Didn’t include my 3year old daughter in my petition( IR1) at uscis. What is the outcome if I want to file for her now.

[Papa knii 0]

My spouse and I didn’t include my little girl in uscis and also never mentioned that I have a child during my interview because there was doubts that I’m the father though I have been in her life since birth. I’m in the States now and my wife and I wants to file for her so she can join the family here. 
 

My Question: Will there be a problem if I petition or she petition for her or she does as her stepdaughter from uscis or interview stage. She was born 7 days after our marriage. 

Should I wait till I become a citizen or just file for her now.
 

What do I do fellas. I’m so confused.

Edited October 1 by Papa knii

[appleblossom 2,801]

11 minutes ago, Papa knii said:

My spouse and I didn’t include my little girl in uscis and also never mentioned that I have a child during my interview because there was doubts that I’m the father though I have been in her life since birth. I’m in the States now and my wife and I wants to file for her so she can join the family here. 
 

My Question: Will there be a problem if I petition or she petition for her or she does as her stepdaughter from uscis or interview stage. She was born 7 days after our marriage. 

Should I wait till I become a citizen or just file for her now.
 

What do I do fellas. I’m so confused.

 

You've previously asked about filing a I-129f, your profile and title of this thread says IR-1, but you say you're not a citizen? That makes no sense. You say 'my interview' but it sounds like you're the petitioner? Is this child also your wife's child or another woman's?

 

Can you clarify - what have you filed,  what stage the application is at, whose child this is, and what your status is? 

 

 

Edited October 1 by appleblossom

[Papa knii 0]

16 minutes ago, appleblossom said:

 

You've previously asked about filing a I-129f, your profile says CR-1, but you say you're not a citizen? You say 'my interview' but it sounds like you're the petitioner? Is this child also your wife's child or another woman's?

 

Can you clarify what you've filed, what stage the application is at, and what your status is? 

 

 

Not a citizen yet but a green card holder. 
My case which changed from cr1 to IR1 was approved 3rd October 2023.
 

I guess I need to make changes on my timeline since it been awhile I updated it. My bad. The question is about what the outcome will be since I didn’t add my little girl to my case before my visa got approved. Also I’m yet to petition for her. 

Edited October 1 by Papa knii

[appleblossom 2,801]

1 minute ago, Papa knii said:

Not a citizen yet but a green card holder. 
My case which changed from cr1 to IR1 was approved 3rd October 2023.
 

I guess I need to make changes on my timeline since it been awhile I updated it. My bad. The question is about what the outcome will be since I didn’t add my little girl to my case before my visa got approved 

 

OK, so you're the beneficiary, not the petitioner? Is your spouse the mother of the child or not?

[Boiler 45,727]

The Baby Mama is back home

 

Is she OK with this

 

Have you had a DNA test done

 

Is your spouse OK with petitioning the child?

[Papa knii 0]

5 minutes ago, appleblossom said:

 

OK, so you're the beneficiary, not the petitioner? Is your spouse the mother of the child or not?

No she’s not. 

[Papa knii 0]

1 minute ago, Boiler said:

The Baby Mama is back home

 

Is she OK with this

 

Have you had a DNA test done

 

Is your spouse OK with petitioning the child?

* Yes baby mama is back home.

*yes she’s ok with this 

*yes I did a DNA which prove I am the father before I left Ghana.

*My Spouse can’t wait to have her here. 

[appleblossom 2,801]

4 minutes ago, Papa knii said:

No she’s not. 

 

OK, got it now. As a mother I have to ask if your ex is really happy with this? Is she aware that she'll likely only see the child if you choose to take her back for visits? There's no route to her to the US for several decades through the child and she's unlikely to get a visitor visa. Is the plan for your wife to adopt her? 

 

It would be better for your wife to petition her, as it'll be much quicker than if you do it. 

Edited October 1 by appleblossom

[Papa knii 0]

1 minute ago, appleblossom said:

 

OK, got it now. So if the mother of the child really gives permission for her child to move to the US without her (and is aware that doesn't give her a route to the US for several decades?) then she can be petitioned for.  

 

If so, it would be better for your wife to petition her, as it'll be much quicker than if you do it. 

So there won’t be any problem with RFE with USCIS or during the interview since I didn’t mention I have a child at that time? 

[appleblossom 2,801]

Just now, Papa knii said:

So there won’t be any problem with RFE with USCIS or during the interview since I didn’t mention I have a child at that time? 

 

There may be questions about why she wasn't declared on your application. But presumably you have proof that you didn't know for sure she was your child until after you received your visa? When was the DNA test done?

[Papa knii 0]

4 minutes ago, appleblossom said:

 

There may be questions about why she wasn't declared on your application. But presumably you have proof that you didn't know for sure she was your child until after you received your visa? When was the DNA test done?

6 months after birth. By then my wife already filled my case which was at uscis and we didn’t put her name on that form. 

Edited October 1 by Papa knii

[appleblossom 2,801]

7 minutes ago, Papa knii said:

6 months after birth. By then my wife already filled my case which was at uscis and we didn’t put her name on that form. 

 

Ah. That may be an issue then as you should have declared her on your DS-260. You might want to run this past a lawyer before filing. 

[Papa knii 0]

1 minute ago, appleblossom said:

 

Ah. That may be an issue then as you should have declared her on your DS-260. You might want to run this past a lawyer before filing. 

That was ma mistake. 

[Papa knii 0]

Just now, Papa knii said:

That was ma mistake. 

I intend to do another dna, swear an affidavit so I can back that with the i130 form next year when I’m ready to file for her. You that will be ok? 

[appleblossom 2,801]

2 minutes ago, Papa knii said:

I intend to do another dna, swear an affidavit so I can back that with the i130 form next year when I’m ready to file for her. You that will be ok? 

 

Why do another DNA test? What do you intend to say on the affidavit?