Husband name not on the birth certificate

[Cheridane123 122]

Hello everyone . I filed for my husband last week and I received NOA1 today , we have 3 childrens together but my husband name is not on the birth certificate , should that be a issue ? But all the children have my husband ‘s last name as their middle name . I am just worried if the visa can be denied because his name is not on birth certificate . Thanks for any suggestion 

[debbiedoo 2,339]

it wouldnt be denied because of that. I am assuming the children are in the US and are USC.

 

why is he not listed on their birth certificates if he is the biological father ?

[Cheridane123 122]

30 minutes ago, debbiedoo said:

it wouldnt be denied because of that. I am assuming the children are in the US and are USC.

 

why is he not listed on their birth certificates if he is the biological father ?

Yes they are USC. He is not listed because at the hospital they have a form that the father have to fill out and sign for paternity , and he was not in the USA . 

[pushbrk 12,883]

Some States do require the father to be present to sign, to have his name on the Certificate.  The issue will be that you have no "evidence" that he is the father of your children, so it is more difficult to show the children together as relationship evidence.  Did you list these children as HIS children directly below listing yourself as his wife on page 6 of the I-130?  Do you have evidence the two of you were together when the children were conceived?  Were you married when the children were conceived?

 

 

[Cheridane123 122]

1 minute ago, pushbrk said:

Some States do require the father to be present to sign, to have his name on the Certificate.  The issue will be that you have no "evidence" that he is the father of your children, so it is more difficult to show the children together as relationship evidence.  Did you list these children as HIS children directly below listing yourself as his wife on page 6 of the I-130?  Do you have evidence the two of you were together when the children were conceived?  Were you married when the children were conceived?

 

 

Yeahhh we do have pictures , airplanes tickets , photos with him and the kids when we visited him back home . Our marriage took place in my country (Cameroon ) 

[pushbrk 12,883]

Just now, Cheridane123 said:

Yeahhh we do have pictures , airplanes tickets , photos with him and the kids when we visited him back home . Our marriage took place in my country (Cameroon ) 

I asked several questions that were specific. Which of you is the foreigner?

[Cheridane123 122]

1 minute ago, pushbrk said:

I asked several questions that were specific. Which of you is the foreigner?

My husband is foreign and I am USC 

[Cheridane123 122]

7 minutes ago, pushbrk said:

Some States do require the father to be present to sign, to have his name on the Certificate.  The issue will be that you have no "evidence" that he is the father of your children, so it is more difficult to show the children together as relationship evidence.  Did you list these children as HIS children directly below listing yourself as his wife on page 6 of the I-130?  Do you have evidence the two of you were together when the children were conceived?  Were you married when the children were conceived?

 

 

Yes I listed the children as HIS

[pushbrk 12,883]

Just now, Cheridane123 said:

Yes I listed the children as HIS

And, do you have evidence you were together WHEN the children were CONCEIVED?  Were you MARRIED when they were conceived?  All this is relevant and how much of an issue you have to deal with, depends on the answers to THOSE specific questions.  If all the answers are yes, and you have provided that evidence, you have no worries.

[Cheridane123 122]

2 minutes ago, pushbrk said:

And, do you have evidence you were together WHEN the children were CONCEIVED?  Were you MARRIED when they were conceived?  All this is relevant and how much of an issue you have to deal with, depends on the answers to THOSE specific questions.  If all the answers are yes, and you have provided that evidence, you have no worries.

We just got married in January of this year , but we have all evidence that we were together when they were conceived . And I send some screen shot for our conversation on 2013 when our daughter got miningitis and I was at the hospital   With her , message shows our daughter picture that I was sending to him . I sended like 10 pages for our one month conversation for that period at the hospital . And some recent chat log . Thanks for your time . 

[debbiedoo 2,339]

not really your question, but I would have  DNA test done to prove he is the father (good for your immigration case though), and then add him to their birth certificates ASAP.

 

It will be needed as proof for many things (non immigration related) in the future. Such as health insurance, death benefits (if he qualifies) if he passes before they are 18 (my ex died when my kids were 10 and 16), and other things i know im forgetting at this early hour.