Children of K-1 Visa applicant

[abstractfallacy 1]

My fiancé has two children (11 & 8) with different fathers. She says they are not on the birth certificates and rarely ever see the girls. The girls have her surname. She says on the birth certificates she listed fake names for the fathers. I am under the impression that the fathers will have to give permission for the girls to come to the United States but she says that is not so. I am also concerned about the fake names on the birth certificates. It has been five months since our K-1 a visa application was received by USCIS so I expect a response soon and I want to be prepared for what is next. Thanks for responding. 

[Just Paul 4,595]

I am not sure how the "fake" fathers will be able to give permission for them to leave their country.  My advice is to have her start by correcting the birth certificates.  That should have been done before you filed the the I-129F.  Did you provide copies of the birth certificates with the I-129F?  If so you have also provided false information,

[abstractfallacy 1]

The K-1 Visa did not ask for information about the fathers. It asks if the children live with the beneficiary to which I replied yes. I submitted everything required by the instructions and birth certificates were not listed as a requirement and I only recently found out this information about the fake fathers and it has me very concerned. Last year she told me she didn't list the fathers, so I assumed the father section was left blank because my own daughter here did this on her child's birth certificate. My granddaughter has no father listed on hers, so I assumed this was a possibility. Then a few days ago when I tell her to collect certain information, including birth certificates, in preparation for the interview, she tells me she listed fake names and assures me that she has researched this herself and it will not affect anything because "she has full custody of her children." I told her I am skeptical of that because I'm afraid immigration will not accept that. 

[Boiler 45,294]

How did a Court give her full custody and allow the fake names to continue?

[Adventine 3,195]

Apart from the anticipated problems with immigration, you should seriously reconsider if you want to continue a relationship with someone who lied to you about something so important. First she told you she didn't list the fathers, and now that you need the birth certificates, she changed the story and said there are fathers on the BCs, but their names are fake. Sounds like BS to me.

 

You'll need to ask yourself what else else she might not be honest about.

 

 

 

 

 

 

[Mike E 11,739]

50 minutes ago, Adventine said:

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You'll need to ask yourself what else else she might not be honest about.

I would be asking her if she ever applied for a visa before to the USA. 

Edited December 2, 2021 by Mike E

[arken 4,197]

Not a good relationship to be in with fake after fake excuses to begin with. You should also look into the possibility that those father names on BC could in fact be real and existing and she could still be in relationship with one even if not married. A future divorce with you seems very likely.

[JonInCA 12]

You should check the laws in her country to see how it is even possible to have a fake name on a BC. Didn't the father have to sign something? My wife says that for example in the Philippines they need to provide the father's BC as well to put his name on the child's BC.

 

I would recommend against proceeding unless she gets correct BCs, because all it takes is one question during the embassy interview or subsequent interviews after she arrives in the US for everything you have done up to that point to unravel. The whole immigration process is based on the discretion of the official making a decision at each step. Even if you trust your fiance, government officials will not.

[Coco8 1,042]

Yes, I think it's better to talk to a lawyer in her country. This is a country specific issue. They need to figure out what to do and she should get some paper from a court or from the fathers (done at a lawyer or something official) that she has sole custody.

 

One potential problem is that on forms you have to list the name of father and mother. So she couldn't possibly list the father name since it's false. But by doing that, it would be different from the birth certificate.

 

 

 

 

[aaron2020 11,651]

What country is she from?

 

Correct the birth certificates.  NEVER EVER GIVE THE US GOVERNMENT legal documents with known lies.  This will bite you in the ###.

 

In her country, paperwork and lying to the government may be common, but there are severe consequences in lying to the US government when it involves an immigration benefit.  You should clue her in on this part of American life.  

[mam521 2,023]

Those children will never be permitted to enter the US with immigrant intent unless your fiancé has either court documents stating she has full custody or a letter notarized by a lawyer from the children's fathers stating he understands and approves the child leaving the home country permanently to immigrate to the United States.  Child custody and parental rights are not taken lightly by USCIS.  With all of this "fakeness", I wouldn't be at all surprised if USCIS demanded both the court order AND the notarized permission letter.  

 

Honestly, I'd be rethinking this whole scenario for the reasons others have listed above.  That's a whole lot of dishonesty from your partner.  What else is she telling partial truths about and what implications are those partial truths going to have on your future?  Are you her and her daughters' meal ticket to the US?  

[Maki&Kiki 123]

I doubt those names are fake. Why did she lie in first place about having no baby daddies on bc? What can she gain from that? And does she mean fake as in she made-up names or she let some friends sign or what? I don’t think you can just put somebody ‘fake’ on birth certificate without their consent and signature. Unless maybe they were married at time.. Talk to her and try to explain her that she needs to be honest. This complicates things, as explained on comment above mine ^.

[Almostthere08 16]

7 hours ago, mam521 said:

Those children will never be permitted to enter the US with immigrant intent unless your fiancé has either court documents stating she has full custody or a letter notarized by a lawyer from the children's fathers stating he understands and approves the child leaving the home country permanently to immigrate to the United States.  Child custody and parental rights are not taken lightly by USCIS.  With all of this "fakeness", I wouldn't be at all surprised if USCIS demanded both the court order AND the notarized permission letter.  

 

Honestly, I'd be rethinking this whole scenario for the reasons others have listed above.  That's a whole lot of dishonesty from your partner.  What else is she telling partial truths about and what implications are those partial truths going to have on your future?  Are you her and her daughters' meal ticket to the US?  

While I agree with pretty much everything you’ve said my K2’s are here and we didn’t have any documents from their mother giving permission. Not even a hand written letter. My husband has always had full physical custody of the children but nothing ever legalized. They weren’t given a DNA test or anything. They just asked if their mother is aware they were moving and that was it. We are going to get something official just in case it comes up later though. I think it’s just at the discretion off the officer. 

[abstractfallacy 1]

My browser is garbage apparently and won't let me respond to individual posts but to answer most of these responses, I don't believe she ever lied to me. She told me from the beginning that the children's fathers were not on the birth certificates. The girls (11 and 7) have two different fathers also. It was just recently that she mentioned she put fake fictional names on them just to fill the spaces. I told her I believe this will cause a HUGE problem, but she explained that they do this all the time in Ukraine (She's Ukranian btw) and everyone there understands this. I have known her for a year and a half and I have spent 40 days with her this year on four trips to Europe. I have no reason to suspect that she is being disingenuous with me but I'm sure smarter men have been fooled by women. 

 

Aaron2020- I told her the US isn't like Ukraine and they will not accept this. 

 

Mike E- She applied for a tourist visa 15 years ago and was denied because of her low English ability at the time.

 

 

[Boiler 45,294]

You travel internationally, you must see plenty of people visiting the US with low or no English ability.