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Father unknown on child's i-130?

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  • Father unknown on child's i-130?

    I'm filing two i-130's for my spouse and her 7 yr old child. Her baby's daddy is nowhere to be found and has never been in the picture. Her child's birth certificate says "father unknown"
    Question: Is it okay to also put "father unknown" on form I-130 for the child?
    My thinking is that if she puts his name there , it could cause problems and they might require further waiver documents which would be impossible to obtain.
    Thoughts anyone?
    Thank you in advance.
    JR

  • #2
    Originally posted by jimmy1957 View Post
    I'm filing two i-130's for my spouse and her 7 yr old child. Her baby's daddy is nowhere to be found and has never been in the picture. Her child's birth certificate says "father unknown"
    Question: Is it okay to also put "father unknown" on form I-130 for the child?
    My thinking is that if she puts his name there , it could cause problems and they might require further waiver documents which would be impossible to obtain.
    Thoughts anyone?
    Thank you in advance.
    JR
    No, that would be dishonest, since you guys do know who the father is, so he is not "unknown". You are supposed to provide the most accurate answer that you know of, not just repeat what it says on the birth certificate. Your wife will probably need sole custody of the child or some court order allowing the child to immigrate with her, which should not be difficult to get if the father is not in the picture.

    This is my personal opinion and is not to be construed as legal advice.

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