Bringing 19 year old daughter to US, establishing relationship

[dawning 212]

Hello Visa Journey folks,

 

I got a lot of help some years ago with my Venezuelan husband's immigration and later his naturalization.

 

Now we are contemplating him applying for his daughter, since she is not seeing a great future for herself in Venezuela right now.  I have a couple of questions and would really appreciate input if anyone has any.

 

She is 19 and a half years old, and will be 21 in April of 2025.  If she turns 21 before receiving the visa will that make the process significantly longer?

 

Also, she was born after my husband's relationship with her mother had broken up, and as a result his name is not on her birth certificate.  Her parents were never married to each other.  She has known him as her biological father and they saw each other and communicated at different times throughout her childhood and adolescence.  He was earning less money when she was young and her mother covered expenses, but later as Venezuela's economy deteriorated we have often sent money to help her with living expenses and education.  He has many pictures of them together when she was young, and more recently when he has visited Venezuela.  I think there are social media posts as well.

 

Will this evidence be likely to be adequate to establish parent-child relationship?  Is there anything else we should consider submitting?

 

Thanks in advance.

 

[SalishSea 17,828]

3 hours ago, dawning said:

Hello Visa Journey folks,

 

I got a lot of help some years ago with my Venezuelan husband's immigration and later his naturalization.

 

Now we are contemplating him applying for his daughter, since she is not seeing a great future for herself in Venezuela right now.  I have a couple of questions and would really appreciate input if anyone has any.

 

She is 19 and a half years old, and will be 21 in April of 2025.  If she turns 21 before receiving the visa will that make the process significantly longer?

 

Also, she was born after my husband's relationship with her mother had broken up, and as a result his name is not on her birth certificate.  Her parents were never married to each other.  She has known him as her biological father and they saw each other and communicated at different times throughout her childhood and adolescence.  He was earning less money when she was young and her mother covered expenses, but later as Venezuela's economy deteriorated we have often sent money to help her with living expenses and education.  He has many pictures of them together when she was young, and more recently when he has visited Venezuela.  I think there are social media posts as well.

 

Will this evidence be likely to be adequate to establish parent-child relationship?  Is there anything else we should consider submitting?

 

Thanks in advance.

 

I would be very surprised if they don't request DNA evidence, especially with the birth certificate not listing him as the father.  Sending money abroad is not evidence of a biological relationship.

[dawning 212]

11 hours ago, SalishSea said:

I would be very surprised if they don't request DNA evidence, especially with the birth certificate not listing him as the father.  Sending money abroad is not evidence of a biological relationship.

Thanks for the info.  What else have folks used successfully for evidence of relationship? Is the biological relationship key, or is it more about family relationship?

 

We have photos of them spending time together since she was a child, and social media posts where they interact with each other.  Would that be helpful, or is it just DNA they care about?

 

Thanks again.

[SalishSea 17,828]

5 hours ago, dawning said:

Thanks for the info.  What else have folks used successfully for evidence of relationship? Is the biological relationship key, or is it more about family relationship?

 

We have photos of them spending time together since she was a child, and social media posts where they interact with each other.  Would that be helpful, or is it just DNA they care about?

 

Thanks again.

If you're suggesting that he can petition her if he isn't necessarily her biological father, then that would be a no.

 

And with them being unmarried at the time of her birth, and him not being on the birth certificate, DNA would be the only option I can see.  The burden of proof of relationship claimed in petitions for alien relatives is 100% on the petitioner.

Edited November 12, 2023 by SalishSea