How to include a child not on the original I-129F

[JeanneAdil 6,400]

38 minutes ago, Boiler said:

I think I have come across this elsewhere, Grandparents being registered as the Parents for various sociall reasons. I find it hard to believe the local community would not spot the issue.

 

I am sort of assuming that what we see on VJ is not a country norm, never been to the Phillipines.

 

It is of course equally common for children to be left behind in the care af other family members.

 

I am not sure how DNA test would work with such close family, does anybdy else?

 

Sorting out the legalities would seem to be the first step.

When we consider the DNA that we inherit from our ancestors the only quantity that we can be certain of is that we receive half of our autosomal DNA from each parent. This is delivered to us in the form of the 22 segments (i.e. chromosomes) provided by our mothers in the ova and the 22 segments/chromosomes provided by our fathers in the sperm cell. Beyond parent-child relationships we tend to talk about averages. For instance, we receive an average of one quarter of our DNA from each of our four grandparents and an average of one-eighth of our DNA from each of our eight great-grandparents etc.

These figures vary because our parents didn’t necessarily pass on to us equal portions of the DNA that they received from their parents. The level of variation is driven by the number (and location) of crossover events that occur when the ova and the sperm cells are created.

 

So the child would have 25% or less of the DNA if the person on birth certificate is grandmother

and 50% or slightly less DNA if the person is the son of the K1 visa holder

[Ontarkie 14,143]

5 hours ago, Mike E said:

This is beyond DIY.  
 

Not listing the child on I-129F was a mistake from which I’ve never seen a recovery. 
 

One of two things are true:

 

* The petitioner knowingly did not include the child on the I-129F.  This is perjury.  
 

* The petitioner did not know.  That the alien beneficiary failed to disclose a critical personal detail calls into question as to how bonafide this relationship is.  
 

Even assuming either situation as it applies can be overcome, the birth certificate needs to show the I-129F beneficiary as the parent on the birth certificate.  If it is possible to do so, then:

 

* The birth certificate will be a late registration birth certificate which gets extra scrutiny.  The parent will have to show evidence of a relationship and perhaps even DNA evidence. 
 

* If it is possible to do so now, then the US government will want to know why it wasn’t possible to do so before.  Your timeline shows Philippines.  I’ve seen dozens of. It hundreds of posts involving an unwed Filipina with children whose births were successfully registered with her as the mother. Bluntly this has no credibility. 
 

Now if the beneficiary can point to a written law that says as an unwed parent the son’s birth certificate had to show marred parents, then a skilled attorney might be able to overcome everything I’ve brought up.  

You have not been here long enough. This comes up all the time since I've been a member. Not once has it ever been an issue even years later when the child gets petitioned. 

 

They do need to correct the birth certificate or there is no going forward 

 

[Timona 4,196]

@JeanneAdil has opened a biochemistry class. We need to all register. 

 

Hahahah that was a light joke. 

[SalishSea 17,509]

4 hours ago, Boiler said:

I think I have come across this elsewhere, Grandparents being registered as the Parents for various sociall reasons. I find it hard to believe the local community would not spot the issue.

 

I am sort of assuming that what we see on VJ is not a country norm, never been to the Phillipines.

 

It is of course equally common for children to be left behind in the care af other family members.

 

I am not sure how DNA test would work with such close family, does anybdy else?

 

Sorting out the legalities would seem to be the first step.

Current DNA testing can easily differentiate between a parent (~ 50% shared DNA) and a grandparent. (~25%).

[demarvell 4]

On 6/30/2022 at 12:40 AM, PeterM said:

I am looking for guidance for a child of a K1 holder that was not on the original I-129F.    The son was birth-registered as a sibling due to restrictions where mother have no marriage certificate at the time of birth.   The birth certificate showed the parents were the grandparents.  Can the son be eligible for K2?   What is the process to include him as a K2?   Appreciate the response.

 

 

Going through this right now. Get an attorney and get the BC changed immediately. This will take like 6 months. And it will cost about 50,000 PHP. And probably a DNA test will be included in those costs. After that you can refile for a change.

[demarvell 4]

On 6/30/2022 at 10:50 AM, Adventine said:

@Boiler

It's one of those open secrets: everyone close to the family knows who the real bio-mom is, but to "save face" with society at large, they don't register the child's bio-mom on the BC.

 

Looking at OP's timeline, the K1 interview is scheduled on July 7. So the I-129F petition was approved but does not have any info about the child on it. I really don't know how the beneficiary is going to handle the visa interview if asked "Do you have any children?" 

 

 

You can petition for a child later, stating that the BC was messed up and couldn't be filed at that time. Going though this with my fancy right now. 

 

[PeterM 5]

Thank you very much for all the responses.

 

Conclusion:

 

1)  Change the birth certificate to reflect the biological mother

2)  After acceptance of Philippine Civil Registry, get a PSA certified-BC

3)  Inform US Embassy Manila of Additional K2 Beneficiary

4)  Apply for K2 Visa as "Follow To Join" next year.

 

Note:

1)  During the medical, Fiancee declared 3 biological children.

2)  Fiancee will tell consul during interview of the 3 children.   Only 2 were listed on I-129F due to uncertainty on the first child, birth-registered as a sibling.  Per conversation with previous embassy staff, this apparently is a normal situation for many single mom K1 Beneficiary in the Philippines.

 

Recommendation:

 

For future filers, declare all biological children of a K1 Beneficiary and correct the birth certificate as soon as possible.

 

Best Regards,

PeterM

[iwannaplay54 985]

On 6/30/2022 at 12:50 PM, Adventine said:

@Boiler

It's one of those open secrets: everyone close to the family knows who the real bio-mom is, but to "save face" with society at large, they don't register the child's bio-mom on the BC.

 

Looking at OP's timeline, the K1 interview is scheduled on July 7. So the I-129F petition was approved but does not have any info about the child on it. I really don't know how the beneficiary is going to handle the visa interview if asked "Do you have any children?" 

 

 

That question was already asked on the petition under “children of beneficiary” and probably answered “no”

Also on the visa application and probably answered “no”

Also on the I134F and probably answered “no”

 

Immigration gets no open secrets.  Children, household sizes, etc are material to the outcome of immigration decisions.
 

There is no recovery from omitting or failing to disclose this information from the beginning and citizenship is occasionally stripped long after the fact if material omission is discovered.

 

[iwannaplay54 985]

11 hours ago, PeterM said:

Thank you very much for all the responses.

 

Conclusion:

 

1)  Change the birth certificate to reflect the biological mother

2)  After acceptance of Philippine Civil Registry, get a PSA certified-BC

3)  Inform US Embassy Manila of Additional K2 Beneficiary

4)  Apply for K2 Visa as "Follow To Join" next year.

 

Note:

1)  During the medical, Fiancee declared 3 biological children.

2)  Fiancee will tell consul during interview of the 3 children.   Only 2 were listed on I-129F due to uncertainty on the first child, birth-registered as a sibling.  Per conversation with previous embassy staff, this apparently is a normal situation for many single mom K1 Beneficiary in the Philippines.

 

Recommendation:

 

For future filers, declare all biological children of a K1 Beneficiary and correct the birth certificate as soon as possible.

 

Best Regards,

PeterM

This will work if beneficiary comes clean to the IO

 

[Chancy 6,239]

21 hours ago, PeterM said:

Apply for K2 Visa as "Follow To Join" next year.

 

Note that there is a hard deadline for K2 FTJ.  The K2 visa must be issued within 1 year of the issuance date of the K1 visa.  If you doubt that you can meet this deadline, I suggest delaying the K1 interview to give your fiancee and her child more time to pursue the K2.  Alternatively, your fiancee can proceed with her K1 process asap.  Then if her child is not able to get a K2 visa before the deadline, you can file a new petition for stepchild of US citizen, assuming the child is under 18 years old when you marry your fiancee.

 

Edited July 5, 2022 by Chancy
clarification

[Boiler 44,954]

K1, 2xK2's and a possible third.

[SusieQQQ 11,586]

23 hours ago, demarvell said:

Going through this right now. Get an attorney and get the BC changed immediately. This will take like 6 months. And it will cost about 50,000 PHP. And probably a DNA test will be included in those costs. After that you can refile for a change.

Note that while a DNA test might be required for changing the BC, if USCIS or the consulate request a dna test, you’d need to do another one through their authorized labs, using the reference number they provide you in that request - you can’t pre-empt this part of it. Speaking from experience (mine and others), it’s highly likely to be requested as part of proving the relationship when the birth certificate used for filing the petition is issued more than a year after the birth.

[SusieQQQ 11,586]

11 hours ago, iwannaplay54 said:

 

There is no recovery from omitting or failing to disclose this information from the beginning and citizenship is occasionally stripped long after the fact if material omission is discovered.

 

Never seen a single case where citizenship has been revoked for this, can you provide a reference for the cases you refer to?

 

The cases I’ve seen only involve factors where the actual immigrant would have been inadmissible in the first place - such as hiding criminal records, using a false name to hide a previous deportation/ban, etc.

[iwannaplay54 985]

On 7/4/2022 at 9:29 PM, SusieQQQ said:

Never seen a single case where citizenship has been revoked for this, can you provide a reference for the cases you refer to?

 

The cases I’ve seen only involve factors where the actual immigrant would have been inadmissible in the first place - such as hiding criminal records, using a false name to hide a previous deportation/ban, etc.

https://www.uscis.gov/policy-manual/volume-12-part-l-chapter-2
 

For this specific thing?  No idea.  “Any requirement not met?”  Technically.
 

Material omission?  Falsification (if) someone decides to apply moral turpitude? 
 

Both are on the list.  

Edited July 24, 2022 by iwannaplay54

[SusieQQQ 11,586]

6 hours ago, iwannaplay54 said:

https://www.uscis.gov/policy-manual/volume-12-part-l-chapter-2
 

For this specific thing?  No idea.  “Any requirement not met?”  Technically.
 

Material omission?  Falsification (if) someone decides to apply moral turpitude? 
 

Both are on the list.  

So the actual answer is, no you can’t show a single case where it’s been revoked for this. And I’m willing to bet there isn’t one, because it’s actually quite a process and they don’t do it for just any reason. In fact, to back up what I said before, 

 

The U.S. government has a high bar for proving a defendant meets the criteria for denaturalization (a heavier burden of proof than most civil cases, but not as great a burden as criminal cases), according to the USCIS Adjudicator's Field Manual:

"Because citizenship is such a precious right, it cannot be taken away unless the government is able to meet a high burden of proof... Accordingly, a case should only be referred for denaturalization where there is objective evidence to establish that the individual was not eligible for naturalization, or procured naturalization by willful concealment or material misrepresentation."

https://www.findlaw.com/immigration/citizenship/can-your-u-s-citizenship-be-revoked-.html
 

Leaving a child off a form does not come close to meeting the burden of proving the immigrant would not have otherwise been eligible for naturalization. So let’s stop trying to scare posters for nothing, shall we?

Yet …l have seen a few people on VJ who’ve managed to successfully bring over children who were left off the forms initially. So it can be done. Maybe best with a lawyer, but definitely not impossible. Let’s make sure posters get balanced views on what actually happens in practice.