Help me - I-751 complication with my child's birth certificate

[asianbach 2]

Hi,

My conditional permanent residence was approved in 2012. When I applied at that time, I filed that we had a child together.

Then after my case had already been approved, I found out that the child was not mine and his true biological father filed to the court to have the Father's name on the Birth certificate changed from mine to his.

It was a tough time but me and my wife got through it and we are still living happily as a family up to this moment. I raise the kid like my own child and I love him very much.

But now I'm filing for the i-751 and there is a section "Information bout Your children"

Should I fill out the section with the kid's information and enclose the form with the kid's birth certificate even though my name is not on there?

I'm so confused and worried right now please help.

[KASH2011 382]

Hi,

My conditional permanent residence was approved in 2012. When I applied at that time, I filed that we had a child together.

Then after my case had already been approved, I found out that the child was not mine and his true biological father filed to the court to have the Father's name on the Birth certificate changed from mine to his.

It was a tough time but me and my wife got through it and we are still living happily as a family up to this moment. I raise the kid like my own child and I love him very much.

But now I'm filing for the i-751 and there is a section "Information bout Your children"

Should I fill out the section with the kid's information and enclose the form with the kid's birth certificate even though my name is not on there? Yes!

I'm so confused and worried right now please help.

Sorry to hear about what happened! Yes you can list the child and then check 'NO' for the question that asks if the child will be applying with you! You might also consider writing a short letter about what happened! Good luck to you

[Ian H. 207]

The child isn't legally yours so you shouldn't put him on the form. If it has the other man's name on it, you can't use the birth cert. Same thing if it's blank they will inquire as to why your name isn't on there. Infidelity is not cause for rejection. As long as you can prove that you are a genuine couple. Also the fact that it was your wife that cheated and not you, so you shouldn't have to worry about that getting your ROC denied. This will raise a red flag for them so just be prepared to answer all questions truthfully and to show that your marriage is legit.