IR2 Filipino Daughters Birth legitimated by marriage

[NavyJim 9]

Hello, My wife and daughter have their IR2 interviews on Jan 21.  My daughter was born out of wedlock, w/ me listed as the Father on BC. My wife and I married 4 months later, and we had the Child's birth legitimated through the city registrars office, and have proper documentation of such. My question is...wITH the i-130 and ds 260, etc approved, and NVC stating the child is documentarily qualified, are we good to go in terms of Parental Relationship, or could they still require DNA ? Thank you so much

[Boiler 45,663]

Does the child have a US Passport?

[NavyJim 9]

No, when we went for the Cert of Birth Abroad, the person handling our request actually stated " The Child does not look like you" and stated we would need a DNA test. We did not go through with that, as whatever its outcome it would not have changed my relationship with the child.  My wife and I married 4 months later and legitimized the birth following philippine law. So, I did her IRS petition base on Being Married to her mother for 8 years now and the legitimation of the child. The approval notice from the uscis shows "Immediate Relative, Child of US Citizen.". So, it seems as though they reviewed the docs and found her qualed, as did NVC after reviewing the ds 260. 

 

 

Edited January 17, 2021 by NavyJim

[NavyJim 9]

Pls keep in mind, That I am happily married to the mother of the child, and have been for 8 years.  I understand how this must sound to others, but it's the way it worked out for us.

Edited January 17, 2021 by NavyJim

[HRQX 4,145]

20 minutes ago, NavyJim said:

No, when we went for the Cert of Birth Abroad, the person handling our request actually stated " The Child does not look like you" and stated we would need a DNA test. We did not go through with that, as its outcome would not have changed my relationship with the child.

You should have completed the CRBA process by doing the DNA test. If at the time of her birth you met the requisite minimum time of US physical presence then your daughter is a US citizen since her birth. Since US citizens are not eligible for US visas then your daughter is not eligible for the IR-2. If she is now too old for CRBA (i.e. over 18) then she can still apply for US passport: https://ph.usembassy.gov/u-s-citizen-services/child-family-matters/birth/derivative-u-s-citizenship-adults/

 

Having an approved I-130 and a DQ from NVC doesn't mean that an IR-2 will be issued. The CO may still question you about the previously submitted CRBA application. https://fam.state.gov/FAM/09FAM/09FAM030103.html "You may not issue a visa to an individual unless you are satisfied that the applicant is an alien."

Edited January 17, 2021 by HRQX

[NavyJim 9]

Thanks for the response. My daughter is 8 years old. At this point I just want to get myself , wife , daughter to the states, regardless of type visa. Being married to the girls mom, that at a minimum makes the child my step child, which is allowed under IR2. I am just wondering about the interview...how they will see the circumstance.  Will they ignore the Ligitemization of the birth? If so, the child is still my wifes child, which makes her my step child. Just worried about the process after getting this far. 

Edited January 17, 2021 by NavyJim

[HRQX 4,145]

5 minutes ago, NavyJim said:

Just worried about the process after getting this far. 

See the sentence I added from the Foreign Affairs Manual into my previous post. The CRBA or US passport is the proper way.

 

Have some people gotten away with the improper way in the past? Yes. "I did not become a recognized US citizen until I was 11 years old, two years after we moved to the US, when I received the official certificate of citizenship, which backdated my citizenship to the day I was born.  I did not travel to the US on a US passport."

 

But I still strongly recommend to go through the proper CRBA way.

[NavyJim 9]

I will be frank, so as to not waste anyone's time.   We don't know for sure, but there is a chance that I am not the bio father of the child,, but i am married to the child's mother. That makes me the Step Father, however I did meet the requirements for the childs birth to be legitimized by Philippine authority,  through marriage. And I have been the girls father since birth 8 years ago. Hope this helps describe my case

Edited January 17, 2021 by NavyJim

[NavyJim 9]

I will put it this way,....When me and my wife were just dating, she became pregnant. The child could very well could be mine or it could not. We don't know for sure because we did not go through the Dna process. Nor did we go through with the cert for birth abroad. We did however, get married four months after the Childs birth and met the requirements to legitimize the birth with me listed as the father.  We remain married and I have raised/ lived w/ the child since birth 8 years ago. I now want to return home to the states w/ my wife and daughter. All paperwork submitted, and interview for 1r1 /ir2 on jan 21. Nervous as hell.

[Boiler 45,663]

You need to exhaust the CRBA process first

[NavyJim 9]

But their interviews are this week. The CRBA was denied 8 years ago for not submitting to DNA. Does my subsequent 8 year marriage to the childs mother not entitle her to the IR2 visa, on the premise of being her bonafide step father?

Edited January 17, 2021 by NavyJim

[SalishSea 17,928]

11 minutes ago, NavyJim said:

But their interviews are this week. The CRBA was denied 8 years ago for not submitting to DNA. Does my subsequent 8 year marriage to the childs mother not entitle her to the IR2 visa, on the premise of being her bonafide step father?

The thing is, US citizens are not eligible for immigrant visas.  She either is, or is not a citizen, and that's what you need to determine.

[NavyJim 9]

Thanks for your response, At this point she is not a US Citizen, the child was born in the Phils, has a Philippine Passport,  and the CRBA denied for failure to submit dna. 

[seekingthetruth 1,248]

8 minutes ago, NavyJim said:

But their interviews are this week. The CRBA was denied 8 years ago for not submitting to DNA. Does my subsequent 8 year marriage to the childs mother not entitle her to the IR2 visa, on the premise of being her bonafide step father?

You may be the bonafide step-father.  However, you have documents that say you are the father.  How did you fill out the petition?  As daughter or step-daughter?  You can't have it both ways.  I understand that you don't care, and she is your daughter who you love very much, but they are mainly paper pushers, and will go by the paperwork.  Hopefully someone here has some good advice for a successful way forward.  Good luck!

[NavyJim 9]

1 minute ago, seekingthetruth said:

You may be the bonafide step-father.  However, you have documents that say you are the father.  How did you fill out the petition?  As daughter or step-daughter?  You can't have it both ways.  I understand that you don't care, and she is your daughter who you love very much, but they are mainly paper pushers, and will go by the paperwork.  Hopefully someone here has some good advice for a successful way forward.  Good luck!

Thank you so much for the response.  I havent slept for days thinking about this.  I guess I just have to see how it plays out.