Can I Bring My Son To US?

[Glamour 1]

I came into US through K1 visa and now a US citizen.

 

When I started the whole process, I didn’t include my son’s name because my baby mama and I had a fight and she said the child wasn’t mine so I never mentioned his name in my k1 and N400/citizenship. Though my wife is aware of the whole issues and we both agreed not to include his name since his mother was saying otherwise so it doesn’t cause red flags at the embassy.

 

early last year, his mother went to my family house and dropped him there that he’s my son ... weird!

 

I had to travel to my home country with my wife to go do a DNA for him and the results came out that he’s my son and he’s 11 years old now.

 

my question is that can I file for him and it won’t be an issue since I didn’t include his name in my uscis files? Do I need an attorney for this? I have the DNA results to show.

 

pls advise.

 

is there anyone on here with a Similar case? 

 

[Ontarkie 14,435]

Yes you can file for him, just explain your recent DNA test to show when you found out he was yours. 

[geowrian 22,338]

Yes you can file for your son. DNA evidence will likely be requested from an organization supported by USCIS (AABB I believe?).

Be sure to hold on to evidence of believing the child was not yours. If it looks like the child was not being listed to avoid questions, then things can turn south.

[apple21 953]

Is your name listed as father on the birth certificate?

[aaron2020 11,651]

Get your son legally recognized as your son.  You will need proof.  Either an amended birth certificate or a court order.  

 

After you get your legal proof of parentage, you can file for him.  

 

You need to submit a birth certificate with the I-130.  

Edited August 23, 2019 by aaron2020

[Glamour 1]

14 hours ago, geowrian said:

Yes you can file for your son. DNA evidence will likely be requested from an organization supported by USCIS (AABB I believe?).

Be sure to hold on to evidence of believing the child was not yours. If it looks like the child was not being listed to avoid questions, then things can turn south.

Thanks for your advice. I’m not sure if the DNA organization is one of those supported by USCIS. I will search on the ones they support and wouldn’t mind doing it all over again and also sure they would require another one during his interview phase; I will gladly take all the tests as much as they want.

 

Sure I will show all the evidence of my trip to my country to go take the DNA and proof from my wife and I stating that we’re not aware because my baby mama told me he wasn’t mine and outta her crazy mind decided to dump him at my family’s house that he’s mine :(.

 

Pls what other evidence do you think I can show for this type of case apart from the DNA?

 

Note: I’m not desperate in getting him to US but want to be with my son and be in his life since I wasn’t there for 11 years :(

Edited August 23, 2019 by Glamour

[Glamour 1]

13 hours ago, apple21 said:

Is your name listed as father on the birth certificate?

🤔  honestly at this point, I’m not too sure because I signed the birth certificate for him when she had the baby but when everything goes south between us, she told me she amended his birth certificate and took off my name and cut all my access to the baby.

 

So I’m not sure if she was telling the truth. I’d probably find out from her (unfortunately she ain’t even picking my calls or replying messages).

 

whole thing getting me stressed 😩 

[Glamour 1]

12 hours ago, aaron2020 said:

Get your son legally recognized as your son.  You will need proof.  Either an amended birth certificate or a court order.  

 

After you get your legal proof of parentage, you can file for him.  

 

You need to submit a birth certificate with the I-130.  

Thanks so much.

 

As soon as I was able to find out what’s currently on his birth certificate, if otherwise not my name, I will take the actions you advise.

 

 

[Glamour 1]

Guys, do you think I need an attorney for this case whenever I’m ready to file for him or I can just do it all by myself?

 

I didn’t use attorney through out my immigration process ... I did it all by myself with help on visajourney here.

[apple21 953]

Check first the status of the birth certificate. If your name is not there, depending on your country's laws, you might need a lawyer to ammend the BC. One step at a time. 

[FlashLG 152]

7 hours ago, Glamour said:

Thanks so much.

 

As soon as I was able to find out what’s currently on his birth certificate, if otherwise not my name, I will take the actions you advise.

 

 

You can order a copy of his birth certificate from the website of whichever county council his birth was registered. It's really straight forward to apply and using the standard service takes about 2 weeks to receive the birth certificate. It costs around 12 pounds.

 

Edit: For some reason when I read your original post I thought you were from the UK. If you're not then ignore this as it may be different for the country you are from.

Edited August 23, 2019 by FlashLG

[Georgia16 2,858]

I don't know what country you are from so hard to give exact directions. But also remember that most countries you will need a written consent from the mom to immigrant him to the US some countries just want to see sole custody so you also have to find out the rules for that for when times come for the interview. 

[Cathi 5,784]

I know this isn't answering your question but kudos to you for stepping up as a parent to your son. I cannot imagine being 11 years old and my mother just dropping me off at the home of a total stranger. You will be giving him the stability he needs and deserves.

Edited August 23, 2019 by Cathi