Can a child born out of wedlock before naturalisation by non USC become a us citizen when his/her father naturalise?

[randy32 165]

Sorry but I have to say this to all but particularly to those from high fraud countries.

 

The immigration system has a trust factor built in it which when broken and takes a long time to rebuild.

When people keep doing things like this, you make it more difficult for first yourself and others coming behind you.

 

Once you are discovered, I bet every case from your country will have one additional fraud indicator that the CO will be looking for.

 

Lets try to give the COs less to look for and get these petitions approved faster

[iwannaplay54 985]

2 hours ago, Mike E said:

There is a case to made that this is material misrepresentation 

 

Our rough consensus of where we are with case is that

 

* I-130 is approved 

 

* DQ is done 

 

* DS-260 is filed

 

* no interview is scheduled. 
 

Thus far the petitioner and beneficiary have stated that the beneficiary has no children.  
 

Case 1: Petitioner was unaware there was no child.  Beneficiary is continues this lie until filing I-130 or N-600K for his child.    The beneficiary by failing to disclose to the USA government earlier has failed to disclose a fundamental aspect of how genuine or not the relationship with his wife is. This is a material misrepresentation.  
 

Case 2: Petitioner  was aware there was a child.  Beneficiary continues this lie until N600-K or I-130. The N-400 process requires evidence of good moral character including providing legally required child support.  By failing to disclose the child in the N-400 application or the N-400 interview, the beneficiary has prevented USCIS from examining whether the beneficiary provided legally required child support.  This is material misrepresentation.  
 

Case 3: like case 1, but beneficiary discloses child at the visa interview. Maybe not material misrepresentation, but there is a strong case to be made that  marriage isn’t genuine. I means cases have been denied because one spouse can’t name the other’s employer. A spouse doesn’t know she had a step child? Doesn’t pass the credibility test.  
 

Case 4. Like case 2 but beneficiary discloses child at the visa interview. So the beneficiary is going to claim his wife committed perjury. Doesn’t seems like a genuine marriage to me: tossing your wife under the bus like that.  So now the CO is wondering what else did she lie about.  It would not surprise me if the case is sent back to USCIS and USCIS revoked the I-130.  
 

Case 5: petitioner and beneficiary lie again and say “honest officer we were confused”.  Even if the CO buys it, it is a lie, it is not something anyone on visajourney should advocate for, and if CBP ever goes through one of their phones the second lie will come to light.  Material misrepresentation, and the green card is revoked.  

Good summary

[Rocio0010 5,579]

5 hours ago, Mike E said:

There is a case to made that this is material misrepresentation 

 

Our rough consensus of where we are with case is that

 

* I-130 is approved 

 

* DQ is done 

 

* DS-260 is filed

 

* no interview is scheduled. 
 

Thus far the petitioner and beneficiary have stated that the beneficiary has no children.  
 

Case 1: Petitioner was unaware there was no child.  Beneficiary is continues this lie until filing I-130 or N-600K for his child.    The beneficiary by failing to disclose to the USA government earlier has failed to disclose a fundamental aspect of how genuine or not the relationship with his wife is. This is a material misrepresentation.  
 

Case 2: Petitioner  was aware there was a child.  Beneficiary continues this lie until N600-K or I-130. The N-400 process requires evidence of good moral character including providing legally required child support.  By failing to disclose the child in the N-400 application or the N-400 interview, the beneficiary has prevented USCIS from examining whether the beneficiary provided legally required child support.  This is material misrepresentation.  
 

Case 3: like case 1, but beneficiary discloses child at the visa interview. Maybe not material misrepresentation, but there is a strong case to be made that  marriage isn’t genuine. I means cases have been denied because one spouse can’t name the other’s employer. A spouse doesn’t know she had a step child? Doesn’t pass the credibility test.  
 

Case 4. Like case 2 but beneficiary discloses child at the visa interview. So the beneficiary is going to claim his wife committed perjury. Doesn’t seems like a genuine marriage to me: tossing your wife under the bus like that.  So now the CO is wondering what else did she lie about.  It would not surprise me if the case is sent back to USCIS and USCIS revoked the I-130.  
 

Case 5: petitioner and beneficiary lie again and say “honest officer we were confused”.  Even if the CO buys it, it is a lie, it is not something anyone on visajourney should advocate for, and if CBP ever goes through one of their phones the second lie will come to light.  Material misrepresentation, and the green card is revoked.  

Thank you so so much for the detailed explanation. I really appreciate how you put the different scenarios.

[dwheels76 5,468]

Okay this is what u need to do. Before interview not during you do this. When you get your interview scheduled you immediately contact NVC to unlock your DS-260 to update. Everybody has this option after DQ. Don't do it now because it tends to knock you out of DQ line.

You then update with child's name. And also mention that you forgot to add at I-130. The child is not immigrating with you. People especially in West Africa forget or don't list children all the time for various reasons. And it doesn't create problems unless something nefarious is going on.

 

So again update your DS-260 when you get your interview scheduled. Call NVC to unlock the DS-260 and update. That updated form will be sent to embassy for your interview.