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Filed: K-1 Visa Country: Wales
Timeline
Posted

So this is all conjecture, after all that.

“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.”

Posted
5 minutes ago, Gabriel2001 said:

 

Till the DNA Test by the US Embassy confirms it then it is not 100% my child yet.  But I want to do the step by step procedure of doing this legally.

So get the test done first and confirm. Until then, you have no legal relation to the child and any immigration talk is premature.

Timelines:

ROC:

Spoiler

7/27/20: Sent forms to Dallas lockbox, 7/30/20: Received by USCIS, 8/10 NOA1 electronic notification received, 8/1/ NOA1 hard copy received

AOS:

Spoiler

AOS (I-485 + I-131 + I-765):

9/25/17: sent forms to Chicago, 9/27/17: received by USCIS, 10/4/17: NOA1 electronic notification received, 10/10/17: NOA1 hard copy received. Social Security card being issued in married name (3rd attempt!)

10/14/17: Biometrics appointment notice received, 10/25/17: Biometrics

1/2/18: EAD + AP approved (no website update), 1/5/18: EAD + AP mailed, 1/8/18: EAD + AP approval notice hardcopies received, 1/10/18: EAD + AP received

9/5/18: Interview scheduled notice, 10/17/18: Interview

10/24/18: Green card produced notice, 10/25/18: Formal approval, 10/31/18: Green card received

K-1:

Spoiler

I-129F

12/1/16: sent, 12/14/16: NOA1 hard copy received, 3/10/17: RFE (IMB verification), 3/22/17: RFE response received

3/24/17: Approved! , 3/30/17: NOA2 hard copy received

 

NVC

4/6/2017: Received, 4/12/2017: Sent to Riyadh embassy, 4/16/2017: Case received at Riyadh embassy, 4/21/2017: Request case transfer to Manila, approved 4/24/2017

 

K-1

5/1/2017: Case received by Manila (1 week embassy transfer??? Lucky~)

7/13/2017: Interview: APPROVED!!!

7/19/2017: Visa in hand

8/15/2017: POE

 

Filed: IR-1/CR-1 Visa Country: Ghana
Timeline
Posted (edited)

You maybe the biological father  but legally, the stepfather has the legal rights to the child.

You are a sperm donor, that's all. That man who raised your child has all the legal rights.

Hopefully, he will agree to let you take the child he has raised for all these years. So you won't get to the point of getting a DNA test.

 

Try going through that man first.

Edited by IcezMan_IcezLady

(L)(L)(L)(L)(L)(L)(L)

CR- 1

Interview :  11/15/2016

Result: AP  (form 221 (g))

Correspondence with Embassy: Tons of emails, Facebook posts, tweets, Congressman inquiry

Complaint letter with OIG : 12/29/2016

Case dispatched to diplomatic pouch : 01/11/2017

Case dispatched from diplomatic mail service to NVC : 01/23/2017

Case arrived at NVC: 01/26/2017

NVC sent case to USCIS : 02/09/2017 (system update)

Case receive by USCIS (text & email notification): 03/07/2017

 

Reaffirm Petition Timeline for folks in GHANA.. Please update your information..Thank you!

https://docs.google.com/spreadsheets/d/1k0NXnbJdyEIRR1_Dr4t3yXmsM0tBbq-tZsj0-o3cMV0/edit?usp=sharing

Filed: K-1 Visa Country: Wales
Timeline
Posted

Could they claim backdated child support?

“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
1 hour ago, IcezMan_IcezLady said:

You maybe the biological father  but legally, the stepfather has the legal rights to the child.

You are a sperm donor, that's all. That man who raised your child has all the legal rights.

Hopefully, he will agree to let you take the child he has raised for all these years. So you won't get to the point of getting a DNA test.

 

Try going through that man first.

 

 You maybe the biological father  but legally, the stepfather has the legal rights to the child.  :
True

You are a sperm donor, that's all.  :
That hurts man.    The BC Dad been unemployed for more than 10 years now the BC mother is the one doing all the work.
Their income is around $200 - $300 a month.   With this revelation it could change the future of the children and the parents.  I'm willing to help as much as I can.

 

That man who raised your child has all the legal rights.  :
So True.

 

Hopefully, he will agree to let you take the child he has raised for all these years. So you won't get to the point of getting a DNA test.  :
I will still have to get a DNA test might do 2X.  1st is for my claim or basis   Second is when I get a go signal from the US Embassy to go to a specific center to do the DNA Test

 

 

Try going through that man first.
He is the man.   Though theyv'e been separated for more than 10 years The mother said she will convince him about it and she's positive he'll agree since it'll benefit their entire family in the years to come.

 

Thank you for the reply.

 

Filed: IR-1/CR-1 Visa Country: Ghana
Timeline
Posted
12 minutes ago, Gabriel2001 said:

 

 You maybe the biological father  but legally, the stepfather has the legal rights to the child.  :
True

You are a sperm donor, that's all.  :
That hurts man.    The BC Dad been unemployed for more than 10 years now the BC mother is the one doing all the work.
Their income is around $200 - $300 a month.   With this revelation it could change the future of the children and the parents.  I'm willing to help as much as I can.

 

That man who raised your child has all the legal rights.  :
So True.

 

Hopefully, he will agree to let you take the child he has raised for all these years. So you won't get to the point of getting a DNA test.  :
I will still have to get a DNA test might do 2X.  1st is for my claim or basis   Second is when I get a go signal from the US Embassy to go to a specific center to do the DNA Test

 

 

Try going through that man first.
He is the man.   Though theyv'e been separated for more than 10 years The mother said she will convince him about it and she's positive he'll agree since it'll benefit their entire family in the years to come.

 

Thank you for the reply.

 

 you get her to break the news to him.

Have a conversation with this man.. 

Then, proceed to work to correct the birth certificate.

Then you can start the immigration process from there..You can't submit your own DNA test to the embassy unless they request for one.

 

I understand you are trying to do your best for your child now. But sounds like you knew all this while that was your child. I hope you have been helping this woman financially.

 

You are saying that "it will benefit the whole family"...not really. The other man, who raised your child since childhood until their separation may be out of luck in this deal.

 

And I hope you will also personally have a man-to-man conversation with that man. Because you and this woman intentionally conspired to have another man bare your responsibility. here you are, demanding a DNA test to make it all go away. I would sympathize with you if you didn't know you had a child and the woman did it by herself.

 

 

 

 

(L)(L)(L)(L)(L)(L)(L)

CR- 1

Interview :  11/15/2016

Result: AP  (form 221 (g))

Correspondence with Embassy: Tons of emails, Facebook posts, tweets, Congressman inquiry

Complaint letter with OIG : 12/29/2016

Case dispatched to diplomatic pouch : 01/11/2017

Case dispatched from diplomatic mail service to NVC : 01/23/2017

Case arrived at NVC: 01/26/2017

NVC sent case to USCIS : 02/09/2017 (system update)

Case receive by USCIS (text & email notification): 03/07/2017

 

Reaffirm Petition Timeline for folks in GHANA.. Please update your information..Thank you!

https://docs.google.com/spreadsheets/d/1k0NXnbJdyEIRR1_Dr4t3yXmsM0tBbq-tZsj0-o3cMV0/edit?usp=sharing

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

 

Till the DNA Test by the US Embassy confirms it then it is not 100% my child yet.  But I want to do the step by step procedure of doing this legally.

You can't get into the US Embassy until you get the BC fixed first.  The US Embassy is not going to order a DNA test because you want one.  There must be a legal basis for the DNA test . . .  a fixed birth certificate which warrants a DNA test.

Filed: Citizen (apr) Country: Canada
Timeline
Posted (edited)

Get your own DNA test done. If it is your son fix the birth certificate.

 

You would not be the first guy that thought a kid was his to find out it was all a lie.

Think about it, you become a USC the mother finally tells her husband the kid is not his, but only a month ago. Now they are all planning their way to the US. This screams like you're being played. I really hope it's not the case but it doesn't look good.

 

Get the DNA now.

Edited by Ontarkie
Spoiler

Met Playing Everquest in 2005
Engaged 9-15-2006
K-1 & 4 K-2'S
Filed 05-09-07
Interview 03-12-08
Visa received 04-21-08
Entry 05-06-08
Married 06-21-08
AOS X5
Filed 07-08-08
Cards Received01-22-09
Roc X5
Filed 10-17-10
Cards Received02-22-11
Citizenship
Filed 10-17-11
Interview 01-12-12
Oath 06-29-12

Citizenship for older 2 boys

Filed 03/08/2014

NOA/fee waiver 03/19/2014

Biometrics 04/15/14

Interview 05/29/14

In line for Oath 06/20/14

Oath 09/19/2014 We are all done! All USC no more USCIS

 

Filed: Country: Jamaica
Timeline
Posted

Unfortunately u will not have a case.  She was married and he claims child as his, and so did she.  You have no proof of being the father regardless of their financial circumstances, USCIS is not going to view u as the father and approve the petition.  As someone else said, u were the sperm donor from an extra marital affair, who has not provided care for the child and someone else has, therefore, they can continue to live in their current living environment.  

 

If you choose to go through the DNA test, and changing the BC, then you need to start sending money to take care of ur child every month, and visit your child every year.  After a period of time, then u can file.

Phase I - IV - Completed the Immigration Journey 

 

 

Filed: IR-1/CR-1 Visa Country: Thailand
Timeline
Posted

The DNA test has to be done through an approved provider. That is, there is a short list of people that can do it. I know there is one in Monrovia, California.

 

I completely disagree on the matter of the birth certificate. Of course, if the mother was married to the other man at the time the child was born, the father is going to be on it. The way to fix it is not to re-issue the birth certificate, but first verify paternity. 

The problem is not the birth certificate. The problem is that you were not a citizen at the time the child was born. So, the child was not born a citizen, no matter what.

Since the child was not living in the USA as a resident,  in your custody with you when you got citizenship, he has no derivative citizenship.

The only way is to sponsor as an immediate relative. 

Since the mother was married to someone else, I don't think you can legitimize the child (that can only happen if she were not married, and this is required before he is 18) or establish a father/son relationship before he is 21 AND unmarried. That would be established  by concrete expressions of concern, or financial support. 

https://www.uscis.gov/family/family-us-citizens/children/bringing-children-sons-and-daughters-live-united-states-permanent-residents

"from the horse's mouth"

you need a good lawyer, sir.

 

Filed: K-1 Visa Country: Japan
Timeline
Posted
10 minutes ago, aaa2zzz said:

The DNA test has to be done through an approved provider. That is, there is a short list of people that can do it. I know there is one in Monrovia, California.

 

I completely disagree on the matter of the birth certificate. Of course, if the mother was married to the other man at the time the child was born, the father is going to be on it. The way to fix it is not to re-issue the birth certificate, but first verify paternity. 

The problem is not the birth certificate. The problem is that you were not a citizen at the time the child was born. So, the child was not born a citizen, no matter what.

Since the child was not living in the USA as a resident,  in your custody with you when you got citizenship, he has no derivative citizenship.

The only way is to sponsor as an immediate relative. 

Since the mother was married to someone else, I don't think you can legitimize the child (that can only happen if she were not married, and this is required before he is 18) or establish a father/son relationship before he is 21 AND unmarried. That would be established  by concrete expressions of concern, or financial support. 

https://www.uscis.gov/family/family-us-citizens/children/bringing-children-sons-and-daughters-live-united-states-permanent-residents

"from the horse's mouth"

you need a good lawyer, sir.

 

 

I have been sending money and met the kid twice.  I could just continue what I am doing and not get my son to go here and wait till I retire and maybe be with him in the Phils.  Great Advice.  Thank you very much.  

Filed: Citizen (apr) Country: Canada
Timeline
Posted (edited)

 

 

So you're sending money to help with a child that you're not even sure is yours. Please please please get your own DNA test done before you plan anything else.

 

 I'm sorry but you cannot go by how the child looks. Not one of my 6 kids looks like me, and I gave birth to them. Do not get scammed out of more money, time and energy.

If he is not yours then think of the damage that this will cause him, being torn away from a father twice. If he is yours after a DNA test then you can step in and be that father.  

 

Once establish you then can explain that you just found out he is yours and start the process. 

Edited by Ontarkie
Spoiler

Met Playing Everquest in 2005
Engaged 9-15-2006
K-1 & 4 K-2'S
Filed 05-09-07
Interview 03-12-08
Visa received 04-21-08
Entry 05-06-08
Married 06-21-08
AOS X5
Filed 07-08-08
Cards Received01-22-09
Roc X5
Filed 10-17-10
Cards Received02-22-11
Citizenship
Filed 10-17-11
Interview 01-12-12
Oath 06-29-12

Citizenship for older 2 boys

Filed 03/08/2014

NOA/fee waiver 03/19/2014

Biometrics 04/15/14

Interview 05/29/14

In line for Oath 06/20/14

Oath 09/19/2014 We are all done! All USC no more USCIS

 

 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

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