My fiancée (us petitioner) kids doesnt have his name oh their birth certicate

[J1893 9]

Hi guys!

I'm concerned about something.. the thing is my fiancée  (petitioner) have 2 kids but his name is not listed on their kids birth certificate and on the formulary I129f he put that he don't  have kids.. since their not claimed on his taxes and his name is not on both kids birth certificate.. is that a problem? we already sent the package  and just received our noa1

[pajobra 1,395]

3 minutes ago, Jaymodolo said:

Hi guys!

I'm concerned about something.. the thing is my fiancée  (petitioner) have 2 kids but his name is not listed on their kids birth certificate and on the formulary I129f he put that he don't  have kids.. since their not claimed on his taxes and his name is not on both kids birth certificate.. is that a problem? we already sent the package  and just received our noa1

That's a good question and I am curious too. My fiance did put all 5 of his kids on the form but he signed them over for adoption by their stepdad 2 years ago so technically on paper they are not his anymore but to him they are. Although he is regretting signing them over now but he did so when he was the lowest of lows from the breakup of his marriage even though he knew it was for the best.

[Cyberfx1024 7,980]

13 minutes ago, Jaymodolo said:

Hi guys!

I'm concerned about something.. the thing is my fiancée  (petitioner) have 2 kids but his name is not listed on their kids birth certificate and on the formulary I129f he put that he don't  have kids.. since their not claimed on his taxes and his name is not on both kids birth certificate.. is that a problem? we already sent the package  and just received our noa1

The question that I have is he the biological father and what country is this? If he is not the biological father but he will be the step-father then that is fine. 

[J1893 9]

Just now, cyberfx1024 said:

The question that I have is he the biological father and what country is this? If he is not the biological father but he will be the step-father then that is fine. 

He is from US and he is the biological father but he is not listed on his kids birth certificates so technically  "he don't have kids"  he is the petitioner and I'm the beneficiary I'm just concerned about the  fact that he not listed the kids on the formulary  even tho his name is not on both BC and not even on his taxes.

[Cyberfx1024 7,980]

21 minutes ago, Jaymodolo said:

He is from US and he is the biological father but he is not listed on his kids birth certificates so technically  "he don't have kids"  he is the petitioner and I'm the beneficiary I'm just concerned about the  fact that he not listed the kids on the formulary  even tho his name is not on both BC and not even on his taxes.

That is pretty strange to say the least because he could have filed for CRBA for them to obtain citizenship through him, thus would negate the fact about getting them visas. 

[J1893 9]

16 minutes ago, cyberfx1024 said:

That is pretty strange to say the least because he could have filed for CRBA for them to obtain citizenship through him, thus would negate the fact about getting them visas. 

They are all born and raised in the United States   and my fiancée is American too... they don't need citizenship, the thing I'm worried about is that he put on the formulary for the k1 visa that he don't have kids and the reason why he did that is because his name is not on his kids birth certificate that's all.. I'm from Brazil and I don't have kids and I'm the one that's is going to the USA but thanks for you reply.

Edited May 11, 2017 by Jaymodolo

[Ash.1101 1,756]

Does he pay child support? Does he have any visitation or custody agreements?


Honestly, if he knows of the kids existence he should put them on the forms and then just put that he's not financially responsible. Technically by him not putting any children on the forums, while he knows children exist, is lying. 

 Legally, no he has no rights to the children, but at the same time he acknowledges that he has created children. It's kind of a loophole in a way to get around having the kids count against him.


I guess a good way to answer this, is if you are asked at the interview "Does your fiance have any children?", what would your answer be?
 

Edited May 11, 2017 by Ash.1101

[Cyberfx1024 7,980]

18 minutes ago, Jaymodolo said:

They are all born and raised in the United States   and my fiancée is American too... they don't need citizenship, the thing I'm worried about is that he put on the formulary for the k1 visa that he don't have kids and the reason why he did that is because his name is not on his kids birth certificate that's all.. I'm from Brazil and I don't have kids and I'm the one that's is going to the USA but thanks for you reply.

Ahhh ok. I am sorry I misinterpreted that y'all had children together. I do apologize. 

[Unlockable 7,315]

Just because his name is not on the BC and he does not claim them does not mean he has no children. The children's mother can walk into a court house and ask for a DNA test to establish paternity any day. He should have put he has children but I don't think it will be a huge impact to your petition.