanessa&Tony

[renecherubs 18]

The truth will always set you free. Why not get that DNA test?it's always good to have an honest start especially for your son. So there would be no doubt whatsoever of whose son he is.