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Old 03-07-2009, 05:20 PM
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Posts: 15

disestablishment of paternity with voluntary consent


What is the name of your state (only U.S. law)? Florida

07/2004 Marriage Certificate Ft. Lauderdale
01/2008 Filed petition to remove conditions of permanent residency (I-751)
02/2009 Petition was “denied for cause” (according to USICS Officer because we missed a timeline to deliver further documentation).
03/2009 my wife delivered a baby from another man.

My wife and I agreed some time ago to divorce. Since we are still married I became the legal father. I believe a paternity can be disestablished with the voluntary consent of all three parties.
a. What should I do to start the process? Marriage in FL, Birth in CA (birth certificate names the biological father as the father, not me! Would I still have to contest?)
b. Do I have to disestablish paternity first before we can file for the divorce?
c. Do I have to be present at either the divorce hearing or the paternity hearing?
Since my petition for permanent residency has been denied a hearing will be held in the near future (according to the immigration officer over the phone). I probably will already be in Germany.
a. Do I have to be present during the hearing or can I be represented?
b. How can I make certain that I still can visit the US as a tourist even if residency will be denied? I overstayed my visa waiver program for some months in 2003.

Thank you in advance for your guidance.
  #2  
Old 03-07-2009, 06:00 PM
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Join Date: May 2004
Posts: 41,409
Quote:
Originally Posted by Smile88 View Post
What is the name of your state (only U.S. law)? Florida

07/2004 Marriage Certificate Ft. Lauderdale
01/2008 Filed petition to remove conditions of permanent residency (I-751)
02/2009 Petition was “denied for cause” (according to USICS Officer because we missed a timeline to deliver further documentation).
03/2009 my wife delivered a baby from another man.

My wife and I agreed some time ago to divorce. Since we are still married I became the legal father. I believe a paternity can be disestablished with the voluntary consent of all three parties.
a. What should I do to start the process? Marriage in FL, Birth in CA (birth certificate names the biological father as the father, not me! Would I still have to contest?)
b. Do I have to disestablish paternity first before we can file for the divorce?
c. Do I have to be present at either the divorce hearing or the paternity hearing?
Since my petition for permanent residency has been denied a hearing will be held in the near future (according to the immigration officer over the phone). I probably will already be in Germany.
a. Do I have to be present during the hearing or can I be represented?
b. How can I make certain that I still can visit the US as a tourist even if residency will be denied? I overstayed my visa waiver program for some months in 2003.

Thank you in advance for your guidance.
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