Petitioning a step-child claiming it's their child

[dwheels76 5,468]

Okay quite a conundrum here. Posting for a friend and I am trying to explain to them but they aren't understanding what I am saying, so I am coming to the VJ community for feedback and input. This I feel is a Misrepresentation and fraud case to be determined. I really need @HFM18181818

The situation is this:

USC Husband filed for immigrant and her daughter. The daughter's biological father left before birth (9 years ago). No one knows where he is and the mom doesn't know the family. The daughters only father she knows is the USC.

The USC married the immigrant (after a denied K1) and gave the child his last name before their traditional marriage.

They already have a denied K1 on the books due to the Traditional marriage. He filed the I-130 for both of them. And he filed for the daughter as child of USA citizen. Never stating this is my "step-child".

The daughter didn't have any birth certificate before they met. So the USC got her one with his last name.

On the G-325A where you put parent information USC put his information as the father and stated on the I-130 under list relative and children that relationship is father.

Questions are:

1. Will this be a problem?

2. Isn't this a Misrep or fraud since documents are falsified?

3. They meet in 2009 child born in 2007. I am sure the embassy might question whats up?

4. If DNA test is asked for?? Lord. What do they do when the petitioning parent is found to not be the parent do they deny the child or what?

5. This is a married couple that love each other and changed and submitted fraudulent documents. Or am I wrong?

I am asking all these questions more for their sake so I can convey the knowledge brought forth here.

Thank you in advance. This should be lively.

[aleful 1,905]

hi

why do people complicate things? It would have been so easy to file for her as his stepchild, the petition will be denied and he will have to file for her all over again as a stepchild, of course they will have to fix what they have done with the birth certificate

and probably immigration will ask for a DNA test, it is best to withdraw everything now, fix the birth certificate and file as stepchild

[dwheels76 5,468]

hi

why do people complicate things? It would have been so easy to file for her as his stepchild, the petition will be denied and he will have to file for her all over again as a stepchild, of course they will have to fix what they have done with the birth certificate

and probably immigration will ask for a DNA test, it is best to withdraw everything now, fix the birth certificate and file as stepchild

Thank you Aleful. I knew you would come in with knowledge and insight. Much appreciated.

[Georgia16 2,858]

I'm happy for the child that he is stepping up as a father for her however since he has not adopted her she is not his child even though he gave her his last name. Yes, this will complicate thing and of course they will question that they met 2 years later then the child was born and there and nu adoption letter.

I also think he should correct this as quick as possible to a step-child.

Then when time comes and she's there and they have been married for the time as required he can adopt her.

[aleful 1,905]

hi

unfortunately some people don't want to listen, you stated that you tried to help your friend, it will be his problem if he doesn't listen to you,

but there will be a time that you will have to back off and whatever happens, happens

[belinda63 3,031]

High fraud country,already one denied petition, delayed birth certificate, no proof of his even knowing her until after the birth, yep he just made a simple situation into a difficult one. Question, won't he have to file a CRBA for "his" child?

[Unlockable 7,314]

Ask your friends what is their plan when the DNA reveals that he is not the biological father?

[Penguin_ie 5,993]

Ohh boy. If they stil can, withdraw and start from the beginning. Him petitioning the child as a step child is easy, no idea why he was lying.

[Penguin_ie 5,993]

Question, won't he have to file a CRBA for "his" child?

Very good point, and one that may convince these people- IF they are believed by USCIS and the COs that it is his child, the visa will be denied because he should have filed CRBA.

[Boiler 45,390]

I am sure the Consulate in Lagos is more than capable of handling this.

[NigeriaorBust 4,087]

Both mother and child will probably be denied. the child when the DNA shows lack of relationship and the mother for being party to attempted fraud in presenting the child falsely. It will carry a lifetime ban as a material misrep. Is he Nigerian ? If not there is no in country adoption ( Nigerian laws prevent adoption by non Nigerians ) You would still trip up on the timing of the adoption ( after the filing ) if he is Nigerian. How did this idiot list the child on the K1 application ? Why do people in Nigeria think they an juju the eyes of immigration and do this kind of stuff ? His only hope of fixing this is getting a correction in before the interview but I think he has already cooked his goose on this petition. A withdrawal and either fixing the papers back to what they should be or a Nigerian adoption assuming he is Nigerian is in order

[EM_Vandaveer 2,408]

Oh, that's just SO stupid. Being his step-child, he could have easily petitioned for her as such, why not do that??? They must have though that petitioning for a step-child was not allowed so they decided to "pretend" it was a biological child. Why, oh why?

Edited March 6, 2016 by EM_Vandaveer

[Ebunoluwa 6,136]

What a royal mess. He needs to withdraw as in yesterday and start over with the correct documents or risk a lifetime ban for both for misrepresentation.

Some people are just too arrogant believing they can do it their way and succeed. Unless he adopted her properly she is his step child no matter what ceremony

was held to 'give her his name' and he lied on the birth certificate anyway. Even if he would correct this at the embassy level they would still return it to
USCIS because USCIS has not seen the truth. BIG FAIL. HUGE MESS.

[Amadia 711]

Hi Debbie,

Here are just a few links within the past 5yrs that shows the penalty or producing fake docs for a visa:

http://www.allinterview.com/showanswers/36291/got-visa-rejected-fake-documents-sense-money-removed-from-account-consultancy-pe.html

http://timesofindia.indiatimes.com/city/chennai/Man-held-for-producing-fake-documents-during-US-visa-interview-in-Chennai/articleshow/48453793.cms

http://timesofindia.indiatimes.com/city/mumbai/Two-arrested-for-submitting-fake-docus-to-get-US-visa/articleshow/12538763.cms

http://indiatoday.intoday.in/story/visa-fraud-lands-delhi-couple-in-jail/1/403904.html

Hope your friend knows what he's in for....

[THEMSRILEY 4]

Where does it say the immigrant and child is Nigerian? Did I miss it?