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Filed: K-1 Visa Country: Japan
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Posted

I'm a US Citizen and i have a child that I'd like to petition to come here in the US.  I'm not the father in my child's birth certificate.  But i'm the biological father.  My kid is 16 years old now living in the Philippines.   How do I start this process.   The mother and Birth Cert Father of my child is willing to cooperate for me to get my child.

Posted

So there is another person that is not you named on the birth certificate? How did you discover the child is yours? Has the birth cert father helped raise the child? Is the mother married to or is still with the birth cert father? What is YOUR current relationship with the mother (fiance maybe)?

 

The may very well be problematic. Would strongly suggest consulting a lawyer and someone who is well versed in child and family issues such as this in the Philippines. For immigration purposes obviously this would not be an easy straight-forward process. Establishing you as the father on the birth cert in the Phil would likely be the first step if it is even possible at this point.

 

“When starting an immigration journey, the best advice is to understand that sacrifices have to be made... whether it is time, money, or separation; or a combination of all.” - Unlockable

Filed: K-1 Visa Country: Japan
Timeline
Posted
1 hour ago, NuestraUnion said:

So there is another person that is not you named on the birth certificate? How did you discover the child is yours? Has the birth cert father helped raise the child? Is the mother married to or is still with the birth cert father? What is YOUR current relationship with the mother (fiance maybe)?

 

The may very well be problematic. Would strongly suggest consulting a lawyer and someone who is well versed in child and family issues such as this in the Philippines. For immigration purposes obviously this would not be an easy straight-forward process. Establishing you as the father on the birth cert in the Phil would likely be the first step if it is even possible at this point.

 

 

we just kept it a secret for 16 years.  The BC parents would agree since this would benefit them and their children when my child turns 21. 

 Can the dna test papers be just supporting papers to the child birth cert when filing the petition? The BC Parents are still married but separated.  I'm only after my son's petition.

Filed: Citizen (apr) Country: Nigeria
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Posted

 Is the mother the bio mom or was the child placed with a family ?   Did you list your child on your immigration papers ?   Did you have any relationship with the child before now ?    Also it is doubtful the child immigrating will have any help to the other side of the family.  Sibling petitions are almost sure to be cut in the coming years and parents/ adult children may also be impacted.  

This will not be over quickly. You will not enjoy this.

Filed: K-1 Visa Country: Japan
Timeline
Posted
12 minutes ago, NigeriaorBust said:

 Is the mother the bio mom or was the child placed with a family ?   Did you list your child on your immigration papers ?   Did you have any relationship with the child before now ?    Also it is doubtful the child immigrating will have any help to the other side of the family.  Sibling petitions are almost sure to be cut in the coming years and parents/ adult children may also be impacted.  

 

Yes the mother is the bio mom. The child lives with my son's mother.  I did not list my child in my immig papers.   When ever i visit the phils I make sure I get to spend time with my son.  Visited 3X.  My son have younger bros and sisters from the BC father and the mother would be interested of going here in the US too once my son turns 21.

Filed: Citizen (apr) Country: Ireland
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Posted

Was he ever properly adopted?

How did yoiu get US citizenship?  If via a visa and then naturalisation, did you list the child?

Bye: Penguin

Me: Irish/ Swiss citizen, and now naturalised US citizen. Husband: USC; twin babies born Feb 08 in Ireland and a daughter in Feb 2010 in Arkansas who are all joint Irish/ USC. Did DCF (IR1) in 6 weeks via the Dublin, Ireland embassy and now living in Arkansas.

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Filed: Country: Vietnam (no flag)
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Posted (edited)

Here is how you should start the process.

 

First, never ever use that fraudulent birth certificate for any reason, especially with the US Government.

 

Second, fix the fraudulent birth certificate.  The proper BC will list you as the father.  DO THIS FAST before he turns 18 years old.

 

Third depends on if you were a USC when he was born.  If you were a USC when he was born, then use the BC to file the CRBA and file for a US Passport.  If you obtained USC after he was born, then you must file an I-130 petition for him to receive an immigration visa.

 

You may be asked to have a DNA test at that time through an approved provider.

 

Fourth, when he turns 21 and is a USC, he can file for his birth mother and half-siblings.  

 

Fifth, he can file for his stepfather since the stepfather married his mother before he turned 18.  

 

 

 

Edited by aaron2020
Filed: Country: Vietnam (no flag)
Timeline
Posted (edited)
10 hours ago, Gabriel2001 said:

 

 

we just kept it a secret for 16 years.  The BC parents would agree since this would benefit them and their children when my child turns 21. 

 Can the dna test papers be just supporting papers to the child birth cert when filing the petition? The BC Parents are still married but separated.  I'm only after my son's petition.

How the heck was this ever a plan?  How was this ever going to work?

 

You were going to use the DNA to prove you are the real father, and then use the BC to prove the other guy is the father?  #######.

 

Hey US Government, I the USC am the real father.  We're going to use this fraudulent BC for his stepfather listing him as the birth father.  Is that okay?  NO!!!!!

Edited by aaron2020
Filed: K-1 Visa Country: Japan
Timeline
Posted
7 hours ago, aaron2020 said:

How the heck was this ever a plan?  How was this ever going to work?

 

You were going to use the DNA to prove you are the real father, and then use the BC to prove the other guy is the father?  #######.

 

Hey US Government, I the USC am the real father.  We're going to use this fraudulent BC for his stepfather listing him as the birth father.  Is that okay?  NO!!!!!

 

The Younger siblings of my son who are 14yo and 12yo can petition thier father once they turn 21.   There is no fraudulent here.  We want everything done right legally.

Filed: K-1 Visa Country: Wales
Timeline
Posted

The younger siblings are US Citizens?

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

Filed: K-1 Visa Country: Japan
Timeline
Posted
14 minutes ago, Boiler said:

The younger siblings are US Citizens?

 

The siblings are not USC.. When my son turns 21yo.  He has a chance to petition his mother or maybe his younger brother and sisters too.    It is terrible that this happened but I'd like to help my kid.    

My other question is:
Do we really have to go to court and amend his Birth Cert?  or can the DNA Test will be enough as a  supporting documents for the Birth Cert.

Filed: Country: Vietnam (no flag)
Timeline
Posted (edited)
2 hours ago, Gabriel2001 said:

 

The Younger siblings of my son who are 14yo and 12yo can petition thier father once they turn 21.   There is no fraudulent here.  We want everything done right legally.

So lying on the birth certificate is not fraud?  If you wanted everything done right legally, then why did you obtained a fraudulent birth certificate?  (It's fraud because you listed someone who you know is not the father as the father.) 

 

Furthermore, a USC stepson can petition for his stepdad if the stepdad married his mother before his 18th birthday.  Your son turning 21 and being a USC can petition for his stepfather.

 

38 minutes ago, Gabriel2001 said:

 

The siblings are not USC.. When my son turns 21yo.  He has a chance to petition his mother or maybe his younger brother and sisters too.    It is terrible that this happened but I'd like to help my kid.    

My other question is:
Do we really have to go to court and amend his Birth Cert?  or can the DNA Test will be enough as a  supporting documents for the Birth Cert.

YES, you really have to amend the birth certificate.  The I-130 would NEVER get approved with a birth certificate where you are not listed as the father.

 

You can not have it both ways since no one has two birth fathers.

 

You are an American now.  You should know how the US operates.  While legal documents with lies are okay in the Philippines, you know that the US Government does not take fake documents well for immigration.

 

Use the fake BC at the risk of your son being denied an immigration visa.  Consider yourself warned.

Edited by aaron2020
Filed: AOS (apr) Country: Philippines
Timeline
Posted (edited)
19 hours ago, Gabriel2001 said:

 

Yes the mother is the bio mom. The child lives with my son's mother.  I did not list my child in my immig papers.   When ever i visit the phils I make sure I get to spend time with my son.  Visited 3X.  My son have younger bros and sisters from the BC father and the mother would be interested of going here in the US too once my son turns 21.

 

The part in bold is also  concerning.... what do you mean by that? Did you immigrate here and then become a USC? You never listed a child on your original immigrations papers? If that is the case, you will never get the child here and you yourself could be subject to being stripped of any status gained because you withheld information, and would have effectively caused misrepresentation. If all this is true, you definately need a good lawyer to help you sort this mess you made or just forget it and move on.

Edited by Ben&Zian

08/15/2014 : Met Online

06/30/2016 : I-129F Packet Sent

11/08/2016 : Interview - APPROVED!

11/23/2016 : POE - Dallas, Texas

From sending of I-129F petiton to POE - 146 days.

 

02/03/2017 - Married 

02/24/2017 - AOS packet sent

06/01/2017 - EAD/AP Combo Card Received in mail

12/06/2017 - I-485 Approved

12/14/2017 - Green Card Received in mail - No Interview

 

   

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Filed: K-1 Visa Country: Japan
Timeline
Posted
40 minutes ago, aaron2020 said:

So lying on the birth certificate is not fraud?  If you wanted everything done right legally, then why did you obtained a fraudulent birth certificate?  (It's fraud because you listed someone who you know is not the father as the father.) 

 

Furthermore, a USC stepson can petition for his stepdad if the stepdad married his mother before his 18th birthday.  Your son turning 21 and being a USC can petition for his stepfather.

 

YES, you really have to amend the birth certificate.  The I-130 would NEVER get approved with a birth certificate where you are not listed as the father.

 

You can not have it both ways since no one has two birth fathers.

 

You are an American now.  You should know how the US operates.  While legal documents with lies are okay in the Philippines, you know that the US Government does not take fake documents well for immigration.

1 hour ago, aaron2020 said:

So lying on the birth certificate is not fraud?  If you wanted everything done right legally, then why did you obtained a fraudulent birth certificate?  (It's fraud because you listed someone who you know is not the father as the father.) 

 

Furthermore, a USC stepson can petition for his stepdad if the stepdad married his mother before his 18th birthday.  Your son turning 21 and being a USC can petition for his stepfather.

 

YES, you really have to amend the birth certificate.  The I-130 would NEVER get approved with a birth certificate where you are not listed as the father.

 

You can not have it both ways since no one has two birth fathers.

 

You are an American now.  You should know how the US operates.  While legal documents with lies are okay in the Philippines, you know that the US Government does not take fake documents well for immigration.

 

Use the fake BC at the risk of your son being denied an immigration visa.  Consider yourself warned.

 

The mother of my child was married back then with the BC Father  when we did this.  It was so wrong we're so young back then but that's not an excuse.  I'd like to correct this if it is still possible.    The Birth Certificate of my child is authentic made by the Gov't office in the Philippines right after he was born.( Nobody said it is fake)  The BC Father really thought that is his child till it was revealed to him last month.   I assume that it was my child coz of our resemblance but DNA will confirm it all.  It is not 100% yet that it is my child but I have a very strong feeling that he is.  So I'm willing to go to the Phils and take the DNA test in the Phils for the sake of the child's future.  We'll go thru the proper process legally never ever I'm going to use fake papers or would never even think about it. 

 

 

 

 
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