I130 Denial

[heavyd 0]

I have a daughter who I never knew until she was over 21. I filed I130 and it was disproved because I never had a parent child relationship prior to age 18. Didn't know her then! I had a congressman's office try to help and USCIS still says it is a rule. I was in military at time of her conception overseas in UK. My daughter still resides in the UK, I want her to come live here in US.

HELP

Heavyd

[kzielu 1,149]

But what do you want help with ? Even if your I-130 was approved, the wait for her visa would be from 7 to 11 years depending is she is married or not.

If you want help, hire good immigration lawyer.

[heavyd 0]

But what do you want help with ? Even if your I-130 was approved, the wait for her visa would be from 7 to 11 years depending is she is married or not.

If you want help, hire good immigration lawyer.

Thanks for the response. She is unmarried. I originally filed in 2009. I was looking for a next step. I was denied for no"bona fide parent-child relationship" .

HD

[ndu26 114]

I never heard of that before. I know that rule applies to an adopted child but never heard it for biological child. something must have been done on her documentation at birth to make USCIS apply that rule to you.

Seek legal advice for sure cos this does not seem right. There has to be a loophole in the law somewhere.

[apple21 953]

If you are the... Biological father:

You must also submit...:

- A copy of your child’s birth certificate issued by civil authorities

- A copy of your marriage certificate to the child’s biological mother

- If you and/or the biological mother are no longer married, you must also submit evidence of the legal termination of that marriage through death, divorce, or annulment.

- If you never married the child’s mother before the child turned 18:

* If the law of your or your child’s residence considers the child legitimated, you do not need to provide additional information

* If your child is not legitimated under the law, you must submit evidence that you established a bona fide father-child relationship prior to the child turning 21 or marrying. This should be evidence of emotional and/or financial involvement in the child’s life.

Source: http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=86493e4d77d73210VgnVCM100000082ca60aRCRD&vgnextchannel=86493e4d77d73210VgnVCM100000082ca60aRCRD

It's not your fault, really. Circumstances were beyond your control so your daughter will have to find other ways to get a US visa if she wants to permanently move in with you. Work perhaps?

Edited March 15, 2013 by apple21

[heavyd 0]

It's not your fault, really. Circumstances were beyond your control so your daughter will have to find other ways to get a US visa if she wants to permanently move in with you. Work perhaps?

I am the Biological Father

I submitted my 1)Birth certificate 2) her birth certificate with me on it as her father 3) DNA proof.

Never married her mother.

How would I find out if... (If the law of your or your child’s residence considers the child legitimated), you do not need to provide additional information

You said work perhaps? Explain please. She currently works for the school board in the UK.

Thanx again All

HD