Obtain proof of Spouse's status

[Boiler 45,486]

Book, film, TV series?

It is all here!

[LIFE'SJOURNEY 970]

Book, film, TV series?

It is all here!

No judgement, but yes this a wild ride. So many people at fault, the children suffering.

[SingleDad2usc 71]

You friends deviated from the subject: adding name to Birth Certificates. What's wrong logically or procedurely with Judge, who deliberated on this case over 18 months' dozen hearings in quorum of 4 other Bar members, adding now 4 words to an order? If decision was carried out in such quorum to give me two fragile children actually, in the flesh; and no one has regretted that decision 100 months later, even upon daily monitoring - then what's wrong with awarding me Birth Certificates?

[Ihavequestions 419]

Because the order didn't say you are the DNA parent, it just says the children were born durning the time frame inwhich you'll were married. There is a hugh difference, you have alot to learn.

NY is justing saying that since you'll were married, you can be held respnsible for children that were born durning the time of your marriage. Did NY do a DNA ?

Even then the "married" part, I'm sure, was based on his testimony because, if you remember, the one copy of his marriage certificate just happens to be 1.) in a language other than English, 2.) issued from a "high fraud" country, and 3.) torn into pieces.

[Ihavequestions 419]

2005 Judge said: "IT IS ORDERED that Court Records show that Petitioner and Respondent were married on x/xx/2000 and continue to be married at the present time; XY and ZY are children of that marriage; birth certificates may be issued to father." This is certainly enough to receive copies. But was that enough language to have my name added? Clerk may tell me: go back and get Order of Filiation(?)

I wonder if same Judge is there; he might just add four words: "..., to add father's name".

You can try, but I don't think a judge will change the language of a seven year old order so that it becomes an order of paternity, particularly when that's a function of the family court system and easily accessible to you. Actually, the solution to your situation is free to file:

http://www.courts.state.ny.us/courts/nyc/family/faqs_paternity.shtml

Of course, it's possible the court might require a DNA test, and if that's what the court requires, you can either comply and obtain proof of paternity (which is NECESSARY for your VAWA application), or not.

[belinda63 3,038]

I'll tell a reverse story. I was married when two of my children were born. We both knew my husband was not the biological father but, because we were married, his name went on the birth certificate. When we divorced DNA testing was done which excluded him as the father. His name, to this day, is still on the birth certificate. Paternity has never been established for either child and their fathers have not had to pay a dime in child support.

Moral. there is a big difference between legal father and biological father.

As to the not having to have any legal status in the US to file as an abused spouse/child, still having a hard time with that. So any abuse that occurs on US soil at any time can be used for VAWA if the abuser later gains legal status in the US (barring the 2 year divorce rule)?

[Sandra G. 5,047]

Singledad I don't believe the sentence is enough to make the Vitals accept a correction without Mother's signature, it's just my opinion. I am not a family law attorney, but the easy way to solve the problem regarding your name on the birth certificates is the DNA test.

Edited August 7, 2012 by sandranj

[SingleDad2usc 71]

OK, I'll fill in details so we're all on the same page.

1. I do have clear photocopy, before the original marriage certificate torn by wife and handed to me (all pieces accounted). She deemed this act to imply "divorce"; given that marriage was not registered in the US, I suspect she went on to marry a US citizen in the US some year 2007-now without filing divorce anywhere. She'd pulled crazier stunts, so this would not be outlandish at all.

2. First: Judge 30 years on bench with books published deliberated on Neglect case in quorum of Legal Guardian, wife's court-appointed attorney, my court-appointed attorney and ACS attorney 18 months over dozen hearings. Decision: case dismissed against mother; discharge to Father with ACS supervision to ensure 1-...-5. Good luck!

3. ACS conference a year later directs me to file for custody. I go self-represented in 2005, and Judge on different floor grants me Final Order of Custody on Mother's default. Good luck! I immediately say: your Honor, the Birth Certificates don't have father's name. He addresses the Clerk: issue him a separate order! I get both orders an hour later, when Judge is gone. I'm not sure the wording is sufficient:

"IT IS ORDERED that Court Records show that Petitioner and Respondent were married on x/xx/2000 and continue to be married at the present time; XY and ZY are children of that marriage; birth certificates may be issued to father." ; but I never go back, or to Vitals - there really was no reason before now.

4. Sandranj posts yesterday: "you can tell the social worker that you want to execute a voluntary consent to termination of parental rights and the children services worker will evaluate and then they will explain you the whole process, but YOU MUST SEEK/HIRE A LAWYER or SOME ORGANIZATION to represent your request, the social worker CANNOT submit the papers on your behalf ,or you can ask the social worker to make a referral for legal advice to the Division of Legal Services." I'm following to the letter: I already discussed with caseworker that conference next week will say that they refer me to DV/Legal Network to address all concerns re: mother, Birth Certificates, immigration.

5. Everyone here discussing DNA is right re: Paternity angles. I'm not sure there is much of a paternity angle re: THESE two children. Two Judges gave mother a chance to say something about it before ordering that I'm the father. There is no court record that anyone has ever voiced any alternative Father; children are now 11 and 9.5 - and have only known me as father, moreover the single care-giver, moreover the official father per Judges Orders!

6. What if I go to same Judge, reminding him what I asked him for before, and telling him that Vitals supervisor was not satisfied with not having the words "father may request correction to B.C.'s, to now fill in the blank with father's name" (on mother's default - if Judge wants to add that)

7. I can't imagine taking DNA being right advice, given: 1)there has never been any challenge whatsoever 2)Judges had been perfectly satisfied to issue more than one Order on Mother's default

[SingleDad2usc 71]

To re-iterate: thanks for Paternity link. I love links, always talk links to me! It seems, though, that link is geared toward "no-marriage" children.

Here is why I disagree that Judge's hands are tied 7 years later: if same Court didn't require DNA and Paternity hearing before awarding me live children of 3 and 1.5 years of age - why would he suddenly push me over to Paternity process now, when they are 11 and 9.5? Are Birth Certificates more valuable than children (and require more care of the Court)?

I also disagree with suggestion that Paternity is required to file VAWA - unless you can cite a statute(?) Should I shy away from filing to VSC with Birth Certificates that have blank for Father? If my Lawyer attaches Judge's Order 2005, and explains that correction to certificates is being applied for (as well as Mother's termination)?

[Ihavequestions 419]

Why do you continue to ask questions then argue that the reasonable solution is not going to happen?

The birth certificates prove the children are US citizens by birth.

The omission of you as a named father - twice - as well as your possibly ex-wife's asylum application in which she claimed she wasn't married would lead a reasonable person to question paternity of the children.

As you have already been told, legal custody and parentage are two entirely different things.

As you have already been told, it is up to you, and nobody else, to provide evidence to support your VAWA claim.

The simple - AND FREE - solution is to have DNA testing done and submit that as evidence. It's not like USCIS hasn't asked for DNA testing before; do a search in these forums and you will see it happens a lot.

[SingleDad2usc 71]

Ihavequestions, your comments are some of the most helpful - because they help everyone to think through issues. And some comments contain links to Laws or Policies; and I humbly asked to cite USCIS policy requiring "Biological fatherhood" or "paternity proof" for VAWA application. My impression is that Single Father only needs to proof that he has been confirmed (ordered) by Court in the US as LEGAL FATHER (not BIOLOGICAL FATHER).

You rightfully say: "it is up to you, and nobody else, to provide evidence to support your VAWA claim." My lawyer will submit to VSC proofs that:

1. Marriage entered in good faith (2000)

2. Spouses lived together in US (2000-2003)

3. Marriage has not dissolved more than two yeas ago (no divorce record nationwide)

4. Abuse has taken place in US (Spouse's DV conviction and 13-month served under jurisdiction of Mental Health Criminal Court, same term that my Order of Protection; children's bruises pictures taken by ACS and 3 official notices from NY STATE CHILD PROTECTION investigations, each finding "abuse indicated" against mother 2002, 2003, 2003; child's psych reports)

5. Children's Birth Certificates 2001, 2003 with only Mother named + Court Orders 2004-2005 granting me Final Order of Custody on mother's default and right to be issued Birth Certificates. My lawyer will also say that we're currently filing to Terminate Mother's rights, correct Birth Certificates and Order of Protection for me and children.

6. I'm person of good moral character.

7. Abuser is currently LPR or USC (submitting spouse's A# to USCIS, if no better proof available).

If anyone can point out what's missing for my lawyer's VAWA submission, I'll be most grateful

[Boiler 45,486]

If you are not comfortable with your Lawyers competency then I would advise getting a second opinion.

Edited August 8, 2012 by Boiler

[belinda63 3,038]

For real, why are you still here discussing this and not at the attorney's office? Is there any point to continuing to beat this dead horse? Either you have or know what you need or you don't, there is no point in trying to convince someone on a message board of your case, it is USCIS you need to convince.

[BethandBilly 86]

I have to ask this question and please do not be insulted by it, but are you 100% sure you are the childrens biological father?

[SingleDad2usc 71]

I've heard this US stats: 15% of children during marriage are NOT Legal Father's bio children (fact, remaining unknown to him). This number seems reasonable: theoretically, only bio mother is obvious. Whose sperm got to her ovary first is uncertain, and only she (hopefully always sober) knows for sure who she might have had a brief encounter with.

My first contact with Immigration Lawyer will likely be in about a week, following ACS conference referral. I'll be sure to post Lawyer's opinions. Until then, you're my legal experts - and I sincerely appreciate all, especially the links (to statutes and USCIS memos)