Roswell, GA asked in Immigration Law for Georgia

Q: Applied for unmarried preference category (F1), case approved and now with NVC. But he is biological father of 2 child.

Applicant : SON, currently resident in-home country(southeast Asia), never been in USA.

Petitioner - Mom(Naturalized US citizen). Applied for her Son in May 2013. I-130 was approved and the cases have been forwarded to NVC.

Application Category: F1- Unmarried , Over 21 – Current age - 37



Question- Applicant is currently in a live-in relation with his girlfriend. They never got married and no evidence or proof of marriage. He is the biological father of two children. It was not known to Mom earlier and never informed to USCIS about his children’s and have not yet submitted DS260 document for this applicant to NVC.

Question: Can he proceed his current application but still show his children in the DS260 form, will it still make him to apply as F1- Unmarried category? Will that help him to bring the kids in future ?

Thank you so much in advance!!

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1 Lawyer Answer
Hassan Hussein Elkhalil
Hassan Hussein Elkhalil
  • Immigration Law Lawyer
  • Atlanta, GA
  • Licensed in Georgia

A: You need t provide more information as to ages of the children. Generally, I will include the children at the first opportunity. If the Children were not included in the I-130, he may have an issue of misrepresentation at the NVC. How old are the children? Is domestic partner, living together, is an acceptable norm in teh culture?

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