IR-2 for Step-Child with my name on birth certificate

[Cali864 0]

Please help! I became a US Citizen in February, 2020 and I got married to my wife in Dominican Republic (DR) same month. She has a 5 year old daughter whose father was never in the child’s life since birth. The father’s name is also NOT on the hospital birth record as she was a single mom and she was never married to the child’s father. The hospital birth record list only mother’s details. After the wedding, we went to the declaration office and my name was added as father and the child’s last name would have both my last name and the mother’s last name. Now I am back in the states and I filed an i-130 petition for my wife and now I want to file for my step-child (her daughter) but I am thinking there could be a problem because my name now appears in the official birth certificate of the child as FATHER which I assume means Biological Father. I am confused. Please anyone seen this kind of situation before help me:

Adoption is not an option, it is too long and requires me to live with the child in DR for 2 years or so which I can’t and lots of paperwork etc.

1.       Can I go ahead with the filing of i-130 petition/DS-260 for the child as a CHILD (IR2) visa or DNA would be required? I will fail the DNA obviously.

2.       Can I go ahead with the filing of i-130 petition/DS-260 for the child as STEP-CHILD (IR2) visa? Will my name as father on the child’s birth certificate be an issue or non-issue if explained that I am the Step-father and not the biological father but my name is only on the child’s birth certificate since the biological father is nowhere to be found.

3.       Can we wait until when my wife (the mother) immigrates with her CR1/IR1 visa and she can then petition an F2A visa for her daughter and I wouldn’t have to be directly involved with the process?

 

Please help me with possible options in navigating this process and I don't want any misrepresentation issue or denial from this confusion.

[Just Paul 4,595]

You just file the I-130.  It didn't matter that there was no father on the birth certificate, too late to un fix that. I've seen petitioners successfully explain that to USCIS.

[SusieQQQ 11,587]

1 hour ago, Cali864 said:

Can I go ahead with the filing of i-130 petition/DS-260 for the child as a CHILD (IR2) visa or DNA would be required? I will fail the DNA obviously.

2.       Can I go ahead with the filing of i-130 petition/DS-260 for the child as STEP-CHILD (IR2) visa? Will my name as father on the child’s birth certificate be an issue or non-issue if explained that I am the Step-father and not the biological father but my name is only on the child’s birth certificate since the biological father is nowhere to be found.

3.       Can we wait until when my wife (the mother) immigrates with her CR1/IR1 visa and she can then petition an F2A visa for her daughter and I wouldn’t have to be directly involved with the process?

1. because the new birth certificate is issued so long after the chikd’s birth they would want secondary evidence to prove your parentage, which you can’t do

2. This seems and is the logical (and factually correct) option, but I’d suggest you consult a lawyer to prepare an explanation of why your name is on the birth certificate. 
3. You could wait for this but I don’t know that it will circumvent the problem in 1, and it’s just an unnecessary wait, possibly up to a 2 year separation for them.