Want to establish paternity for my child in Ukraine

[laci1806 15]

In 2013 I was in a relationship with a girl and she had a baby but left me when the baby was 3 months old. She was not a faithful girl if you know what I mean, so I wasn’t added to the birth certificate and don’t have parental rights. I wasn’t positive the baby was mine. However, after she left me I tried locating her and the baby a few times but was unsuccessful. (It is easy to disappear in Ukraine) in 2016I came to the US with a fiancé visa and have been married 2 years now. I got news that the baby’s mom in Ukraine is having her parental rights terminated this month and I’m guessing this will leave the girl who is possibly my daughter living in an orphanage. I want to go get a paternity test done and establish paternity through the courts in Ukraine. If she is in fact my daughter, how can I petition to bring her here? Also, will it be a problem that I previously said I don’t have children on my immigration paperwork? 

[payxibka 10,045]

1 minute ago, laci1806 said:

In 2013 I was in a relationship with a girl and she had a baby but left me when the baby was 3 months old. She was not a faithful girl if you know what I mean, so I wasn’t added to the birth certificate and don’t have parental rights. I wasn’t positive the baby was mine. However, after she left me I tried locating her and the baby a few times but was unsuccessful. (It is easy to disappear in Ukraine) in 2016I came to the US with a fiancé visa and have been married 2 years now. I got news that the baby’s mom in Ukraine is having her parental rights terminated this month and I’m guessing this will leave the girl who is possibly my daughter living in an orphanage. I want to go get a paternity test done and establish paternity through the courts in Ukraine. If she is in fact my daughter, how can I petition to bring her here? Also, will it be a problem that I previously said I don’t have children on my immigration paperwork? 

Your USC spouse will.   You can't add until you know.   Once you know you will share this information with the petition and consulate 

[laci1806 15]

5 minutes ago, payxibka said:

Your USC spouse will.   You can't add until you know.   Once you know you will share this information with the petition and consulate 

Which petition will I need to file? 

[payxibka 10,045]

Just now, laci1806 said:

Which petition will I need to file? 

You are not eligible,  the USC will file an I130 for immediate relative child 

[SalishSea 17,839]

6 minutes ago, payxibka said:

You are not eligible,  the USC will file an I130 for immediate relative child 

Your wife can petition her because the stepchild relationship will have occurred before your child is 18.

[payxibka 10,045]

1 minute ago, Jorgedig said:

Your wife can petition her because the stepchild relationship will have occurred before your child is 18.

My wife?  She is not yet a USC 

[SalishSea 17,839]

Just now, payxibka said:

My wife?  She is not yet a USC 

OP's wife.....

[aaron2020 11,651]

11 minutes ago, payxibka said:

You are not eligible,  the USC will file an I130 for immediate relative child 

OP is an LPR.  He can file an I-130 for his child in the F2a category where it would take 2-3 years for him to petition for a child.  His USC spouse can also file for the child as Immediate Relative where it would be 12-15 months for a visa.

 

 

[aaron2020 11,651]

22 minutes ago, laci1806 said:

In 2013 I was in a relationship with a girl and she had a baby but left me when the baby was 3 months old. She was not a faithful girl if you know what I mean, so I wasn’t added to the birth certificate and don’t have parental rights. I wasn’t positive the baby was mine. However, after she left me I tried locating her and the baby a few times but was unsuccessful. (It is easy to disappear in Ukraine) in 2016I came to the US with a fiancé visa and have been married 2 years now. I got news that the baby’s mom in Ukraine is having her parental rights terminated this month and I’m guessing this will leave the girl who is possibly my daughter living in an orphanage. I want to go get a paternity test done and establish paternity through the courts in Ukraine. If she is in fact my daughter, how can I petition to bring her here? Also, will it be a problem that I previously said I don’t have children on my immigration paperwork? 

You will need to contact a lawyer in the Ukraine for help with establishing paternity and custody.

 

Once you have custody, your USC spouse can file for your child.  It would take 12-15 months for a visa.  Alternative, you as an LPR can file and it would take 2-3 years for a visa.

 

It's not a problem that you stated you didn't have children.   Just explain that you didn't know you had a daughter when you filed your immigration paperwork.  After a court established that you have a child, it's not a problem for you to then petition for your child.  

[laci1806 15]

Ok, so we couldn’t do the following to join route? 

[aaron2020 11,651]

3 minutes ago, laci1806 said:

Ok, so we couldn’t do the following to join route? 

No.  You came to the US in 2016 on your K-1.  A follow to join for a K-2 would have ended in 2017.

 

An I-130 is the only way.  

[Juniper 62]

1 hour ago, aaron2020 said:

You will need to contact a lawyer in the Ukraine for help with establishing paternity and custody.

 

Once you have custody, your USC spouse can file for your child.  It would take 12-15 months for a visa.  Alternative, you as an LPR can file and it would take 2-3 years for a visa.

 

It's not a problem that you stated you didn't have children.   Just explain that you didn't know you had a daughter when you filed your immigration paperwork.  After a court established that you have a child, it's not a problem for you to then petition for your child.  

Follow this and others advice above.

 

6 minutes ago, laci1806 said:

Ok, so we couldn’t do the following to join route? 

No.  You have some really good answers in this thread. You will need an attorney in Ukraine as mentioned above to get the ball rolling on this.