Did not list child on i-130 form can I now petition for them

[Africa@321 0]

I came to the US by marriage to USC with I-130 petition and did not list my child as they were not migrating with me at that moment. I am now a green card holder and have been so for the last 6 years. I have talked to a few people and they told me that I can now not petition for my child because I did not list them on the I-130 form. Now I am worried and was hoping I could get some other advice from people on this forum. Thanks for any info.

[SusieQQQ 11,587]

As far as I understand, the key form to have listed them on was the DS260. Do you remember if you did this?

Some people have been able to petition children not included on their oroginal documents,  but I guess you can expect to undergo a long process of why, proving the child is yours etc. how old is your child?

[Africa@321 0]

Thanks for quick response. My husband handled all the paper work and did not list my child. My child is now 17 years old.

[SusieQQQ 11,587]

Not sure why your husband didn’t follow the very clear instructions to list all children regardless of age or whether they were immigrating with you on the DS260. Well, all you can do is try. The best bet would usually be for your husband to sponsor your under 21 kid as a stepson - it’s a much faster process than child of LPR. Hm, you should probably get some legal advice on this actually. Hopefully uscis doesn’t decide to raise it as a material misrepresentation issue.

[Africa@321 0]

My husband and I recently separated can he still petition for my child or do I have to do it?

[nastra30 2,309]

35 minutes ago, Africa@321 said:

My husband and I recently separated can he still petition for my child or do I have to do it?

Divorced or separated?

[Africa@321 0]

Divorced.

[SalishSea 18,000]

30 minutes ago, Africa@321 said:

Divorced.

Then no.

 

And if you want to petition him, prepare for a long administrative processing as the USCIS/DOS look into the misrep on your original documents.

[Timona 4,208]

Was your husband aware of this child when he initially petioned for you? Or did he ever interact or meet with child?

 

Which year did you obtain residency and when did you divorce? That timeframe, matters.

Edited May 25, 2022 by Timona

[Africa@321 0]

10 minutes ago, Jorgedig said:

Then no.

 

And if you want to petition him, prepare for a long administrative processing as the USCIS/DOS look into the misrep on your original documents.

Then I think I will need a lawyer.

[Africa@321 0]

5 minutes ago, Timona said:

Was your husband aware of this child when he initially petioned for you? Or did he ever interact or meet with child?

 

Which year did you obtain residency and when did you divorce? That timeframe, matters.

Yes he was aware but since my child was not migrating with me he did not at them.
Obtained residency 6 years ago and divorced a 1 and half ago.

[Timona 4,208]

12 minutes ago, Africa@321 said:

Yes he was aware but since my child was not migrating with me he did not at them.
Obtained residency 6 years ago and divorced a 1 and half ago.

 

All kids should have been listed, whether or not they were migrating. This is well expressed in the form.

 

Not sure what a lawyer can do to help argue this to your favor, but you can try. 

 

Other questions that IO will be interested in is why you waited after divorce to file for your child and not during the 4.5 years when you guys were married. I know you said he was aware, but anything not in B & W can be argued/ disputed. 

 

To edit, if he was aware of the kid, then you can try and gather evidence eg FaceTimes, picture of him with child during trips to your country, $$ remittance, gifts etc and try and use them to your favor with your lawyer. I said "try."

 

Just don't fabricate or photoshop to create something that's not there. USCIS/ Consulate is well aware of all these tricks. 

 

Best of luck 🍀

 

Edited May 25, 2022 by Timona

[Africa@321 0]

5 minutes ago, Timona said:

 

All kids should have been listed, whether or not they were migrating. This is well expressed in the form.

 

Not sure what a lawyer can do to help argue this to your favor, but you can try. 

 

Other questions that IO will be interested in is why you waited after divorce to file for your child and not during the 4.5 years when you guys were married. I know you said he was aware, but anything not in B & W can be argued/ disputed. 

 

Best of luck 🍀

 

Unfortunately I had my child as a teen and my mother raised my child and it did not feel right to separate them at the time. Now that my child is older and has a better understanding of our family dynamics we will like to be with each other. Thank you for your input.

[Timona 4,208]

2 minutes ago, Africa@321 said:

Unfortunately I had my child as a teen and my mother raised my child and it did not feel right to separate them at the time. Now that my child is older and has a better understanding of our family dynamics we will like to be with each other. Thank you for your input.

 

Who's listed on the child's birth certificate as parent?

[Africa@321 0]

3 minutes ago, Timona said:

 

Who's listed on the child's birth certificate as parent?

We grew up in a rural area and a birth certificate was never created.