could we be denied?

[chimi 0]

Could my husband be denied a green card for this?

I ask because today we had our interview. It went well at first and then a bit downhill. We were not denied but my husband's case is still pending because we didn't have a copy of his son's birth certificate. His son is with his mother in his home country. My husband and the boy's mother were never married and their families had a lot of disagreements because of their relationship (they were pretty young when the child was born.) The girl's family demanded that the relationship end and a year after that my husband moved to another city rather far away to study. His family kept in contact with the son but after awhile the girl's family wouldn't let them see the little boy. After that happened, my husband and his family became pretty occasional in their economic support. Needless to say there remains quite a bit of bad blood. Most unfortunatley for the little boy who is now nearly 10. The mother has another child now with a different father but remains unmarried.

My question is: what could resonably happen in this situation? The consular officer said he needs my husband to obtain the boy's birth certificate in order to make a decision on his case and asked for the mother's name.

[~krakatoa~ 27]

Could my husband be denied a green card for this?

I ask because today we had our interview. It went well at first and then a bit downhill. We were not denied but my husband's case is still pending because we didn't have a copy of his son's birth certificate. His son is with his mother in his home country. My husband and the boy's mother were never married and their families had a lot of disagreements because of their relationship (they were pretty young when the child was born.) The girl's family demanded that the relationship end and a year after that my husband moved to another city rather far away to study. His family kept in contact with the son but after awhile the girl's family wouldn't let them see the little boy. After that happened, my husband and his family became pretty occasional in their economic support. Needless to say there remains quite a bit of bad blood. Most unfortunatley for the little boy who is now nearly 10. The mother has another child now with a different father but remains unmarried.

My question is: what could resonably happen in this situation? The consular officer said he needs my husband to obtain the boy's birth certificate in order to make a decision on his case and asked for the mother's name.

I am sorry to hear about your news. I might not be an expert to help but I wish to help by referring to some publications later on. I'll see if I can find more, might post another time.

But generally, it now depends on the adjudicating officer since your husband's situation is out of the ordinary. The burden of proof is on the applicant's (your husband) part to rebut possible adverse evidence that might be brought up by the officer while reviewing your case. Your husband can do this by supplying the primary evidence requested OR supplying a secondary evidence.

I read a particular article from the USCIS publication which you might find relevant (8 CFR PART 204 -- IMMIGRANT PETITIONS \ Sec. 204.2(d) ), though your husband is not petitioning the child right now but might become relevant to his administrative file, since he is applying for permanent residence and might apply for citizenship. See how they put weight on the father's relationship and his ability to provide support for the child. I quote, adjudicator's role:

"Since a lawful permanent resident can petition on behalf of an unmarried son or daughter regardless of age, you must be satisfied that the beneficiary has either never been married or has terminated any and all prior marriages before you approve the petition. Any doubts about the beneficiary's marital status should be resolved through an interview at a local office."

"If the petition is submitted by the purported father of a child or son or daughter born out of wedlock, the father must show that he is the natural father and that a bona fide parent-child rel ationship was established when the child or son or daughter was unmarried and under twenty-one years of age. Such a relationship will be deemed to exist or to have existed where the father demonstrates or has demonstrated an active concern for the child's support, instruction, and general welfare. Primary evidence to establish that the petitioner is the child's natural father is the beneficiary's birth certificate, issued by civil authorities and showing the father's name. If the father's name has been l egally changed, evidence of the name change must accompany the petition. Evidence of a parent/child relationship should establish more than merely a biological relationship. Emotional and/or financial ties or a genuine concern and interest by the father for the child's support, instruction, and general welfare must be shown. There should be evidence that the father and child actually lived together or that the father held the child out as being his own, that he provided for some or all of the child's needs, or that in general the father's behavior evidenced a genuine concern for the child. The most persuasive evidence for establishing a bona fide parent/child relationship and financial responsibility by the father is documentary evidence which was contemporaneous with the events in question. Such evidence may include, but is not limited to: money order receipts or cancelled checks showing the father's financial support of the beneficiary; the father's income tax returns; the father's medical or insuran ce records which include the beneficiary as a dependent; school records for the beneficiary; correspondence between the parties; or notarized affidavits of friends, neighbors, school officials, or other associates knowledgeable about the relationship."

If the primary evidence, in your case the birth certificate of your husband's son from another, is unavailable, you may provide secondary evidence but it depends on the judicial system of your husband's country, I assume Mexico?

Read on, something about providing secondary evidence:

"(v) Secondary evidence. When it is established that primary evidence is not available, secondary evidence may be accepted. To determine the availability of primary documents, the Service will refer to the Department of State's Foreign Affairs Manual (FAM). When the FAM shows that primary documents are generally available in the country at issue but the petitioner claims that his or her document is unavailable, a letter from the appropriate registrar stating that the document is not available will be required before the Service will accept secondary evidence. Secondary evidence will be evaluated for its authenticity and credibility. Secondary evidence may take the form of historical evidence; such evidence must have been issued contemporaneously with the event which it documents and may include, but is not limited to, medical records, school records, and religious documents. Affidavits may also be accepted. When affidavits are submitted, they must be sworn to by persons who were born at the time of and who have personal know ledge of the event to which they attest. Any affidavit must contain the affiant's full name and address, date and place of birth, relationship to the party, if any, and complete details concerning how the affiant acquired knowledge of the event."

I wish things will turn around good for you and your husband.

Edited June 6, 2007 by mysticbluerose

[pushbrk 12,898]

Could my husband be denied a green card for this?

I ask because today we had our interview. It went well at first and then a bit downhill. We were not denied but my husband's case is still pending because we didn't have a copy of his son's birth certificate. His son is with his mother in his home country. My husband and the boy's mother were never married and their families had a lot of disagreements because of their relationship (they were pretty young when the child was born.) The girl's family demanded that the relationship end and a year after that my husband moved to another city rather far away to study. His family kept in contact with the son but after awhile the girl's family wouldn't let them see the little boy. After that happened, my husband and his family became pretty occasional in their economic support. Needless to say there remains quite a bit of bad blood. Most unfortunatley for the little boy who is now nearly 10. The mother has another child now with a different father but remains unmarried.

My question is: what could resonably happen in this situation? The consular officer said he needs my husband to obtain the boy's birth certificate in order to make a decision on his case and asked for the mother's name.

I don't understand why your husband's son, who isn't immigrating, has anything to do with your husband being approved for a green card. Could you possibly provide a reason for connecting your explanation above with the green card?

[~krakatoa~ 27]

I don't understand why your husband's son, who isn't immigrating, has anything to do with your husband being approved for a green card. Could you possibly provide a reason for connecting your explanation above with the green card?

Though her husband is not petitioning the child right now, it might become relevant to his administrative file and petition later on, since he is applying for permanent residence and the officer can assume safely.

I quote, for the adjudicator's role:

"Since a lawful permanent resident can petition on behalf of an unmarried son or daughter regardless of age, you must be satisfied that the beneficiary has either never been married or has terminated any and all prior marriages before you approve the petition. Any doubts about the beneficiary's marital status should be resolved through an interview at a local office."

[Magnolia31 0]

Could my husband be denied a green card for this?

I ask because today we had our interview. It went well at first and then a bit downhill. We were not denied but my husband's case is still pending because we didn't have a copy of his son's birth certificate. His son is with his mother in his home country. My husband and the boy's mother were never married and their families had a lot of disagreements because of their relationship (they were pretty young when the child was born.) The girl's family demanded that the relationship end and a year after that my husband moved to another city rather far away to study. His family kept in contact with the son but after awhile the girl's family wouldn't let them see the little boy. After that happened, my husband and his family became pretty occasional in their economic support. Needless to say there remains quite a bit of bad blood. Most unfortunatley for the little boy who is now nearly 10. The mother has another child now with a different father but remains unmarried.

My question is: what could resonably happen in this situation? The consular officer said he needs my husband to obtain the boy's birth certificate in order to make a decision on his case and asked for the mother's name.

I don't understand and I am confused. You say his son is with his mother. Does that mean he does not plan on bringing his son? If he is not planning on bringing his son, why do they want his BC? I don't get it.

Could my husband be denied a green card for this?

I ask because today we had our interview. It went well at first and then a bit downhill. We were not denied but my husband's case is still pending because we didn't have a copy of his son's birth certificate. His son is with his mother in his home country. My husband and the boy's mother were never married and their families had a lot of disagreements because of their relationship (they were pretty young when the child was born.) The girl's family demanded that the relationship end and a year after that my husband moved to another city rather far away to study. His family kept in contact with the son but after awhile the girl's family wouldn't let them see the little boy. After that happened, my husband and his family became pretty occasional in their economic support. Needless to say there remains quite a bit of bad blood. Most unfortunatley for the little boy who is now nearly 10. The mother has another child now with a different father but remains unmarried.

My question is: what could resonably happen in this situation? The consular officer said he needs my husband to obtain the boy's birth certificate in order to make a decision on his case and asked for the mother's name.

I don't understand why your husband's son, who isn't immigrating, has anything to do with your husband being approved for a green card. Could you possibly provide a reason for connecting your explanation above with the green card?

That is EXACTLY hwat I am thinking. That does NOT make sense.

[Magnolia31 0]

I don't understand why your husband's son, who isn't immigrating, has anything to do with your husband being approved for a green card. Could you possibly provide a reason for connecting your explanation above with the green card?

Though her husband is not petitioning the child right now, it might become relevant to his administrative file and petition later on, since he is applying for permanent residence and the officer can assume safely.

I quote, for the adjudicator's role:

"Since a lawful permanent resident can petition on behalf of an unmarried son or daughter regardless of age, you must be satisfied that the beneficiary has either never been married or has terminated any and all prior marriages before you approve the petition. Any doubts about the beneficiary's marital status should be resolved through an interview at a local office."

Then why don't they ask for that then when he does decide to file on his behalf? They will end up asking for it all again then anyway. Still makes no sense to me. And since that states that they basically want proof that the beneficiary has never been married or reminated a marriage, how would his sons birth certificate prove that? OK. I am just VERY lost and have issues comprehending any darn thing these days. LOL

[chimi 0]

That's what I don't understand totally either. The officer said that if my husband is claiming the boy to be his son, he needs to see the BC. I suppose maybe it would be for any future possibility of the child applying for an immigration benefit? If that's the case, then hopefully this is just an issue of having the paper for that possiblity. But the officer said he needed the BC in order to make a decision on the case.

What we are afraid of is that the mother/mother's family will be contacted and they will badmouth my husband because of everything that has happened and then it will cause problems with his being granted residency. Or maybe the officer doesn't believe that my husband had never previously married? Because when he asked about the boy, he asked several times if my husband had been married, either by the church or legally.

[Twomoles 8]

Petitioner have to give information about all his children in forms is all as I know. But he never were married and he is not going to bring him here. Did you got RFE about sons BC? Or did officer said that this is the reason why case is pending? Is this a big problem to get his son BC from his country archive? Or maybe I don't understand this case and your question.

[Magnolia31 0]

That's what I don't understand totally either. The officer said that if my husband is claiming the boy to be his son, he needs to see the BC. I suppose maybe it would be for any future possibility of the child applying for an immigration benefit? If that's the case, then hopefully this is just an issue of having the paper for that possiblity. But the officer said he needed the BC in order to make a decision on the case.

What we are afraid of is that the mother/mother's family will be contacted and they will badmouth my husband because of everything that has happened and then it will cause problems with his being granted residency. Or maybe the officer doesn't believe that my husband had never previously married? Because when he asked about the boy, he asked several times if my husband had been married, either by the church or legally.

That is just crazy. I have never heard of that. The only thing they asked me was if I illegally took my daughter out of the country or whatever. She is an American citizen though. They never asked for her BC or anything. Not even proof that I have custody which i DO have. Weird.

[no name 1]

That's what I don't understand totally either. The officer said that if my husband is claiming the boy to be his son, he needs to see the BC. I suppose maybe it would be for any future possibility of the child applying for an immigration benefit? If that's the case, then hopefully this is just an issue of having the paper for that possiblity. But the officer said he needed the BC in order to make a decision on the case.

What we are afraid of is that the mother/mother's family will be contacted and they will badmouth my husband because of everything that has happened and then it will cause problems with his being granted residency. Or maybe the officer doesn't believe that my husband had never previously married? Because when he asked about the boy, he asked several times if my husband had been married, either by the church or legally.

It might not make sense but you have to do what they ask. Good luck.

[Twomoles 8]

That's what I don't understand totally either. The officer said that if my husband is claiming the boy to be his son, he needs to see the BC. I suppose maybe it would be for any future possibility of the child applying for an immigration benefit? If that's the case, then hopefully this is just an issue of having the paper for that possiblity. But the officer said he needed the BC in order to make a decision on the case.

What we are afraid of is that the mother/mother's family will be contacted and they will badmouth my husband because of everything that has happened and then it will cause problems with his being granted residency. Or maybe the officer doesn't believe that my husband had never previously married? Because when he asked about the boy, he asked several times if my husband had been married, either by the church or legally.

I doubt that USCIS would contact them and allow to happen drama. They contact you and official bodies. Probably they cant finish case, because there is not all "hooks" on required documents. So get his BC, I am sure, that the place his birth was registered you can get some statement about this or there is some city archive or something.

Edited June 6, 2007 by ieva & carl

[chimi 0]

However, you're right about how the BC wouldn't say anything about being married... but for that reason they would go investigating in Mexico regarding if he was previously married? I can just imagine how this process could go on interminably if we have to deal with Mexican beaurocracy (sorry about the misspelling). I guess we should maybe go ahead and file for EAD and AP.... and everything had been going so quickly!

[chimi 0]

Yeah we've already got his family on the task. Thanks for the replies everyone!

[Twomoles 8]

But maybe its not related with marriage case. In my visa interview they asked the same silly questions few times, so I realized, when they are out of ideas, and they see some red flag, they ask the same thing in few different variations. They just have to have it and all you can do is get it.

[pushbrk 12,898]

I don't understand why your husband's son, who isn't immigrating, has anything to do with your husband being approved for a green card. Could you possibly provide a reason for connecting your explanation above with the green card?

Though her husband is not petitioning the child right now, it might become relevant to his administrative file and petition later on, since he is applying for permanent residence and the officer can assume safely.

I quote, for the adjudicator's role:

"Since a lawful permanent resident can petition on behalf of an unmarried son or daughter regardless of age, you must be satisfied that the beneficiary has either never been married or has terminated any and all prior marriages before you approve the petition. Any doubts about the beneficiary's marital status should be resolved through an interview at a local office."

Thanks. That explains it perfectly. The OP's husband is claiming to have a natural son but has not proved the child is his. You do this with a birth certificate. This is important as stated above, because either the LPR or his USC Spouse could later petition for the son. The note quoted above refers only to doubts about marital status but does so because of the potential of filing a petition in behalf of a child.