Advice on I129F

[Redicent 14]

Being a step-parent is not an adoption case.

Sole custody allows a parent to move without the other parent's consent, including to another country.

I didnt say its an adoption case. I said it was "essentially an adoption case". "Essentially" means "intrinsic nature".

Also, they are not married yet, so the petitioner is not a step-parent.

Also, from the supreme court case cited:

"We likewise affirm the visitorial right granted by the CA to petitioner. In Silva v. Court of Appeals,³⁴ the Court sustained the visitorial right of an illegitimate father over his children in view of the constitutionally protected inherent and natural right of parents over their children."

[NikLR 13,227]

Contacting the USCIS if no NOA2 is present or the NVC if at that stage or at last resort the USEM would be the best idea on how the OP should proceed unless someone else actually has done this and knows what to do! LOL I confess that it's not something we run across, and applying for the K2 visa when the K1 is applied for (since before that it is simply an I-129F petition) is probably what will happen, in my best guess.

[d3adc0d3 186]

I corrected myself, thank you -- I think that's because it has to do with I-130s, because I never seen them asked for K1's. I'm on a K1 journey not a CR1 journey

[CallaLilly 0]

I am reseaching K2 visas right now also. I saw somewhere, on USCIS I think, that a child can be added thru the NVC. I am searching for the link. It might have been on travel.gov, not sure I will go back and find it.

[NikLR 13,227]

I didnt say its an adoption case. I said it was "essentially an adoption case". "Essentially" means "intrinsic nature".

Also, they are not married yet, so the petitioner is not a step-parent.

Also, from the supreme court case cited:

"We likewise affirm the visitorial right granted by the CA to petitioner. In Silva v. Court of Appeals,³⁴ the Court sustained the visitorial right of an illegitimate father over his children in view of the constitutionally protected inherent and natural right of parents over their children."

It can be likened to one, yes, but it is not. He is becoming a step-parent. While a step-parent CAN adopt a child, it doesn't always happen (I have had 2 step-fathers and a step-mother thanks... But I have never been adopted.)

Also as such I know that a parent with sole custody, can move a child without the other parent's consent, even to another country. However, it is best, I agree, to get a notarized statement from the other birth parent, if possible, giving consent for the child to move.

Personally I have to give a notarized statement that allows my child to cross the border with her father each time she visits or goes on vacation with him. But we have joint custody. When talking to family lawyers about this, the only way for him not to have to get my consent is if he were to have full legal custody, which I won't allow, so we have joint custody and deal with sending notarized statements.

I corrected myself, thank you -- I think that's because it has to do with I-130s, because I never seen them asked for K1's. I'm on a K1 journey not a CR1 journey

You get to use them when you AOS!

[Redicent 14]

I'm not a USCIS adjudicator, but I doubt an illegitimate child would cause a red flag. As long as he's willing and able to support both of them, that's all the US really cares about.

Red flags are usually a combination of things, large age gap, large sums of money being transferred to the USC's bank account, criminal history, etc.

As for the child leaving the country, I am not am immigration attorney. But it was stated also in that source, which I linked, this:

You're right. An illegitimate child is not usually a red flag. Its the timing of this baby girl's birth that may raise questions. There are a myriad of reasons that will answer the questions. But to ignore the possibility of questions is unwise. Thats why I mention them now.

The case you cite is interesting. It provides a precident for judges to follow in granting custody. It does not however address administrative assumption of custody in cases that may be disputed. Nor does the case regulate officers at the point of exit that any mother carrying a child may leave the country. And the case reaffirmed the father's right to visitation. The case just shows how a judge should rule if a case were brought before them. For a mother to leave with a child without the father, she would likely be asked for a custody decree.

[julitathomas0810 30]

Wow did not think this would be a hot topic . I just needed to know if I could with an RFE send in the K2 . My first thoughts were the case is suspended . How could I send in additional information and expect it to be included . I was happy to find that I could send in that added K2 . I am fully aware of the red flags . Even though I did not ask that question I am grateful for the responses . We will be strong together and I plan to be with her during the interview process . If it goes to AP or worse a denial we will move forward together .

[d3adc0d3 186]

I would recommend sending in the page 3 filled out again in the I-129F with a cover letter explaining the child was just born along with any supporting documents, such as a Birth Certificate, any Custody papers that may be necessary (you may need to contact an immigration lawyer for legal advice on that one), and whatever was asked in the RFE.

I-129F application form

http://www.uscis.gov/files/form/i-129f.pdf

[julitathomas0810 30]

You're right. An illegitimate child is not usually a red flag. Its the timing of this baby girl's birth that may raise questions. There are a myriad of reasons that will answer the questions. But to ignore the possibility of questions is unwise. Thats why I mention them now.

The case you cite is interesting. It provides a precident for judges to follow in granting custody. It does not however address administrative assumption of custody in cases that may be disputed. Nor does the case regulate officers at the point of exit that any mother carrying a child may leave the country. And the case reaffirmed the father's right to visitation. The case just shows how a judge should rule if a case were brought before them. For a mother to leave with a child without the father, she would likely be asked for a custody decree.

We have been trying to find the best way to answer these questions . The father wants nothing to do with the baby . Does not want his name on the birth certificate . From what my fiancee tells me she will just put single mother . I do not know anything about that , so I will take her word for it . At the interview I would think the question " who is the father ? " will be raised . Perhaps it will not with the single mother on the birth certificate . We plan to be as honest as can be with the questions asked . I do not want to offer anything that can cause AP or a denial . I feel if we are honest and show that we are in a relationship . Yes we now have the baby , but both wish to be together . I will provide an acknowledgement about the baby .

If I could do all of this now and instead at the Interview would be great . I feel if it is already in the petition it will give us a better chance . A sudden surprise at he interview I feel would be worse .

[CallaLilly 0]

Ok, I knew I saw somewhere some info on this, not this whole page (link to follow) is about the situation but in section 2 It specifically says about a pregnancy occuring before fiiance is approved or arrives in US. http://www.uscis.gov/ilink/docView/SLB/HTML/SLB/0-0-0-1/0-0-0-53656/0-0-0-56183/0-0-0-57651.html

Now the quote is from am email I received from the US Embassy in Lagos, Nigeria. I had my own K2 question for them. The auto response included this in the list of Frequently Asked Questions:

Q: How do I add a family member to my case?

A: If you would like to add an additional family member to an approved petition stored at NVC, please contact NVC in writing to do so, and provide the petitioner and beneficiary’s names and dates of birth, case number, receipt number, and a copy of the birth certificate. To contact NVC by phone, you must call between 7:30 a.m. and midnight, Monday to Friday, Eastern Standard Time (EST). It may be easier to reach NVC during the morning. Follow the prompts to speak with an operator. NVC’s telephone number is: 603-334-0700. You may also inquire via e-mail at NVCInquiry@state.gov<mailto:NVCInquiry@state.gov>.

Dont know if any of this helps but maybe will give you a sarting point?? My best suggestion is contact the embasy or consulate.

[Redicent 14]

Since we have not heard from the OP regarding the baby's staus. We cannot assume that the mother has been granted sole custody. The supreme court case cited, guides that the mother should be granted custody. But the case also reaffirms the right of visitation of the father. The case in question involved a child who was outside the country already, then came back after the mother was deported. There was conflicting evidence regarding the desire to return and stay in the Philippines. This baby was born a few days ago. I doubt that a court has granted sole custody already.

[KayDeeCee 4,893]

I need to add a K2 from a pregnancy while the I129F was filed . Right now with our case we have an RFE on July 16th . The baby was born on July 23rd . Since we have an RFE will this be a chance to add the baby ? If so how would I do this ? At this point I did not receive the letter . However I believe it is for outdated G325A forms I used . It was the only thing I could find fault while looking at my I129F copy . Born in the Philippines baby girl

Good grief with all the extra banter in this thread about your simple question. Let's stick to the immigration advice the OP actually sought.

Since you received an RFE, you have the great opportunity to add the child to your I-129F now. Yes, send a revised I-129F with your RFE response explaining the date the child was born and the need to add her now.

She can file for a K-2 for the child when she applies for the K-1. The K-2 is not free. A K-2 must pay the same visa processing fee as a K-1, so you will need double the visa fees when the time comes. The child will also need a medical and whatever else Manila may require. She will need to prove sole custody or the baby's father will have to provide permission for her to move to the US with the child.

[d3adc0d3 186]

Good grief with all the extra banter in this thread about your simple question. Let's stick to the immigration advice the OP actually sought.

Since you received an RFE, you have the great opportunity to add the child to your I-129F now. Yes, send a revised I-129F with your RFE response explaining the date the child was born and the need to add her now.

She can file for a K-2 for the child when she applies for the K-1. The K-2 is not free. A K-2 must pay the same visa processing fee as a K-1, so you will need double the visa fees when the time comes. The child will also need a medical and whatever else Manila may require. She will need to prove sole custody or the baby's father will have to provide permission for her to move to the US with the child.

Thank you!

[Redicent 14]

We have been trying to find the best way to answer these questions . The father wants nothing to do with the baby . Does not want his name on the birth certificate . From what my fiancee tells me she will just put single mother . I do not know anything about that , so I will take her word for it . At the interview I would think the question " who is the father ? " will be raised . Perhaps it will not with the single mother on the birth certificate . We plan to be as honest as can be with the questions asked . I do not want to offer anything that can cause AP or a denial . I feel if we are honest and show that we are in a relationship . Yes we now have the baby , but both wish to be together . I will provide an acknowledgement about the baby .

If I could do all of this now and instead at the Interview would be great . I feel if it is already in the petition it will give us a better chance . A sudden surprise at he interview I feel would be worse .

Congratulations! Some of what to do next depends on what stage of the petition/application you are at. If the petition has not yet been approved or is still at NVC, you may be able to amend the petition. Of course other documents may be need to be amended. If it has been approved and has left NVC, then another petition must be filed, just for the child. This is according to a friend who is adding a child late to a K-3 visa.

You understand the questions this raises.

[julitathomas0810 30]

Good grief with all the extra banter in this thread about your simple question. Let's stick to the immigration advice the OP actually sought.

Since you received an RFE, you have the great opportunity to add the child to your I-129F now. Yes, send a revised I-129F with your RFE response explaining the date the child was born and the need to add her now.

She can file for a K-2 for the child when she applies for the K-1. The K-2 is not free. A K-2 must pay the same visa processing fee as a K-1, so you will need double the visa fees when the time comes. The child will also need a medical and whatever else Manila may require. She will need to prove sole custody or the baby's father will have to provide permission for her to move to the US with the child.

Do I pay $340 at the US embassy in Manila or with the RFE response ? I was also going to add a letter of acknowledgement about the baby along with the RFE .