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

[aaron2020 11,651]

Just now, ra0010 said:

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: .........

Denial.

[Boiler 45,664]

DS 160 asks about the Father and clearly the OP is not the Father.

[EDreNYC 3]

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.  

It's a try, to another users point. The burden will be on the consulate officer to approve deny or call me into the office to question me. The DS160 clearly asks for names as listed on the child's passport. The family portion is asking for a biological info, and it has a don't know option which is truthful in my case. That takes the whole "wilful misrepresentation" off my plate.

[Boiler 45,664]

And pretty sure there is nothing that relates to Voluntary Recognition. Now Aunt and Uncle is asked for.

[aaron2020 11,651]

The truth will not set you free.  That's not how laws work.

 

This is a muddy situation that needs to be corrected and there is only one way to do that - - - fix the birth certificate so that the OP is no longer listed as the birth father.

[Rocio0010 5,579]

1 minute ago, EDreNYC said:

That takes the whole "wilful misrepresentation"

No, it doesn't. If you list yourself as the father and present that BC where you are listed as the father, that's willful misrepresentation.

[aaron2020 11,651]

5 minutes ago, EDreNYC said:

It's a try, to another users point. The burden will be on the consulate officer to approve deny or call me into the office to question me. The DS160 clearly asks for names as listed on the child's passport. The family portion is asking for a biological info, and it has a don't know option which is truthful in my case. That takes the whole "wilful misrepresentation" off my plate.

Off your plate in your opinion.  Not according to the law.  

 

This situation is not DIY.

 

There is a reason no attorney will touch this.

You've dug yourself a hole because you were ignorant of US immigration laws.  Don't dig yourself a bigger hole by thinking you understand enough to navigate this and file a DS-160 with willful misrepresentation.  You are not qualify to legally assess this situation. 

As blunt as I can be trying to help you.  I'm out.  Be careful and don't dig yourself a bigger hole unknowingly.

Edited December 1, 2021 by aaron2020

[EDreNYC 3]

1 minute ago, ra0010 said:

No, it doesn't. If you list yourself as the father and present that BC where you are listed as the father, that's willful misrepresentation.

How? The BC was issued under Ecuadorian law, nothing to do with US definition. Again I would not be listing myself as the father. DS160 clearly has the family section and asks for biological father info, it also has a big fat checkbox for a don't know option. Again the surname and family section are independent of each other on the DS160. 

[Rocio0010 5,579]

2 minutes ago, EDreNYC said:

How? The BC was issued under Ecuadorian law, nothing to do with US definition. Again I would not be listing myself as the father. DS160 clearly has the family section and asks for biological father info, it also has a big fat checkbox for a don't know option. Again the surname and family section are independent of each other on the DS160. 

But do you realize that they would have to present the BC to the consulate, right?

[EDreNYC 3]

7 minutes ago, aaron2020 said:

The truth will not set you free.  That's not how laws work.

 

This is a muddy situation that needs to be corrected and there is only one way to do that - - - fix the birth certificate so that the OP is no longer listed as the birth father.

I can't stress this enough, a correction on the BC is impossible for two reasons.

 

1. A child can't be in limbo under Ecuadorian rule, unless the biological father steps up its impossible to have my voluntary recognition removed. 

 

2. Even if the biological father steps up, it doesn't guarantee a reversal of my voluntary recognition. As the courts might deem this as not in the "best interest of the child"

[Boiler 45,664]

Just now, ra0010 said:

But do you realize that they would have to present the BC to the consulate, right?

Never heard of that.

[aaron2020 11,651]

1 minute ago, EDreNYC said:

I can't stress this enough, a correction on the BC is impossible for two reasons.

 

1. A child can't be in limbo under Ecuadorian rule, unless the biological father steps up its impossible to have my voluntary recognition removed. 

 

2. Even if the biological father steps up, it doesn't guarantee a reversal of my voluntary recognition. As the courts might deem this as not in the "best interest of the child"

Then the pooch is screwed.  

[Rocio0010 5,579]

1 minute ago, Boiler said:

Never heard of that.

So then what would be the issue, if the BC is not to be presented to the consulate? This is confusing.

[aaron2020 11,651]

How on earth would expect the US Embassy/Consulate to approve anything where the applicant's paperwork is full of inconsistency and lies?

 

Most likely, the child will need the father's consent to get a passport.  Father unknown on DS-160.  Father named on BC.  Oh, he's also a US citizen.  She's kinda sorta maybe maybe not the child of a US citizen.  You don't think the US Consulate will want to know about the father?  Especially when the child is seeking a visa?  

No CO in their right mind is going to issue a visa for that child.  

Edited December 1, 2021 by aaron2020

[aaron2020 11,651]

Blindly filing a DS-160 and hoping the truth will set you free at the interview will not work.

This is just digging a deeper hole for the child and the OP.