Bring niece to US? I'm listed as her dad on the birth certificate (local Ecuador law). Possible I130?

[EDreNYC 3]

30 minutes ago, Kor2USA said:

You were planning on taking a 5/ 6 year old to the States while the mother/ primary caregiver stayed in Ecuador? The mom wasn't planning on applying for a tourist visa. 

 

No the intention was never to have the child migrate to the states. She will be raised in Ecuador alongside her mother, me and my wife visit for 6 months out of the year. We work remotely so we are afforded that luxury, while in Ecuador we take care of the child while the mother works. The reasoning for giving the child my last name was to avoid a whole bunch of legal issues when it comes to children who were abandoned in Ecuador. 

 

30 minutes ago, Kor2USA said:

But, you didn't "adopt" right. You're claiming to be the birth father... so when was the birth certificate issued? Did they issue an amended birth certificate or was it a late registration?

Seems so messy as the child was born before 2019...Your wife could have technically known the child "was yours" (she has a stepchild in 2019) even if the birth certificate hadn't been printed yet. 

We consulted with various attorneys in Ecuador. I couldn't adopt a child who was not registered in the national registry and it would require the biological father to sign off. For legal purposes in Ecuador, lawyers recommended I just do a "voluntary recognition" of the child. 

 

 

30 minutes ago, Kor2USA said:

What was the timing and order of filing the N400, N400 interview, claiming paternity, amending/registering the birth and new birth certificate in hand? 

 

 

 

 

Wife submitted N400 January 2019, Interview and ceremony for US citizenship happened say day in August 2020. I didn't do the "voluntary recognition" of my niece in Ecuador until December of 2020. I agree this is "messy" we didn't think this out, as our intention is/was never to bring to the child to come live with us in the states.

Edited December 1, 2021 by EDreNYC

[Redro 4,611]

5 minutes ago, EDreNYC said:

No the intention was never to have the child migrate to the states. She will be raised in Ecuador alongside her mother, me and my wife visit for 6 months out of the year. We work remotely so we are afforded that luxury, while in Ecuador we take care of the child while the mother works. The reasoning for giving the child my last name was to avoid a whole bunch of legal issues when it comes to children who were abandoned in Ecuador. 

Then why are you researching I-130s? 1-130s are the first step in helping an eligible relative apply to immigrate to the United States. 

 

Edited December 1, 2021 by Kor2USA

[EDreNYC 3]

Just now, Kor2USA said:

Then why are you researching I-130s? 1-130s are the first step in helping an eligible relative apply to immigrate to the United States. 

 

Cause I consulted with immigration attorneys and was told that would be the best path. However prior to yesterday, most just did consultation and said I can DIY. Obviously that seemed off so I googled around and visa journey came up, hence I decided to post. 

[Redro 4,611]

7 minutes ago, EDreNYC said:

Cause I consulted with immigration attorneys and was told that would be the best path. However prior to yesterday, most just did consultation and said I can DIY. Obviously that seemed off so I googled around and visa journey came up, hence I decided to post. 

Well, it makes sense for them to suggest the I-130 as she is technically your daughter. 

Especially if you worded the query as "I want to bring my daughter to the USA" and not "My sister-in-law and her daughter want to visit the US".

Good luck! Hope you don't encounter too many hurdles and I hope you hire an extremely competent lawyer.

 

Edited December 1, 2021 by Kor2USA

[arken 4,197]

38 minutes ago, Kor2USA said:

Hope you don't encounter too many hurdles

Not to discourage OP but there are no easy/straight paths here. That's the reality.

[EmilyW 1,452]

I have no advice.

 

Just wanted to say to the OP that what you and your wife have tried to do is very kind, and your niece is fortunate to have people who love her and are looking out for her.

[aaron2020 11,651]

3 hours ago, EDreNYC said:

You are right, my poor choice of words didn't come off right in my original post. As for lawyers, yesterday a few agreed to take on the case. All shot down the idea of a visitor visa, most said I130 is the way to go, one even suggested my wife petition as a step child. After all the suggestions here, we will back off the idea of getting any sort of visa for the child. We will let sleeping dogs lie, although given some of these posts I wonder after the child is 18 years old would she be able to petition for a visa based on her own. Would me being listed as the father on the birth certificate come into play even well after the child is of age? 

 

PS Unfortunately, "fixing" the birth certificate is not an option. Under Ecuadorian laws a child can't be in limbo even if I'm not the biological father. The biological father abandoned the child, according to several Ecuadorian attorneys the courts most likely deem fixing the birth certificate as "not in the best interest of the child".

 

No good deed goes unpunished for sure...

Yes, you being listed as the father will impact her well after she is of age.  She will always have to declare who her father is on any visa application to the US Embassy and it will be a lie.  Every single time.  That will cause her problems if she ever wants to travel to the US.  A US citizen father on her birth certificate means she has a potential claim to US citizenship. 

[JamieCO 11]

I think the confusion is between Ecuador and US laws. Ecuador seems to allow you to list yourself as the father.  This is not recognized as a legal parenting relationship for US migration.  Please use caution and find an attorney who can discuss what immigration options might exist for your niece and great-niece that do not involve naming you as the parent.  Good luck!

[aaron2020 11,651]

1 minute ago, JamieCO said:

I think the confusion is between Ecuador and US laws. Ecuador seems to allow you to list yourself as the father.  This is not recognized as a legal parenting relationship for US migration.  Please use caution and find an attorney who can discuss what immigration options might exist for your niece and great-niece that do not involve naming you as the parent.  Good luck!

As the situation stands, there is nothing that doesn't involve disclosing her father named on her birth certificate.  No attorney can help avoid naming him as the father on a visa application or anything else with the US Government.  Any lawyer who knowingly list him as the father and knowing the truth will be fostering a misrepresentation and committing fraud.  This is why no lawyer will touch this case.  

[Rocio0010 5,579]

21 minutes ago, JamieCO said:

immigration options might exist for your niece and great-niece that do not involve naming you as the parent

That I know of, all of the applications for visa do request parent information. 

I understand that OP had the best of hearts, but this a muddy situation!

[Boiler 45,664]

Simple he wants her to be able to visit.

 

He does not want her immigrate.

 

Apply for a B visa with an explanation as to why he listed on the BC. The Consulate will be aware of local law, can not be the first time the listed father is not the father.

 

I forget the stats now but a not insignificant of people listed on US Birth Certificates are not the Fathers, now in most of those cases they do not know it.

[SalishSea 17,928]

49 minutes ago, JamieCO said:

I think the confusion is between Ecuador and US laws. Ecuador seems to allow you to list yourself as the father.  This is not recognized as a legal parenting relationship for US migration.  Please use caution and find an attorney who can discuss what immigration options might exist for your niece and great-niece that do not involve naming you as the parent.  Good luck!

How would it not be recognized as a legal parenting relationship?  This child's birth certificate is a legal document, which will be used to establish her identity and parentage for the rest of her life, including for US immigration purposes.

[Boiler 45,664]

I looked up the numbers in the US and saw a figure that up to15% of those listed on US Birth Certificates are not the biological father.

 

One of the reasons Consulates sometimes do DNA tests.

 

Does this complicate matters, absolutely, is it a show stopper for a B, do not think so.

[aaron2020 11,651]

23 minutes ago, Boiler said:

Simple he wants her to be able to visit.

 

He does not want her immigrate.

 

Apply for a B visa with an explanation as to why he listed on the BC. The Consulate will be aware of local law, can not be the first time the listed father is not the father.

 

I forget the stats now but a not insignificant of people listed on US Birth Certificates are not the Fathers, now in most of those cases they do not know it.

A.  How many of these B visa application with an explanation that the father on the birth certificate is not the actual father (which I have never heard of) involves a US citizen father?

 

 

[aaron2020 11,651]

1 minute ago, Boiler said:

I looked up the numbers in the US and saw a figure that up to15% of those listed on US Birth Certificates are not the biological father.

 

One of the reasons Consulates sometimes do DNA tests.

 

Does this complicate matters, absolutely, is it a show stopper for a B, do not think so.

It is a show stopper.  Her birth certificate lists a US citizen father.  How is she going to get a visa with a potential claim to US citizenship.

 

This is not a case of handwaving.   

This is why no attorney wants to touch this case.