help with a few questions on I-130

[Pallares 0]

1. My husband was in the U.S. 8 years ago but went back to Mexico on his own without any law problems or immigration problems. Is there somewhere Im suppost to put the dates he was here because on the form it only says "if currently in U.S fill out the rest". I checked the box "yes" that asks if he was ever in U.S. but thats all.

2. Also he has a daughter here that he doesn't know and he's not on the birth certificate. When I contacted his ex girlfriend, her mom, to ask her how to spell her name and birthdate, she said she doesn't want anything to do with this and wouldn't give me any info. I know she has his last name though. Do I need to put her on the form?

3. One more question. I havent changed my last name to his yet but as soon as I get our marriage certificate translated to english back, I plan on doing it. So on the form where I put my family name, do I put my married name or my maiden name?

I appreciate any help I can get since im trying to do this without a lawyer. Thanks

[Boiler 45,558]

He will be supplying details of his visits to the US, was he legal?

[Pallares 0]

Yes he was illegal

[Ian H. 207]

If he's not on the BC, it's not really necessary to include on the petition. My cousin didn't put her stepson on her husband's I-130 because he wasn't on the child's BC. He fixed his child's BC later on. They added him during the NVC process and had no issues at the interview and they were both approved. If the CO asks if he has any children, he can state so at the interview. If he doesn't know his child's name or DOB, is not a cause for rejection and considering that the child is a USC and not applying for a visa. I am curious, however how the child has his last name if he's not listed as the father?

If the section only asks to fill out if "currently" in the US, then it's not necessary to put any info. If it asks if he was ever in the US, then you would check the appropriate box.

Also, if you are already married and you are opting to use his name, then yes you can fill out everything in your married name. It's not necessary to change your docs before you can begin using his name so long as you're already married. My other cousin petitioned her husband in her married name and didn't change her docs until much after, I think the case was already at the NVC. You aren't required to change your docs right away because your MC proves your new name.

[Pallares 0]

I dont know if its different in other states but I live in iowa and when a baby is born u can give them any last name u want. But she couldnt list him as the father because he wasnt here to sign the papers when she was born. But she did give her his last name. And he knows her name but I dont know how to spell it or her bday. But if she doesnt have to be on the form then thats ok. Thank you so much for ur help.

[Ian H. 207]

If he knows the name then he could put her on the form, don't worry about the spelling and for the dob, I would just write the year of birth, he should know that. You shouldn't get an RFE for the incomplete DOB because the child isn't applying for a visa and they will see USA as country of birth.

[Pallares 0]

Ok thank you