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ashmed246

Adding a biological son on N-400(under 319b) but not on wife's I-130

By ashmed246 in Military Immigration-Related Discussion

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ashmed246 Enthusiast

ashmed246   78

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Filed: Citizen (apr) Country: Nigeria
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Hi,
I am a US permanent resident and a future soldier scheduled to ship to basic training soon. My recruiter gave me the N-400 and N-426 to be filled out and submitted at the reception before starting my training so I can be naturalized at basic but I have some questions and concern.

I am married and I have two step daughters from my wife's previous marriage. I have just recently found out that I have son from my ex-girlfriend in my foreign country, we were together for a while back in my country before she left me for another guy so I never knew about him until recently a DNA test showed that I am the true father and my wife now knows about him. The child was born May 2014 and I married my wife May 2015.

My concern is, while submitting my paperwork for Adjustment of Status by July 2015, we never mentioned about him because we never knew he existed. We called USCIS about this to see if the I-130 could still be updated if we submitted paperworks to proof that we did not conceal this on purpose but we never knew about him until now but they said that can no longer be done.

Now my question is can I include him on the N-400 even though we did not include him on my I-485 my wife's I-130. Later if we are able to bring him to the states, can I still add him as my dependent and enroll him in DEERS even though he was already born even before I enlisted.
Thank you

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Illiria Proficient

Illiria   980

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Filed: Citizen (apr) Country: United Kingdom
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Maybe also include a cover letter stating that you have only recently been informed and have had it confirmed via DNA that you have a child and then include name and dob.

K-1 Met:2002 Dating :2003 I-129F Sent : 2013-06-01 I-129F NOA2 : 2013-08-20 Medical: 2013-12-20 Interview Date : 2014-01-22 POE: 2014-02-19 Wedding: 2014-03-18

AOS/EAD Date Filed : 2014-04-04 BioAppt: 2014-05-13 EAD in Production: 2014-07-08 Interview date: 2014-07-14 Green Card received: 2014-07-19

ROC Date Filed: 2016-04-26 Cheque Cashed: 2016-05-10 NOA1: 2016-04-28 Biometrics: 2016-06-30 Approved: 11-08-2016 Green Card Received: 11-18-2016

 

Citizenship Date Filed: 2017-04-18 Cheque Cashed: 2017-04-24- NOA1:2017-04-21  Biometrics: 2017-05-19 Inline: 2017-07-12 Interview Date: 2018-02-13 Oath: 2018-03-15

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ashmed246 Enthusiast

ashmed246   78

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Filed: Citizen (apr) Country: Nigeria
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Maybe also include a cover letter stating that you have only recently been informed and have had it confirmed via DNA that you have a child and then include name and dob.

Thank you. I will get those and present them during the Naturalization interview if there will be any because I was only told I need to submit just the N400 and N426 since I'm naturalizing based on military service.

Thanks again

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Ebunoluwa Veteran

Ebunoluwa   6,136

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Filed: AOS (apr) Country: Cyprus
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You can use the DNA test as evidence, it is dated but I would consult a good immigration attorney to see what he suggests.

Spoiler

 

I-129F Sent : 3-31-2014, NOA2: 4-6-2014

NVC Received : some dinkelsberry yehoo in the house of clingons send our petition to the wrong consulate.

Consulate Received : July 30,2014 Transfer to right embassy complete.

Interview Date : Oct 22, 2014

Interview Result : AP , requesting another PC (not expired) and certified divorce decree (was submitted)Stokes interview via phone for petitioner 4 hrs after interview.

Oct 23 email notification visa approved.
Visa Received : Nov. 3 , 2014 VISA IN HAND.

US Entry : Nov. 21, 2014

Marriage : Dec 27, 2014

AOS send : May 12, 2015, received May 14, 2015 USPS priority

Email &text : May 18, 2015, check cashed May 19,2015, return receipt May 21, 2015 stamped USCIS Lockbox, NOA1 (3x) May 22,2015

Biometrics : June 1, 2015 letter received for appointment June 8, 2015, successful walk-in June 1, 2015

RFE : June 12, 2015 for income not meeting guideline. Income does ( ! ) exceed guideline.

RFE response : June 26, 2015 returned with a boat load full of financial evidence.

UPDATE: July 5, 2015 updated on all 3 cases, RFE received June 30, 2015.

Service request : Aug 12, 2015, letter received that it will be processed within 90 days from receipt of RFE.

UPDATE: Aug 24, 2015, EAD card being produced/ordered. ( 102 days from AOS receipt day and 55 days from RFE response received.) Thank you Jesus !

Emails : Aug 24, 2015, EAD approved, EAD card ordered.

I-797 EAD/AP approval notice received : Aug 27, 2015

EAD/AP combo card mailed : Aug 27, 2015, EAD/AP combo card received: Aug 31, 2015

Renewal application send for EAD/AP : May 31,2016 (AOS pending over 1 year). Received June 2, 2016,Notice date June7, 2016, emails,texts, NOA1 hard copy

Service request for pending AOS April 21, 2016, case not assigned yet.
Service request for pending AOS June 14, 2016, tier 2 said performing background checks.
Expedite request for EAD/AP Aug 3, 2016, Aug10 notification >request was received, assigned, completed. RFE letter requesting evidence for expedite, docs faxed Aug18

*Service request for I-485 Aug 3, 2016, Aug11 notification> request was assigned. Service request Dec 2, 2016.
AOS Interview letter received Aug 12, 2016

AOS Interview September 21, 2016.

Second Biometrics appointment letters received for EAD and AOS on Aug 15, 2016 for Aug 17 ( 2 day notice).

Second Biometrics completed Aug 17, 2016

Third Biometrics appointment letter received Aug 19, 2016 for Sept. 1, 2016. WTH ?!

EAD/AP (renewal) approval Aug 22, 2016, NOA2 received Aug 25, 2016

Renewal EAD in production notification text and online, expedite successful 4 days after RFE request response was faxed, Aug25mailed,Aug29received.

Sept. 21 Interview, 2 hour interview, we were separated and asked about 50 questions each for an hour each. IO was firm but professional, some smiles.
Several service requests made, contacted Senator and Ombudsman. Background checks still pending.
July 21, 2017 HOME VISIT.  Went well. Topic thread in AOS forum.
Waiting to skip ROC and get 10 yr GC due to over 2 year while pending AOS
AOS APPROVED Oct. 4, 2017 * Green card in hand Oct 13, 2017 !!!!!

First K1 denied after 16 month of AP. Refiled. We are a couple since 2009. Not a sprint but a matter of endurance.

 

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ashmed246 Enthusiast

ashmed246   78

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Filed: Citizen (apr) Country: Nigeria
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So when did you meet your wife?

Met January 2015, got married May and submitted AOS application July, I became a resident in September, We knew about the child after my application was already approved so it was too late. The child was registered December 2015 with my name on it as the father.

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ashmed246 Enthusiast

ashmed246   78

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Filed: Citizen (apr) Country: Nigeria
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Thanks people, I had a consultation with an Immigration attorney today and he said since we did not know about the child while submitting the paperwork and the child was registered after I was already a resident, then it will not be seen as a "material misrepresentation" and I can include him on my N-400. All I need is go to my interview with a copy of the birth certificate.That having him on the N-400 will make it easier if I plan on bringing him to the US in the future.

Thank you

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