Jump to content
Aicah

how to petition spouse with illegitimate child

By Aicah in Bringing Family Members of Permanent Residents to America

 Share

15 posts in this topic

Recommended Posts

Aicah Newbie

Aicah   0

Posted
Country: Philippines
 Timeline
Posted

Im married and my husband is a permanent resident in the US. I have illegitimate daughter she is under my surname. Her birth certificate has no sign by her real father and my husband stands as her Biological Father since 1yr old, now she's 9yrs old. How will my husband file a petition for me and for my daughter? 

Aicah Newbie

Aicah   0

Posted
Country: Philippines
 Timeline
  • Author
Posted

Im married and my husband is a permanent resident in the US. I have illegitimate daughter she is under my surname. Her birth certificate has no sign by her real father and my husband stands as her Biological Father since 1yr old, now she's 9yrs old. How will my husband file a petition for me and for my daughter though she is not the real father?

Roel Experienced

Roel   7,193

Posted
Filed: Lift. Cond. (apr) Country: Poland
 Timeline
Posted

First thing first - fix the birth certificate - does it show your husband (not a father) as a biological father? USCIS might ask you for the DNA test to proof who's the father. Better not lie and tell them that your husband is the father.

K1

29.11.2013 - NoA1

06.02.2014 - NoA2

01.04.2014 - Interview. 

AoS

03.2015 - AoS started.

09.2015 - Green Card received.  

RoC

24.07.2017 - NoA1.

01.08.2018 - RoC approved. 

 

 

Aicah Newbie

Aicah   0

Posted
Country: Philippines
 Timeline
  • Author
Posted

My husband is not her real father. Of course i wont lie.. I dont know where is her real father now.. he didnt signed anything from birth certificate so he doesnt have any rights for my daughter. If my husband file a petition for me, should i bring my daughter even he is not the real father?

luv2teach77 Community Regular

luv2teach77   41

Posted
Filed: Citizen (apr) Country: England
 Timeline
Posted

Your spouse cannot claim to be the biological father of your daughter if that is not the case.  You don't state which visa you are planning on applying for but I would strongly suggest against mis-representing the relationship between your husband and your daughter as this could jeopardize your entire visa application,

 

You may also be required to provide evidence that your daughter's biological father has waived his parental rights in order for her be included in your visa application.

Our Full Timeline From K-1 Application through to Receiving my Green Card

Timeline Summary

11/30/2007 - I-751 Mailed to Nebraska

12/28/2007 - NOA Received (application has been forwarded to California)

01/09/2008 - Biometrics taken in St. Louis

03/27/2008 - I-751 Approved, 10 Yr Greencard in the mail !!

12/20/2016 - N-400 mailed to Phoenix lockbox

01/17/2017 - NOA Received

01/25/2017 - Attended biometrics in St. Louis

09/29/2017 - Received I-797C notice dated 09/27/17.  Interview Scheduled for November 6th @ 8am

11/06/2017 - N400 interview in St. Louis.  Approved !!:jest:

02/05/2018 - Notice of Oath Ceremony date received.  March 1st, 2018 @ 8.30am

 

"Though miles once lay between us, we were never far apart, for true love doesn't count the miles, it's measured by the heart"

Check out our website - "Our Journey Together"

View Our Online Photo Albums - "Mark and Debs' Webshots Albums"

Carolct79 Rookie

Carolct79   1

Posted
Filed: Citizen (pnd) Country: Mexico
 Timeline
Posted

Why your husband not adopt your daughter? I think is your best option and then he can fill an application for you and your daughter also. Check in uscis.gov there is some topics that can help you to find out the answer.

Coco8 Experienced

Coco8   1,042

Posted
Timeline
Posted
11 minutes ago, luv2teach77 said:

Your spouse cannot claim to be the biological father of your daughter if that is not the case.  You don't state which visa you are planning on applying for but I would strongly suggest against mis-representing the relationship between your husband and your daughter as this could jeopardize your entire visa application,

 

You may also be required to provide evidence that your daughter's biological father has waived his parental rights in order for her be included in your visa application.

 

I agree. Besides, you husband does not have to claim her as his child in order for her to be able to come to the US with you.

 

You need to say which visa are you wanting to apply for.

 

 

Coco8 Experienced

Coco8   1,042

Posted
Timeline
Posted
12 minutes ago, Carolct79 said:

Why your husband not adopt your daughter? I think is your best option and then he can fill an application for you and your daughter also. Check in uscis.gov there is some topics that can help you to find out the answer.

I don't think adoption is needed. If he files for her they can be added together to the petition together. Adoption can make the whole processes longer.

 

By the way OP, you've created like 3 threads with the same topic. You have to do only 1. 

 

 

geowrian Grand Master

geowrian   22,338

Posted
Filed: Lift. Cond. (pnd) Country: Philippines
 Timeline
Posted

He can petition for you fine. You can bring your child with you as a derivative beneficiary. ETA: About 2 years. Under PI law, the mother has full rights for an illegitimate child, so there is no need to seek out the real father or get permission to travel/immigrate.

 

If your spouse is not the biological father but is listed on the BC, then you should still correct that.

 

14 minutes ago, Carolct79 said:

Why your husband not adopt your daughter? I think is your best option and then he can fill an application for you and your daughter also. Check in uscis.gov there is some topics that can help you to find out the answer.

There is no need to adopt. You can include a minor child as a derivative for F2A fine (and even if you couldn't he can petition for a stepchild fine).

https://fam.state.gov/fam/09FAM/09FAM050201.html

The spouse is classified as F21 or C21 (Spouse of Lawful Permanent Resident). The spouse's child would be covered under F23 / C23 (Child of F21/C21).

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

 

Ban Hammer Grand Master

Ban Hammer   13,555

Posted
Filed: Citizen (apr) Country: Brazil
 Timeline
Posted

duplicate topics merged, one additional thread on the same topic removed as it did not have any replies.
please refrain from making multiple threads on the same subject.

charles

vj moderation

* ~ * Charles * ~ *
 

I carry a gun because a cop is too heavy.

 

USE THE REPORT BUTTON INSTEAD OF MESSAGING A MODERATOR!

Aicah Newbie

Aicah   0

Posted
Country: Philippines
 Timeline
  • Author
Posted
14 hours ago, geowrian said:

He can petition for you fine. You can bring your child with you as a derivative beneficiary. ETA: About 2 years. Under PI law, the mother has full rights for an illegitimate child, so there is no need to seek out the real father or get permission to travel/immigrate.

 

If your spouse is not the biological father but is listed on the BC, then you should still correct that.

 

There is no need to adopt. You can include a minor child as a derivative for F2A fine (and even if you couldn't he can petition for a stepchild fine).

https://fam.state.gov/fam/09FAM/09FAM050201.html

The spouse is classified as F21 or C21 (Spouse of Lawful Permanent Resident). The spouse's child would be covered under F23 / C23 (Child of F21/C21).

Thank you for the info. 

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

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
 Share
Go to topic listing
- Back to Top -

Important Disclaimer: Please read carefully the Visajourney.com Terms of Service. If you do not agree to the Terms of Service you should not access or view any page (including this page) on VisaJourney.com. Answers and comments provided on Visajourney.com Forums are general information, and are not intended to substitute for informed professional medical, psychiatric, psychological, tax, legal, investment, accounting, or other professional advice. Visajourney.com does not endorse, and expressly disclaims liability for any product, manufacturer, distributor, service or service provider mentioned or any opinion expressed in answers or comments. VisaJourney.com does not condone immigration fraud in any way, shape or manner. VisaJourney.com recommends that if any member or user knows directly of someone involved in fraudulent or illegal activity, that they report such activity directly to the Department of Homeland Security, Immigration and Customs Enforcement. You can contact ICE via email at Immigration.Reply@dhs.gov or you can telephone ICE at 1-866-347-2423. All reported threads/posts containing reference to immigration fraud or illegal activities will be removed from this board. If you feel that you have found inappropriate content, please let us know by contacting us here with a url link to that content. Thank you.
×
×
  • Create New...