QUESTION

Will the American Embassy refuse us because my husband is not my children's biological father?

Asked on Nov 24th, 2012 on Immigration - Colorado
More details to this question:
I am a UK citizen wanting to study in the USA. I have gone through the whole process and have my I20 and my interview date for the American Embassy in London. I am applying for a F1 visa and my husband and 3 children will be applying for a F2 visa. My question is that my husband is not the biological father of the children. The father left in 2005 when my youngest child was 3 months old. We have never seen or heard from him since. His name is on the children's birth certificate. The children think my husband is their father, they were all too young to remember the other guy.
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3 ANSWERS

Criminal Defense Attorney serving Alhambra, CA at Francis John Cowhig
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Probably not. The fact that your husband is not your children's biological father should not matter. With that being said, please remember that the issuance of a visa is discretionary and a consulate can deny the visa for any number of reasons.
Answered on Nov 28th, 2012 at 6:41 AM

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Your husband will be getting his F-2 visa not as the father of your children but as your lawful spouse, assuming you are legally married, so the fact that the children are not his biological children should not have any impact on the process since the children are not petitioning for him.
Answered on Nov 27th, 2012 at 8:41 AM

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If your husband adopted the children, that would save a lot of trouble. If he cannot do so in time, the visas can still be approved, but bring evidence of the relationships to the interview.
Answered on Nov 27th, 2012 at 8:15 AM

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