IR2 Filipino Daughters Birth legitimated by marriage

[seekingthetruth 1,248]

1 minute ago, NavyJim said:

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.  

Praying for success!  The fact that it has come this far is a good sign.  Considering your long marriage and relationship with your daughter, perhaps they will be fine with it as is.

 

I am petitioning my wife and step-daughter.  One thing I did was document our relationship (also 8-9 years) with photos of us as a family; birthdays, school, travelling, holidays, etc.

[NavyJim 9]

11 minutes ago, seekingthetruth said:

Praying for success!  The fact that it has come this far is a good sign.  Considering your long marriage and relationship with your daughter, perhaps they will be fine with it as is.

 

I am petitioning my wife and step-daughter.  One thing I did was document our relationship (also 8-9 years) with photos of us as a family; birthdays, school, travelling, holidays, etc.

Thank you for responding. I have to get home to nj for the sake of my aging mother, and to give my daughter some kind of opportunity in life. The reason I was put on the birth cert was because we were together at the time of conception, i as with her through pregnancy, married 4 mos after birth. It was the registrar office that initiate the legitimation. I have read that immigration has to go with it. I have also read that the cert of birth abroad was an option to guarantee citizenship, but not required, as other routes for a visa (not citizenship) are in place for those who choose such.   I just want to get her there, don't care about status and such. My mother wants to meet her granddaughter. I would have thought that if there were any 'alarm bells' regarding the paperwork, and documents submitted to uscis and NVC, that they would have notified us. They did notify us about a missing police clearance, which we submitted. That's all they asked for., said all other documents accepted, approved.  

Edited January 17, 2021 by NavyJim

[belinda63 3,045]

A US citizen is not eligible for a visa. There have been times when a person applied for a visa for a child and it was put on hold while the CRBA process was done. Failure on your part to complete the process does not exclude the child from being a US citizen. It is very possible that when they go for the interview you will be told to apply for CRBA for your daughter and she will not be issued a visa unless it is found she does not qualify for US citizenship. 

[Boiler 45,956]

45 minutes ago, belinda63 said:

A US citizen is not eligible for a visa. There have been times when a person applied for a visa for a child and it was put on hold while the CRBA process was done. Failure on your part to complete the process does not exclude the child from being a US citizen. It is very possible that when they go for the interview you will be told to apply for CRBA for your daughter and she will not be issued a visa unless it is found she does not qualify for US citizenship. 

That is the normal process and not as if many members on VJ have not gone through it.

 

Do let us know what happens.

[NavyJim 9]

8 minutes ago, Boiler said:

55 minutes ago, belinda63 said:

A US citizen is not eligible for a visa. There have been times when a person applied for a visa for a child and it was put on hold while the CRBA process was done. Failure on your part to complete the process does not exclude the child from being a US citizen. It is very possible that when they go for the interview you will be told to apply for CRBA for your daughter and she will not be issued a visa unless it is found she does not qualify for US citizenship. 

 

Hi Belinda, If they do require me to complete the CBRA Process, and it is verified that the child is NOT a US Citizen, will there then be a problem with me being listed as the Father on the BC and Child Ligitimation Document? 

[belinda63 3,045]

That I do not know.

[HRQX 4,145]

3 hours ago, NavyJim said:

and it is verified that the child is NOT a US Citizen, will there then be a problem with me being listed as the Father on the BC and Child Ligitimation Document? 

In that case, you being listed in those documents is not a problem.

Edited January 17, 2021 by HRQX

[NavyJim 9]

3 minutes ago, HRQX said:

In that case, you listed in those documents is not a problem.

Hi HRQX.  thank you for the reply. If they require DNA, and that determines that I am not the Bio Father, and I am named on the BC and Legitimation as submitted, Where would that leave us in regard to the IR2 process? (Keeping in mind I have been married to the childs mother since birth, and am also petitIoning her w/ IR1). Thank you so much for your time.

[HRQX 4,145]

1 minute ago, NavyJim said:

Hi HRQX.  thank you for the reply. If they require DNA, and that determines that I am not the Bio Father, and I am named on the BC and Legitimation as submitted, Where would that leave us in regard to the IR2 process? (Keeping in mind I have been married to the childs mother since birth, and am also petitIoning her w/ IR1). Thank you so much for your time.

She would be eligible for the IR-2 in that case.

[NavyJim 9]

16 minutes ago, HRQX said:

She would be eligible for the IR-2 in that case.

Thanks Again. I guess my question is . . . If, at the interview, the CO requires a DNA test, does it simply mean that the child's IR2 petition is on hold pending results of the DNA? And if so, if dna shows I am not the bio father, how does that impact the current/pending IR2 petition / process moving forward. Would they just make any necessary adjustments and grant the Visa?.  I cannot thank you enough for your time.  

[payxibka 10,047]

24 minutes ago, NavyJim said:

Thanks Again. I guess my question is . . . If, at the interview, the CO requires a DNA test, does it simply mean that the child's IR2 petition is on hold pending results of the DNA? And if so, if dna shows I am not the bio father, how does that impact the current/pending IR2 petition / process moving forward. Would they just make any necessary adjustments and grant the Visa?.  I cannot thank you enough for your time.  

Right now you have parallel paths, a DNA determination will close one path and you simply proceed down and complete the remaining option.   

[NavyJim 9]

4 minutes ago, payxibka said:

Right now you have parallel paths, a DNA determination will close one path and you simply proceed down and complete the remaining option.   

Thanks payxibka.  If DNA shows I am not the Bio father,  closing the citizenship path, does that keep her "now in progress" IR2 going forward, or does she have to start over?

[Boiler 45,956]

Just a blip. they need to make sure she is eligible, no CRBA means she is.

[payxibka 10,047]

3 minutes ago, NavyJim said:

Thanks payxibka.  If DNA shows I am not the Bio father,  closing the citizenship path, does that keep her "now in progress" IR2 going forward, or does she have to start over?

Why would you need to start over?  A positive DNA invalidates the petition,  a negative result VALIDATES that the petition approval was proper.

[NavyJim 9]

2 minutes ago, payxibka said:

Why would you need to start over?  A positive DNA invalidates the petition,  a negative result VALIDATES that the petition approval was proper.

Thanks,  with DNA proving I am not the Bio Father, how would they look upon me being on BC and the philippines even go so far as to  legitimizing the Child in my name by virtue of my marriage to the child's mom.?  Will that be looked at as attempted fraud? (i assure you we meant no wrongdoing)