Children of family members

[JaimeRachel 0]

My husband and I want to petition for his brother. His brother has a daughter. He has no legal rights to the child and there is no father listed on the birth certificate. There is a section on the visa form that asks for information regarding past marriages and children. My brother-in-law has never been married, so we are not worried about that. What I want to know is whether or not we need to list the daughter?

[apple21 953]

If he's 100% sure the child is his, then yes he should list the child on the i130. Is he intending to immigrate with his daughter?

Anyhow, it'll take 13 YEARS before he can immigrate to the US under the F4 category.

Edited February 13, 2014 by apple21

[JaimeRachel 0]

He is sure the child is his, but his not planning on bringing her with him. Does that make a difference?

[apple21 953]

He is sure the child is his, but his not planning on bringing her with him. Does that make a difference?

Yes, in a way.

The child, if listed, may qualify to be a derivative later on but its his (or their) choice if the child will immigrate or not. Of course, he will have to deal with the parental issues.

Edited February 13, 2014 by apple21

[JaimeRachel 0]

Thank you for your help. My husband and I are not sure what to do. My brother-in-law is worried that he will have to provide some kind of proof that it is his daughter and he has absolutely nothing. There is nothing linking him to the girl and she lives in a different country than he does. I am sure that he would love to one day bring her here too, but I doubt very much that the mother would ever allow such a thing. Any advice would be greatly appreciated.

[aaron2020 11,651]

You list his child.

The instructions tells you to list all of the beneficiary's children even if they are planning not to immigrate.

The advantage of listing her is that she may have the opportunity to immigrate later based on him claiming paternity.

If he does not list her, then it may be impossible for her to claim a father/daughter relationship established prior to her 18th birthdate to immigrate with or through him.

Edited February 13, 2014 by aaron2020

[NigeriaorBust 4,087]

the down side if he isn't 100 percent sure is they will ask for a DNA test and both may be denied if it fails. Her for not being related and him for immigration fraud.

[aaron2020 11,651]

the down side if he isn't 100 percent sure is they will ask for a DNA test and both may be denied if it fails. Her for not being related and him for immigration fraud.

A DNA test would only be requested in 13 years IF the daughter files for a visa.

Not an issue if the daughter never pursues a visa.