I-130(consular process) for son born out of Wedlock. Please clarify

[sunnicool6]

I-130(consular process) for son born out of Wedlock. Please clarify

I have a son (born out of wedlock) and his age is 14 now. He was born in India and has never been to the US. And I am unaware of his existence until very recently. I came to know about my son recently and from that day onwards I am taking care of all his needs and now I want to bring him here and apply his N600,

On his date of Birth Certificate my name is mentioned as his father and DNA test also confirms that he is my son. (On all his educational records and certificates my name was mentioned as father)His mother is willing to send my son with me because I can give him a good life here.

I immigrated to the US in 2000 and naturalized to US citizenship in 2008. So
I approached an attorney and He filed I-130 (Consular Process) for my son in India as immediate Relative. I got affidavits from Mother ,relatives and Friends .All stating that he is my son. I submitted my son’s Date of birth certificate and educational records too (showing my name as his father) . My attorney included all these supporting documents along with naturalization certificate. Is this approach right? Please clarify how the process works.
Thanks in Advance

 

[Jackolantern]

I presume you didn't mention your son when you applied for naturalization a few years ago. That's a discrepancy you may have to explain to get the I-130 approved. Do you have an affidavit from the mother stating that she didn't notify you of the pregnancy or birth until [some date after your 2008 naturalization]?

 

[Concerned4us]

You really need to trust your attorney. He is working for your best interests. It is good that you are using one since you have the complication of establishing paternity.

You do need to make sure that custody, visitation and child support are properly handled for when he gets here. I am sure you want him to continue to visit his mother and have proper arrangements setup to protect him, her and you. A consultation with a family law attorney with experience in international issues would be a good investment.

 

[Jackolantern]

You do need to make sure that custody, visitation and child support are properly handled for when he gets here.

Yes, especially since proof of custody is required for him to derive citizenship and get an N-600 or US passport. You may have to get something from the Indian government to prove that she has given custody to you.

 

[sunnicool6]

Thanks for all

Thanks for all ,
Yes the mother stated in the affidavit that I am unaware of the child’s existence till 2008 and She stated that she gave the custody and my name is in all his birth certificates as father .
And the DNA test results are shows that I am his father.
From the day I came to know about my son, I am taking care of all his needs. And that is mentioned in the Affidavits and they are notarized . I have that statement from his mother and I have copies of Western union receipts that were sent.
Please pray for my son to be here. And let me know what else I need to keep ready. And how the consular process work. As my son is minor does he need police clearance certificate?
Please advice

 

[BigJoe5]

In order for him to derive USC from you, you MUST "legitimate" him before he turns 16. Legitimation is either under the laws where he lives OR the laws where you live. The U.S. laws vary by state (including, DC, territories and possessions that's 56 different sets of laws). Hurry up and figure that out.

Here is a similar case to guide you in the right direction: http://www.uscis.gov/err/E2 - Appli...ecisions_Issued_in_2007/Apr182007_08E2309.pdf

 

[Jackolantern]

Yes the mother stated in the affidavit that I am unaware of the child’s existence till 2008 and She stated that she gave the custody and my name is in all his birth certificates as father .

Is the transfer of custody recognized by the Indian government? A letter from her might not be sufficient to grant legal custody to you.

 

[sunnicool6]

Is the transfer of custody recognized by the Indian government? A letter from her might not be sufficient to grant legal custody to you.

Hi Jackolantern,
How do I get transfer of custody recongnized by Indian Govt. Please throw some light.
Thanks in Advance

 

[Jackolantern]

How do I get transfer of custody recongnized by Indian Govt. Please throw some light.

I don't know how that is done. I'm just saying it probably has to be done, because legal custody has to be established one way or another. Talk to a family lawyer who has experience in international custody cases.