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Posted

Hi, I have a very difficult situation and I am in a fix. I need your answer and possibly some solutions.
I am currently a green card holder through the DV lottery program. I have been here since June 2016. I want to file for my wife and her daughter but I'm troubled.

1, I married my wife four days before I came to the US meaning that I am still single in the USCIS and departments of homelands records because throughout my documentation process I was single.
a, will there be issues if I file for her? we have the marriage certificate and pictures to prove our marriage
b, USCIS requires that I submit two documents, that is the marriage certificate and any other documentation that we have a bona fide marriage. Unfortunately, we only have the marriage certificate. what do we do?

2, My stepdaughter bares the same surname as me (just a coincidence) very common in the west and east Africa region. I share two names with her father as well ( that is we share the same surname and his first name is my middle name. he has a different middle name and I have a different first name). My wife was not married to him when my stepdaughter was conceived and sadly too he (baby daddy) wants nothing to do with her and my now wife. According to my wife, they never met again since he got the news of the pregnancy. His family doesn't know his where about and all that. Anyway, his name still ended up on the birth certificate of the little girl. Long story short, we moved in together when my stepdaughter was one and she has known me to be her father to date. My questions are

a, will there be issues when I put her on the I-130 as a derivative of my spouse since we share the same surname and I have two names in common with her father?
b, what options do I have? I am confused.

Posted

Yep, this is a big issue. You were suppose to disclose you were married.

“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

Posted (edited)
4 hours ago, NuestraUnion said:

Yep, this is a big issue. You were suppose to disclose you were married.

He wasn’t married when he either entered the lottery or got the visa, so he didn’t break any DV rules.

At what point is he legally obliged to disclose a marriage? Don’t most originally-single green card holders only disclose when they file for their spouses? This would be no different.

Edited by SusieQQQ
Posted

When he said he got married "4 days before" I confused it with entering into the DV lotto.

 

OP,

Provide them with your marriage cert and if you have legal documents that list your wife as your spouse it will help.

“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

Posted (edited)

Just because your name is common shouldn’t cause an issue with the stepchild. Name is clearly not the same, and your wife will process via embassy where they will know that the names are common.

your wife may need a custody document to bring the child to the US.

Edited by SusieQQQ
 
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