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Oct 10, 2005
You can petition illegitimate child, not fiancee
- Atty. Michael J. Gurfinkel, Esq. Email this article

Dear Atty. Gurfinkel:

 

I am a green card holder, and I filed a petition for my unmarried son.  It was approved in the F-2B category (single adult child of green card holder).  Last year, his live-in girlfriend got pregnant, and they now have a baby.

 

The priority date on my son’s petition is now current, and he is to be processed for his immigrant visa.  What will happen to his girlfriend and the baby?  Can my son’s girlfriend and child get immigrant visas and accompany my son to the U.S.?

 

Very truly yours,

                                                                                    ZF

 

Dear ZF:

 

Based on the situation you have explained, it could be possible that both your son and his illegitimate child may be eligible for visas at the same time.  However, your son’s girlfriend would not be able to get a visa. 

 

In order for both your son and grandchild to get visas, there are some very important “dos” and “don’ts”, which you and your son must follow:

 

1. Your son must remain single up until the time he enters the U.S.  Your son must NOT get married.  This is because green card holder parents can only petition single children.  The marriage of a child who is under petition by a green card holder parent (F-2B) automatically voids the petition.  (Only U.S. citizens can petition married children.)  In addition, your son should not play games with either “secret marriages”, or attempting to have any marriage contract “pulled”.  The Embassy is very much aware of these games, tricks, and tactics.  Therefore, he should simply remain single.  If a secret marriage is discovered, he could be banned for life for fraud.

 

2. Since your grandchild is illegitimate, the grandchild is also included in your petition.  However, if illegitimate, then his or her birth certificate should not reflect a date of marriage between your son and his girlfriend.  If there is a date of marriage on an illegitimate child’s birth certificate, the Embassy (or USCIS) will assume that your son is really married and, therefore, his petition is void.  In fact, one of the largest fraud problems in the Philippines is when married children attempt to immigrate to the U.S. as “single”.   The fraud is detected at the time of interview, based on a date of marriage on an “illegitimate” child’s birth certificate.

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