IR2 Filipino Daughters Birth legitimated by marriage

[aaron2020 11,651]

Are you the biological father?  

[NavyJim 9]

13 minutes ago, aaron2020 said:

Are you the biological father?  

There is a good chance I am not. but no fraud was intended, we were heavily dating at the time so one could reason that I am. She lived w/ me during pregnancy (2012) and after At the birth of the child I accepted parental aknowledgment and we married 4 months after birth, and at that time when registering the marriage, it was Office of the registrar who suggested to legitimize the child, which we did.  We been married ever since w/ me in the role of child's father every step. She's now 8yo.

Edited January 17, 2021 by NavyJim

[carmel34 3,639]

1 hour ago, NavyJim said:

There is a good chance I am not. but no fraud was intended, we were heavily dating at the time so one could reason that I am. She lived w/ me during pregnancy (2012) and after At the birth of the child I accepted parental aknowledgment and we married 4 months after birth, and at that time when registering the marriage, it was Office of the registrar who suggested to legitimize the child, which we did.  We been married ever since w/ me in the role of child's father every step. She's now 8yo.

I would recommend that you go with your wife if possible, to the visa interview, and just explain your situation in detail to the interviewing officer.  If they ask for a DNA test for your daughter, you can get one and it will either confirm that you are the biological father or not.  If you are the bio father, she can get a US passport for her to travel to the US with her mother.  If you are not, they should allow the current visa process to go forward without too much delay.  Sometimes errors are made and people with rights to US citizenship get US visas to enter the country.  In my personal situation, I was born and raised in Canada and did not know that I was also a US citizen through my mom until much later in life.  I was issued an F-1 student visa to do my bachelor's degree at an American university for four years, which was an error that someone missed in reviewing my case.  It was when I was applying for grad programs in the US at age 30 and inquired about a new F-1 visa, it was denied because I was born a US citizen through my mom, so I got a US citizenship certificate and a US passport at that time.  Your case is somewhat different, but I just wanted to point out that sometimes US visas are approved and used to enter the US when US citizenship issues are not crystal clear.  Good luck in your journey whatever happens!

[payxibka 10,045]

1 hour ago, carmel34 said:

I would recommend that you go with your wife if possible, to the visa interview, and just explain your situation in detail to the interviewing officer.  If they ask for a DNA test for your daughter, you can get one and it will either confirm that you are the biological father or not.  If you are the bio father, she can get a US passport for her to travel to the US with her mother.  If you are not, they should allow the current visa process to go forward without too much delay.  Sometimes errors are made and people with rights to US citizenship get US visas to enter the country.  In my personal situation, I was born and raised in Canada and did not know that I was also a US citizen through my mom until much later in life.  I was issued an F-1 student visa to do my bachelor's degree at an American university for four years, which was an error that someone missed in reviewing my case.  It was when I was applying for grad programs in the US at age 30 and inquired about a new F-1 visa, it was denied because I was born a US citizen through my mom, so I got a US citizenship certificate and a US passport at that time.  Your case is somewhat different, but I just wanted to point out that sometimes US visas are approved and used to enter the US when US citizenship issues are not crystal clear.  Good luck in your journey whatever happens!

Borders are closed 

[pushbrk 12,975]

17 hours ago, HRQX said:

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."

Just going to second this. I highly doubt an IR2 visa will be issued to this child.  Be prepared for a denial and a new CRBA.  Realistically, to save time, just get the DNA tests done and have the CRBA form complete when you go to the interview.

[pushbrk 12,975]

4 hours ago, NavyJim said:

There is a good chance I am not. but no fraud was intended, we were heavily dating at the time so one could reason that I am. She lived w/ me during pregnancy (2012) and after At the birth of the child I accepted parental aknowledgment and we married 4 months after birth, and at that time when registering the marriage, it was Office of the registrar who suggested to legitimize the child, which we did.  We been married ever since w/ me in the role of child's father every step. She's now 8yo.

Then get the DNA tests to show you are NOT the biological father.  Wife can take those to the interview to assure a visa is issued as if a step child.  I understand why you would not want to child to know about all of this.  Perhaps you can avoid her knowing.  Consular Officers will understand you want to avoid a conversation about it in front of the child and will likely accommodate that desire.  Just ask your wife to go up to the interview window without the daughter.  She can show the DNA test and explain everything.  If they need to ask the daughter any questions, she can come up later.  They would NOT need to ask her any questions about her genetic connection to you.

 

If the DNA test shows you ARE the biological father, you'll need a CRBA, not a visa for her.

 

If you ARE able to attend the interview, go up to the window with your wife, if possible.

Edited January 17, 2021 by pushbrk

[Cyberfx1024 7,980]

19 hours ago, NavyJim said:

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.  

The absolute worst than can happen is that they deny the IR2 because of the assumption will be that you are the biological father. So you will be told go through the CRBA process with the DNA test

[NavyJim 9]

17 hours ago, Cyberfx1024 said:

The absolute worst than can happen is that they deny the IR2 because of the assumption will be that you are the biological father. So you will be told go through the CRBA process with the DNA test

Thanks Cyber, And if the DNA shows that I am Not the Bio Father, will we be able to proceed with processing of the current IR-2 petition? 

[NavyJim 9]

17 hours ago, Cyberfx1024 said:

The absolute worst than can happen is that they deny the IR2 because of the assumption will be that you are the biological father. So you will be told go through the CRBA process with the DNA test

 

17 minutes ago, NavyJim said:

Thanks Cyber, And if the DNA shows that I am Not the Bio Father, will we be able to proceed with processing of the current IR-2 petition? 

Hello Again Cyberfx. My 2nd concern is how they will treat the fact that I am listed on the Birth Cert, and the child was officially legitimated using my name by virtue of marriage. With DNA supporting that I am not the bio father, will they somehow perceive that as fraud?   And last, what if the CO comes right out and asks my wife if I am the bio father? How would she answer, not knowing what the CO is trying to verify? In other words,  IF my wife says yes, I am the bio father, then the CO will certainly require DNA for CRBA, on the other hand, if she says no, then the CO could quite possibly go w/ that. ???   Thank you for the help I truly appreciate it.

[Boiler 45,663]

Your wife should tell the truth, in this case it seems she does not know.

 

 

[NavyJim 9]

19 minutes ago, NavyJim said:

 

Hello Again Cyberfx. My 2nd concern is how they will treat the fact that I am listed on the Birth Cert, and the child was officially legitimated using my name by virtue of marriage. With DNA supporting that I am not the bio father, will they somehow perceive that as fraud?   And last, what if the CO comes right out and asks my wife if I am the bio father? How would she answer, not knowing what the CO is trying to verify? In other words,  IF my wife says yes, I am the bio father, then the CO will certainly require DNA for CRBA, on the other hand, if she says no, then the CO could quite possibly go w/ that. ???   Thank you for the help I truly appreciate it.

 

5 minutes ago, Boiler said:

Your wife should tell the truth, in this case it seems she does not know.

 

 

I see, however, if she answered "I don't know", will that not raise question about the Philippine  "Legitimation"  of the child, by the registrars office? 

[Boiler 45,663]

Not familiar with the legalities there, you would need to ask a Family Lawyer.

[Cyberfx1024 7,980]

2 hours ago, NavyJim said:

Thanks Cyber, And if the DNA shows that I am Not the Bio Father, will we be able to proceed with processing of the current IR-2 petition? 

Yes. There would be no issue at all in regards to continuing the IR2. 

 

You are really overthinking things sir. Just have her be honest and say that she doesn't know who the bio father is but that you are the father she knows 

[pushbrk 12,975]

2 hours ago, NavyJim said:

 

I see, however, if she answered "I don't know", will that not raise question about the Philippine  "Legitimation"  of the child, by the registrars office? 

We're going in circles.  First, get the results of the DNA test ASAP.  If you are not the biological father, then the IR2 process can go forward.  If she tells the truth, there is no fraud.  If you ARE the biological father, then the IR2 process cannot go forward, so you take the CRBA paperwork with you to the interview appointment.

 

About this "I don't know" issue.  Before the interview, you both should KNOW if YOU are the biological father or not.  If you are NOT, the WHO IS, doesn't really matter but if you are NOT the father, she probably DOES KNOW who is.  The name probably isn't important but a truthful answer about WHO as in "former boyfriend" etc. is in order.  If YOU know you are probably NOT the biological father, then you probably already know the story that goes with it.  As long as the story doesn't indicate she was involved in prostitution, then it's really not an issue.  Consular Officers are not the moral police.

[pushbrk 12,975]

18 minutes ago, Cyberfx1024 said:

Yes. There would be no issue at all in regards to continuing the IR2. 

 

You are really overthinking things sir. Just have her be honest and say that she doesn't know who the bio father is but that you are the father she knows 

If his wife really doesn't know who the father of her child is, that's a big problem.