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

[Crazy Cat 41,981]

2 minutes ago, JonInCA said:

My answers are simply based on my limited investigation of stepchild name change and adoption. My wife and I have completed the process for a US court ordered name change where the biological father is absent and presumably in another country, as is apparently the case in the thread. Based on the legal standards I've seen for a stepchild adoption, some involvement of an attorney in the country of birth is the was to go to prove the abandonment by the biological father. This case is of course different because there is no marriage to the mother, but according to the OP, that's not an issue in Ecuadorean law.

This is all irrelevant to the OP's case.  

[aaron2020 11,651]

7 minutes ago, JonInCA said:

My answers are simply based on my limited investigation of stepchild name change and adoption. My wife and I have completed the process for a US court ordered name change where the biological father is absent and presumably in another country, as is apparently the case in the thread. Based on the legal standards I've seen for a stepchild adoption, some involvement of an attorney in the country of birth is the was to go to prove the abandonment by the biological father. This case is of course different because there is no marriage to the mother, but according to the OP, that's not an issue in Ecuadorean law.

You are comparing adopting your wife's child to the OP listing himself as the birth father on his niece's birth certificate?

 

While your intention to help is good, you are causing harm by providing wishful thinking with nothing concrete in facts and US immigration laws.  You don't know of what you speak and it's not helping.  

[arken 4,197]

46 minutes ago, Boiler said:

Where would we be if reading the whole thread was mandatory?

No more than page 2.

[EDreNYC 3]

Seems like I got my rights back to post on the thread. While applying for a visitors visa, would there be any issue if I present myself along with the child or would the mother need to be present? I guess my concern would be that a consular officer would view the mother trying to enter the US as possible grounds to deny the child a visitors visa. 

[aaron2020 11,651]

7 minutes ago, EDreNYC said:

Seems like I got my rights back to post on the thread. While applying for a visitors visa, would there be any issue if I present myself along with the child or would the mother need to be present? I guess my concern would be that a consular officer would view the mother trying to enter the US as possible grounds to deny the child a visitors visa. 

The issue would be listing you as her father on the DS-160.  That's a willful misrepresentation of a material fact to list you as the father when you know you are in fact not the father.  

You shouldn't be concern with the mother being there.

 

You should be concern with the CO charging you with fraud for submitting information that is knowingly false to obtain a visa. 

Edited December 1, 2021 by aaron2020

[arken 4,197]

20 minutes ago, JonInCA said:

This case is of course different because there is no marriage to the mother

The mother of the child whose father is OP (only in Ecuador) is OP's sister if it clears any of your assessment.

[Crazy Cat 41,981]

1 minute ago, aaron2020 said:

The issue would be listing you as her father on the DS-160.  That's a willful misrepresentation of a material fact to list you as the father when you know you are in fact not the father.  

Yep.  The OP is NOT the birth father.......

[Rocio0010 5,579]

4 minutes ago, EDreNYC said:

f I present myself along with the child or would the mother need to be present

It would be willful misrepresentation if you listed yourself as the father

[EDreNYC 3]

7 minutes ago, aaron2020 said:

The issue would be listing you as her father on the DS-160.  That's a willful misrepresentation of a material fact to list you as the father when you know you are in fact not the father.  

If I read the guidelines correctly 

 

B. Willful Misrepresentation

Inadmissibility based on willful misrepresentation requires a finding that a person willfully misrepresented a material fact. ^[2] For a person to be inadmissible, the officer must find all of the following elements: 

• The person procured, or sought to procure, a benefit under U.S. immigration laws;

• The person made a false representation; 

• The false representation was willfully made; 

• The false representation was material; and

• The false representation was made to a U.S. government official, generally an immigration or consular officer. ^[3] 

^{In my case obviously I would make it clear to the consular officer that I'm not the biological father. There is no possible way the Ecuador consulate doesn't know about voluntary recognition in Ecuador. I guess my next step would be to just call the consulate and ask for guidance. As this process is muddy and no lawyer wants to help on a tourist visa. The 4-5 lawyers that are willing to help want to go the i130 route..}

[aaron2020 11,651]

5 minutes ago, EDreNYC said:

If I read the guidelines correctly 

 

B. Willful Misrepresentation

Inadmissibility based on willful misrepresentation requires a finding that a person willfully misrepresented a material fact. ^[2] For a person to be inadmissible, the officer must find all of the following elements: 

• The person procured, or sought to procure, a benefit under U.S. immigration laws;

• The person made a false representation; 

• The false representation was willfully made; 

• The false representation was material; and

• The false representation was made to a U.S. government official, generally an immigration or consular officer. ^[3] 

^{In my case obviously I would make it clear to the consular officer that I'm not the biological father. There is no possible way the Ecuador consulate doesn't know about voluntary recognition in Ecuador. I guess my next step would be to just call the consulate and ask for guidance. As this process is muddy and no lawyer wants to help on a tourist visa. The 4-5 lawyers that are willing to help want to go the i130 route..}

How would you fill out the section on her father for the DS-160?

Listing yourself as the father on the DS-160 would be a willful misrepresentation.  The DS-160 is submitted under perjury of law.  Once done, that bell can't be unrung at the interview by admitting the truth.  

 

The Consulate is not going to give you legal advice.  Not their job.

Edited December 1, 2021 by aaron2020

[Rocio0010 5,579]

8 minutes ago, EDreNYC said:

There is no possible way the Ecuador consulate doesn't know about voluntary recognition in Ecuador.

But the Consulate does not go by the laws in Ecuador. The Consulate is part of the US federal government, so them knowing about the voluntary recognition is not going to make a difference.

In some countries in Africa where there is a US Consulate, polygamy is allowed and I'm sure the consulates know about this. But yet they do not allow you to marry a USC if you're already married.

[EDreNYC 3]

1 minute ago, aaron2020 said:

How would you fill out the section on her father for the DS-260?

Listing yourself as the father on the DS-260 would be a willful misrepresentation.  The DS-160 is submitted under perjury of law.  Once done, that bell can't be unrung at the interview by admitting the truth.  

I see a don't know option when asking for biological father info. Ok, at this point then the child would just have to go into the consulate with the mother and she would have to explain. 

[aaron2020 11,651]

3 minutes ago, EDreNYC said:

I see a don't know option when asking for biological father info. Ok, at this point then the child would just have to go into the consulate with the mother and she would have to explain. 

My US citizen uncle listed himself as my father on my birth certificate but he's not my biological father.  Can I get a tourist visa?

That's not gonna go well.  

 

Understand that I am trying to help you.

 

The only fix is to fix her birth certificate.  

Edited December 1, 2021 by aaron2020

[Rocio0010 5,579]

Just now, aaron2020 said:

My US citizen uncle listed himself as my father on my birth certificate but he's not my biological father.  Can I get a tourist visa?

That's not gonna go well.  

Officer: "And how was that possible?"

Family: "Because we did voluntary recognition, I'm sure you know and accept that because you are in Ecuador".

Officer: .........

[Crazy Cat 41,981]

Let me throw this out there.  Having the OP's name on the birth certificate could actually trigger a denial of a B visa for the child since getting a B visa could be seen as a way to usurp immigration law.   I think I would strongly consider correcting the BC if the OP's name is there..

Edited December 1, 2021 by Crazy Cat