Can my ex husband file for my daughter?

[SusieQQQ 11,586]

37 minutes ago, Annie-Davidson said:

The only thing I think of that may raise suspicions is when he was filed for before he became an lpr he was asked how many kids he had but his sister did not include her,he did not fill out his own ds260 because he cannot read.

well technically that should be an issue but we have seen similar cases here on VJ where it isn't and people successfully sponsor children not named on their DS260s.

How old is the daughter - you mentioned aging out as a potential problem?

My suggestion would be to have him file and if there ends up being any problem with the case (chances look low to me of problems but you never know) then you can file as backup.

 

 

Edited March 11, 2021 by SusieQQQ

[Annie-Davidson 0]

1 minute ago, SusieQQQ said:

well technically that should be an issue but we have seen similar cases here on VJ where it isn't and people successfully sponsor children not named on their DS260s.

How old is the daughter - you mentioned aging out as a potential problem?

My suggestion would be to have him file and if there ends up being any problem with the case (chances look low to me of problems but you never know) then you can file as backup.

 

 

She’ll be 21 on the 14th of June. Thank you so much for the advice. Do you think it’s necessary to hire a lawyer?

[SusieQQQ 11,586]

1 minute ago, Annie-Davidson said:

She’ll be 21 on the 14th of June. Thank you so much for the advice. Do you think it’s necessary to hire a lawyer?

OK best he file ASAP then. If F2A numbers retrogress (he's still on a green card right?) she may age out anyway but if stays current she would be protected.

And worst case she's old enough to spend a few years alone waiting for a visa.

I wouldn't spend money on a lawyer. Either everything will go fine or paternity will be a problem with DNA, and a lawyer can't change that.

Good luck!

[Annie-Davidson 0]

Just now, SusieQQQ said:

OK best he file ASAP then. If F2A numbers retrogress (he's still on a green card right?) she may age out anyway but if stays current she would be protected.

And worst case she's old enough to spend a few years alone waiting for a visa.

I wouldn't spend money on a lawyer. Either everything will go fine or paternity will be a problem with DNA, and a lawyer can't change that.

Good luck!

Alright thanks a lot!

[Annie-Davidson 0]

35 minutes ago, SusieQQQ said:

OK best he file ASAP then. If F2A numbers retrogress (he's still on a green card right?) she may age out anyway but if stays current she would be protected.

And worst case she's old enough to spend a few years alone waiting for a visa.

I wouldn't spend money on a lawyer. Either everything will go fine or paternity will be a problem with DNA, and a lawyer can't change that.

Good luck!

Another question,if he petitions then the require dna and then I file as a back up with the process start over entirely? Will she have to be approved again and all of that?

[Boiler 45,525]

They are separate petitions.

[Annie-Davidson 0]

1 minute ago, Boiler said:

They are separate petitions.

Alright thank you

[SusieQQQ 11,586]

1 hour ago, Annie-Davidson said:

Another question,if he petitions then the require dna and then I file as a back up with the process start over entirely? Will she have to be approved again and all of that?

Yes