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boylla1566

How do I fill out child's information on I-485 and I-864

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My former partner left after getting pregnant. She wants me out of her and the child's life completely, and there is little hope of reaching out without being ignored, or even being retaliated or threatened, Due to this situation, I wouldn't be able to sign birth certificate, or even know the child's name or address or date of birth. Of course there is always a chance that the child isn't mine.

 

In this situation. While filling out the I-864, do I include the child in the household size? For the form I-485, information regarding your children, and in the future I-751, it ask for child's name, date of birth, address and all those information, and I wouldn't be able to provide them other than just simply mentioning the child by putting down 1 in the box asking how many child I have. 

 

Is this also something that can affect future N-400? Since I wouldn't be able to provide child support when the mother does not want any involvement from me. 

 

Thanks!

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Filed: K-1 Visa Country: Wales
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What do you mean by Partner, GF?

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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Filed: K-1 Visa Country: Wales
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I do not see how you could declare the child as yours, maybe up for debate if you were married at the time.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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3 minutes ago, Boiler said:

I do not see how you could declare the child as yours, maybe up for debate if you were married at the time.

That's what I thought. I just do not want to leave the child out and then to be seen as not being honest. The I-864 mentions that I have to include the child even if I have no custody, but I don't know if that's only for people that established paternity but no custody, or if it includes my situation where paternity is not established through marriage or DNA test. Theoretically even if the child is biologically mine, without a marriage or DNA test or signing birth certificate to establish paternity, I'm not required to include the child in any immigration forms?

 

I'm not sure if DNA test is something I should request, I'm just worried about her responding with threates and retaliation if I attempted that. 

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I think about 15% of children born in wedlock are not the Spouses child.

 

Here you do not even know if there is a child.  If she initiates DNA and Child Support, well prepare to bend over.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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8 minutes ago, Boiler said:

I think about 15% of children born in wedlock are not the Spouses child.

 

Here you do not even know if there is a child.  If she initiates DNA and Child Support, well prepare to bend over.

I do know that there is a child since she has updated me with doctor's visits and ultrasound pictures before cutting ties. Still doesn't establish paternity but I do know there is a child on the way. Right now I'm just keeping my distance from her and if she wants to initiate any sort of paternity test, I'll have to accept..I don't plan on initiating it..

Until then I hope that it's safe for me to not declare the child on any immigration forms until after my paternity is established, if it ever gets established..

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Filed: K-1 Visa Country: Wales
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I read it that you do not know if there is a live birth?

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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4 minutes ago, Boiler said:

I read it that you do not know if there is a live birth?

Oh that's right. I do know that she was really pregnant from the doctor visits and ultrasound, I know it's on the way, and I don't think she will terminate it, I believe it was too late to terminate when we stopped contact. But I won't know anything about the actual birth of the child. 

Edited by boylla1566
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Filed: K-1 Visa Country: Wales
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I forgot to ask on what basis you are adjusting.

 

Obviously this sort of situation comes up, but usually in the context of a Father immigrating and subsequently as a LPR or more usually USC wanting to petition their child from a prior relationship.

 

Otherwise how would they know?

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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23 minutes ago, Boiler said:

I forgot to ask on what basis you are adjusting.

 

Obviously this sort of situation comes up, but usually in the context of a Father immigrating and subsequently as a LPR or more usually USC wanting to petition their child from a prior relationship.

 

Otherwise how would they know?

We are considering adjusting based on a marriage with a USC, and just wondering how I should handle the situation with my ex-gf's child. 

And yeah I've read a lot of about fathers immigrating wanting to petition their child after. In this situation the child is already going to be USC. So if I list the child in immigration forms, it wouldn't be part of a future petition, but more along the lines of household size in I-864 and potential GMC requirement for child support in N-400, and just being honest in general. It would just seem odd if I say I have a child in I-485 or I-751 but wouldn't be able to provide any name or date of birth..

Edited by boylla1566
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you do not know if there is/was a live birth never mind anything else.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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5 hours ago, boylla1566 said:

We are considering adjusting based on a marriage with a USC, and just wondering how I should handle the situation with my ex-gf's child. 

And yeah I've read a lot of about fathers immigrating wanting to petition their child after. In this situation the child is already going to be USC. So if I list the child in immigration forms, it wouldn't be part of a future petition, but more along the lines of household size in I-864 and potential GMC requirement for child support in N-400, and just being honest in general. It would just seem odd if I say I have a child in I-485 or I-751 but wouldn't be able to provide any name or date of birth..

So you married one usc and are having a baby with a different one?

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Filed: K-1 Visa Country: Wales
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All that is known is an ex GF was pregnant 

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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6 hours ago, boylla1566 said:

We are considering adjusting based on a marriage with a USC, and just wondering how I should handle the situation with my ex-gf's child. 

And yeah I've read a lot of about fathers immigrating wanting to petition their child after. In this situation the child is already going to be USC. So if I list the child in immigration forms, it wouldn't be part of a future petition, but more along the lines of household size in I-864 and potential GMC requirement for child support in N-400, and just being honest in general. It would just seem odd if I say I have a child in I-485 or I-751 but wouldn't be able to provide any name or date of birth..

No birth certificate, no court order establishing paternity means no child …therefore no obligation to list or count as part of household.

 

Considering ex has not given birth yet and you already married another…you moved on fast, but that’s not an immigration obstacle. 
 

You don’t sound too enthusiastic about the baby, so unless you file a petition to establish paternity in family court, you’re off the hook until ex changes her mind , puts you on child support…yes that includes her acceptance of DNA .

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