Please help! I became a US Citizen in February, 2020 and I got married to my wife in Dominican Republic (DR) same month. She has a 5 year old daughter whose father was never in the child s life since birth. The father s name is also NOT on the hospital birth record as she was a single mom and she was never married to the child s father. The hospital birth record list only mother s details. After the wedding, we went to the declaration office and my name was added as father and the child s last name would have both my last name and the mother s last name. Now I am back in the states and I filed an i-130 petition for my wife and now I want to file for my step-child (her daughter) but I am thinking there could be a problem because my name now appears in the official birth certificate of the child as FATHER which I assume means Biological Father. I am confused. Please anyone seen this kind of situation before help me:
Adoption is not an option, it is too long and requires me to live with the child in DR for 2 years or so which I can t and lots of paperwork etc.
1. Can I go ahead with the filing of i-130 petition/DS-260 for the child as a CHILD (IR2) visa or DNA would be required? I will fail the DNA obviously.
2. Can I go ahead with the filing of i-130 petition/DS-260 for the child as STEP-CHILD (IR2) visa? Will my name as father on the child s birth certificate be an issue or non-issue if explained that I am the Step-father and not the biological father but my name is only on the child s birth certificate since the biological father is nowhere to be found.
3. Can we wait until when my wife (the mother) immigrates with her CR1/IR1 visa and she can then petition an F2A visa for her daughter and I wouldn t have to be directly involved with the process?
Please help me with possible options in navigating this process and I don't want any misrepresentation issue or denial from this confusion.