Dani Wong Posted May 24, 2011 Report Share Posted May 24, 2011 Hi there, I came to the US with a tourist visa, three months later our daughter was born, then we waited another month and got married. Shortly after our marriage my husband hired a lawyer to help me apply green card. The lawyer have sent our document to immigration office already. But to our surprise, he didn't put in our friends' affidavit and birth certificate of our daughter. My husband was puzzled and asked one of his friends. The friends said if the lawyer put the birth certificate in, the immigration office may mail a green card without the interview with us. however the lawyer wants the interview so he can present to make more money. My husband was so upset that he called the lawyer immediately and questioned it. The lawyer's explain was that, he doesn't want the immigration office know that I came the US to give birth and get married, as I'm a B2 visa holder. If he submitted the birthday certificated the immigration officer may come out my purpose is birth and Marriage, then I will be judged as visa fraud. is the lawyer telling the trueth? thanks very much for your time! Cheers! Lucy Link to comment
chilton747 Posted May 24, 2011 Report Share Posted May 24, 2011 IMO, it is not a good idea to withhold the fact that you had a child in the USA. This is basically a lie to the immigration officials. Not good!!! But your lawyer has a valid suspicion that you could be judged for marriage fraud. It's all about intent. Sounds to me that you intended to come to the USA to have your child and get married. You will need a good lawyer to help you out through all of this, not one that wants to lie to the immigration officials. Good Luck!! Link to comment
dnoblett Posted May 24, 2011 Report Share Posted May 24, 2011 (edited) I would have included the cert with the I-130 + I-485 package, it shows family connection to petitioner, it is one of the items indicated in form I-130 instructions. Keep in mind they can and sometimes do question the use of a tourist visa verses a Spouse or Fiancee visa to come to the USA. Edited May 25, 2011 by dnoblett (see edit history) Link to comment
Mick Posted May 24, 2011 Report Share Posted May 24, 2011 I'm not expert, but I agree with what the folks above have said. You have to ask yourself what's going to happen if the immigration officials find out you have a child. I would be wary of any attorney that advises you to lie to USCIS. Keep in mind they will view your lack of disclosure as a lie of omission and an attempt to deceive. I understand your attorney's reasoning, but in my mind it is a risky business to start out with deception. Link to comment
xiaozhu Posted May 25, 2011 Report Share Posted May 25, 2011 Technically, children¡¯s birth certificate is not required to be included in I-130 petition. But it is a good proof of your tie to the petitioner. But in I-130 form, question 17 in section C asks ¡°List husband/wife and all children of your relative¡±, Where you must disclose your baby¡¯s information, name, birth date, birth place. I hope the baby is listed there. Otherwise, NOT GOOD. Link to comment
Randy W Posted May 25, 2011 Report Share Posted May 25, 2011 Technically, children¡¯s birth certificate is not required to be included in I-130 petition. But it is a good proof of your tie to the petitioner. But in I-130 form, question 17 in section C asks ¡°List husband/wife and all children of your relative¡±, Where you must disclose your baby¡¯s information, name, birth date, birth place. I hope the baby is listed there. Otherwise, NOT GOOD. THIS is the correct answer - we seem to be going over-board these days in our scare tactics. The child is ALREADY an American citizen, and does not need to apply for adjustment of status. Birth certificates for children of the applicant do NOT need to be submitted, although they MAY be submitted as proof of the marital relationship. But, yes, trying to adjust status from a B-2 visa can be a cause for concern Link to comment
Mick Posted May 25, 2011 Report Share Posted May 25, 2011 I suspect folks wiser than I are correct in stating that the certificate is not needed with submission. Yet I recall vividly our AOS interview, which was back in December, 2004. We had our daughter Salina with us (she was about eight months old at the time). The interviewer asked point blank to see her birth certificate, not to verify that she was a citizen, but to verify that we were the parents. Fortunately, we had a copy with us and there was no problem. This may not be a concern now as I understand that interviews are not always a part of AOS now. Back then interviews were more common. Link to comment
dnoblett Posted May 25, 2011 Report Share Posted May 25, 2011 When adjusting status from any non immigrant visa other than a K1 there is always an interview. Poster is adjusting from a B2 visitors visa, it WILL have an interview. Link to comment
xiaozhu Posted May 25, 2011 Report Share Posted May 25, 2011 (edited) I suspect folks wiser than I are correct in stating that the certificate is not needed with submission. Yet I recall vividly our AOS interview, which was back in December, 2004. We had our daughter Salina with us (she was about eight months old at the time). The interviewer asked point blank to see her birth certificate, not to verify that she was a citizen, but to verify that we were the parents. Fortunately, we had a copy with us and there was no problem. This may not be a concern now as I understand that interviews are not always a part of AOS now. Back then interviews were more common. Yes, you are right with interview. All related documents should be brought to interview since you never know what officers want for sure. At my interview at Guangzhou, I was surprised by the VO wanted to see the original marriage certificate, which we submitted in I-130 petition. Luckily I have another original with me. Edited May 25, 2011 by xiaozhu (see edit history) Link to comment
dnoblett Posted May 25, 2011 Report Share Posted May 25, 2011 I suspect folks wiser than I are correct in stating that the certificate is not needed with submission. Yet I recall vividly our AOS interview, which was back in December, 2004. We had our daughter Salina with us (she was about eight months old at the time). The interviewer asked point blank to see her birth certificate, not to verify that she was a citizen, but to verify that we were the parents. Fortunately, we had a copy with us and there was no problem. This may not be a concern now as I understand that interviews are not always a part of AOS now. Back then interviews were more common. Yes, you are right with interview. All related documents should be brought to interview since you never know what officers want for sure. At my interview at Guangzhou, I was surprised by the VO wanted to see the original marriage certificate, which we submitted in I-130 petition. Luckily I have another original with me. A not to future readers, I-130 only needs a photo-copy of evidences like marriage certs, never send origional things to DHS or USCIS unless the specifically request them. http://i949.photobucket.com/albums/ad334/dnoblett/Immigration%20Stuff/I-130Copies.jpgI-130 Instructions Page 2 http://www.uscis.gov/files/form/i-130instr.pdf Link to comment
xiaozhu Posted May 26, 2011 Report Share Posted May 26, 2011 A not to future readers, I-130 only needs a photo-copy of evidences like marriage certs, never send origional things to DHS or USCIS unless the specifically request them. http://i949.photobucket.com/albums/ad334/dnoblett/Immigration%20Stuff/I-130Copies.jpgI-130 Instructions Page 2 http://www.uscis.gov/files/form/i-130instr.pdf Correct my mis-information given before. Read page 3 of the document dnoblett attached. With I-130 petition, (1) A copy of marriage certificate (we submitted our original, we could save $20 on this). (2) Birth certificate(s) of child(ren) born to you, the petitionor, and your spouse together. (We did that). Link to comment
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