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

[PGA 253]

5 minutes ago, Jorgedig said:

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.

I would think though, if OP filed an I-130 it would get kicked back (if he meets qualifications for a CRBA) to apply for a CRBA instead which would in-turn present all sorts of complicated issues at the embassy interview. 

[Boiler 45,964]

1 minute ago, aaron2020 said:

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?

 

 

Amusingly most of the cases I remember it is the other way around.

 

I assume if he was the biological father he could pass on Citizenship, so if the Consulate for argument would issue a B but believe she is not eligible due to being a USC, then CRBA/DNA test would prove she is not.

[EDreNYC 3]

1 minute ago, aaron2020 said:

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?

 

 

Acknowledgement of paternity(AOP) exists in the US. It is completely voluntary and DNA testing is not mandatory. While consulting with attorneys, one mentioned that this is completely fine in my home state of NY. However, for USCIS there lies the problem.

[aaron2020 11,651]

1 minute ago, EDreNYC said:

Acknowledgement of paternity(AOP) exists in the US. It is completely voluntary and DNA testing is not mandatory. While consulting with attorneys, one mentioned that this is completely fine in my home state of NY. However, for USCIS there lies the problem.

For anything involving the US government where she has to present her birth certificate or list you as her father, it's a problem.  

 

For the US Government, her birth certificate includes a known lie.  Even if it is allowed under Ecuadorian laws.  

[PGA 253]

2 minutes ago, aaron2020 said:

This is why no attorney wants to touch this case.

👆 This tells you everything right here. If an attorney is refusing to take your hard-earned money then there must be a good reason.

[Boiler 45,964]

Just now, PGA said:

👆 This tells you everything right here. If an attorney is refusing to take your hard-earned money then there must be a good reason.

Most Lawyers will not get involved in Tourist Visa's, nothing much they can do and most cases where somebody wants a lawyer are likely to be refused so you have an unhappy client. Lose lose.

 

[aaron2020 11,651]

6 minutes ago, PGA said:

I would think though, if OP filed an I-130 it would get kicked back (if he meets qualifications for a CRBA) to apply for a CRBA instead which would in-turn present all sorts of complicated issues at the embassy interview. 

Filing a CRBA would be a false claim to US citizenship.

 

Filing an I-130 would be a false claim of parentage.  

 

The problem is the birth certificate contains a falsehood for US immigration/visitor visa, etc. purposes with the US Government.

[Boiler 45,964]

Loads of examples of having to go through the CRBA route, for whatever reason PI seems common. Last one I remember was where wife had cheated but USC still wanted to sponsor her and the child.

[Rocio0010 5,616]

I insist: wouldn't the wife's N400 also be an issue, given that she didn't list the stepchild?

[Boiler 45,964]

The child is her niece and no need to list niece. I do not see how the child could be described as a step child per US law. And did not the N400 precede this.

[arken 4,197]

4 minutes ago, ra0010 said:

I insist: wouldn't the wife's N400 also be an issue, given that she didn't list the stepchild?

It wouldn't be an issue since she doesn't have a stepchild (from her current husband) to list. She already got the citizenship, even if she had one that she didn't list, i doubt it would make uscis cancel her citizenship.

[Rocio0010 5,616]

1 minute ago, Boiler said:

The child is her niece and no need to list niece. I do not see how the child could be described as a step child per US law. And did not the N400 precede this.

But yet if they want to go the i-130 route, child would be listed as a stepdaughter. Presumably, if "adoption" was done in 2020, even if it was after the n400, the beneficiary would have known about this stepchild. I don't know. It's just a messy situation overall!

Just now, arken said:

i doubt it would make uscis cancel her citizenship.

I thought misrepresentation was a capital sin...

[Boiler 45,964]

1 minute ago, ra0010 said:

But yet if they want to go the i-130 route, child would be listed as a stepdaughter. Presumably, if "adoption" was done in 2020, even if it was after the n400, the beneficiary would have known about this stepchild. I don't know. It's just a messy situation overall!

I thought misrepresentation was a capital sin...

What I 130 route? Thought he said he could not adopt her.

 

She knows that she is her niece. She is not her Husbands biological child.

 

Material misrepresentation, people seem to forget about children a lot and it is not normally an issue, this is not his child.

 

 

 

 

[arken 4,197]

1 minute ago, ra0010 said:

But yet if they want to go the i-130 route, child would be listed as a stepdaughter. Presumably, if "adoption" was done in 2020, even if it was after the n400, the beneficiary would have known about this stepchild. I don't know. It's just a messy situation overall!

I thought misrepresentation was a capital sin...

There is no adoption, it's just OP added his name as father on his niece's BC to make her social life better in her country (which i do believe a good deed). Per US, she is not OP's daughter. 
 

I would assume there is a difference between not listing a step child that one doesn't know of Vs not listing heinous crimes or having another spouse on marriage based N400 process.

[Ontarkie 14,419]

All the cases on VJ that I read about a BC listing a father that was not the child's bio father have always been in the PI forum. It seems it's pretty normal there too to add someone other then the bio dad to a birth certificate. The only thing I saw that was able to fix this was correcting the BC.

 

Sadly the OP said Ecuador will not allow him to get his name off the child's BC. Nothing else can be done at this point if that is the case. He may want to get his sister-in -law to call and ask a few lawyers about this and then depending on her results he can call too. The issue I see is the statement he made when adding his name to her birth certificate. He did not just give her his name. He took on full responsibility of that child. That is why the lawyers there said he can't adopt a child that is his. He needs to be careful as it wasn't just his name and some help here and there he gave her. He is legally her father there and if someone down the road tries to pull a fast one he can be in a heap of trouble there too. Think child support, medical bills, and a bunch of other things that may come up with having MR Big Bucks USC they can squeeze.  Not saying you're loaded but to many a USC is always rich and can be used. 

Edited December 1, 2021 by Ontarkie