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

[SusieQQQ 11,586]

4 hours ago, Africa@321 said:

One has still not been created but for school registration and hospital visit my mother was always listed as the parent.

Oh boy.  You’re going to face an uphill battle, with not having listed the child on your application- unfortunately saying yoir husband filled it in will not be an excuse for uscis - and not having a birth certificate and someone else being named as parents in what records do exist. You definitely need a lawyer. You may be able to somehow find a way through dna testing to prove it but also you should prepare for the possibility that you may have to return to your home country if you want to reunite with your child.  Good luck.

[SusieQQQ 11,586]

i do think the posts about revoking citizenship are somewhat scare mongering. If you read about actual cases where this has been done, first they are few and far between because it is a big process, and second they are misreps that would have led to the people being ineligible for a green card in the first place (fake marriage, hiding criminal records, changing name to hide previous bars etc). Listing or not listing a child would not affect OP’s fundamental eligibility for a green card. So I think all this is a red herring, I do however think getting the child to the US is going to prove very difficult. 

[nastra30 2,287]

Op, basically you have no documents proving your child is your child? Not listing them on your original application is difficult enough but no documents proving relationship is damaging. Not a DYI at this point. You need a lawyer.

[Mike E 11,739]

Definitely pay for a one hour consultation with a lawyer. But with all of problems this case has, given your child is age 17, I think you’ve run out of time for your child to immigrate  on either a child of an LPR or child of US citizen categories.  
 

In hindsight, you should have naturalized when you could, logged 5 years of physical presence in the USA, and then returned to the country where your child lives to resume physical custody. Then filed N-600K to bring your child in as a US citizen.  

Edited May 25, 2022 by Mike E

[Crazy Cat 41,894]

4 hours ago, AnnaCa said:

That way you can't lose your status at least.

Not true. 

[Redro 4,611]

6 hours ago, Africa@321 said:

One has still not been created but for school registration and hospital visit my mother was always listed as the parent.

Do you have any proof the child is yours? 

Or if anyone looked at the evidence would they assume you are a person trying to petition their sibling as their child. 

Think hard about why you want to petition your 17 year old child... why would you want to bring them over to the US if you barely have a relationship with them? 

[SusieQQQ 11,586]

29 minutes ago, ROK2USA said:

Do you have any proof the child is yours? 

Or if anyone looked at the evidence would they assume you are a person trying to petition their sibling as their child. 

Think hard about why you want to petition your 17 year old child... why would you want to bring them over to the US if you barely have a relationship with them? 

Yeah, the only way she’s going to be able to prove it is via DNA. But given what is in existing documentation, it’s going to be a long and uncertain process to even get to the point where USCIS would request a DNA test to verify the relationship. 

[Pinkrlion 2,724]

2 hours ago, SusieQQQ said:

Yeah, the only way she’s going to be able to prove it is via DNA. But given what is in existing documentation, it’s going to be a long and uncertain process to even get to the point where USCIS would request a DNA test to verify the relationship. 

DNA would only prove biological status.  USCIS/Consulate will question her role as a parent.  OP has to prove that she provided care and acted as parent although she was living in US and apart from child.  If she has not performed the duties of being a parent, they will deny immigration.  It will be a challenge to prove that if all of child's records are in someone's name as the parent, and no proof of birth recorded.  Did OP send money, call child, oversee medical needs, select school to attend, etc...

[Corey911 37]

Also why blame it on the ex-husband?

 

[Mike E 11,739]

1 hour ago, Corey911 said:

Also why blame it on the ex-husband?

 

Indeed. OP did not sign I-130, and OP  would have had the opportunity to correct this at the interview if not the DS-260. 

[Letspaintcookies 2,310]

1 hour ago, Corey911 said:

Also why blame it on the ex-husband?

 

 

47 minutes ago, Mike E said:

Indeed. OP did not sign I-130, and OP  would have had the opportunity to correct this at the interview if not the DS-260. 

We see that quite a bit don't we? The USC is doing the paperwork and the immigrant has barely any idea what is going on and gets told what to say and do at the interview.

Yes it should be different, yes the immigrant should be more involved but unfortunately sometimes that's how it goes.

[Adventine 3,196]

39 minutes ago, Letspaintcookies said:

 

We see that quite a bit don't we? The USC is doing the paperwork and the immigrant has barely any idea what is going on and gets told what to say and do at the interview.

Yes it should be different, yes the immigrant should be more involved but unfortunately sometimes that's how it goes.

I agree, that happens quite a bit.

 

We've also seen a few cases on this site where the USC honestly didn't know about their partner's biological children, and filled out the forms thinking they were saying the truth.

[Boiler 45,541]

I have come across this a few times where  the USC was unaware and surprise, do not know how common it is but would not surprise me if it was the tip of the iceberg.