gdalicia
Dec 3 2007, 12:33 PM
My husband was contacted this past year by a fourteen year old girl claiming to be his daughter. He was never married to her mother and is not listed on her birth certificate (he left Mexico before she was born and has not returned until this year). If she is indeed his daughter then we could like to give her the opportunity to come to the US. The problem is, we did not list her on any of our forms (I-129 and I-130) due to the fact that we are not 100% sure and need to have DNA testing done. Since she is under 18, if the DNA test comes back positive will we be able to file for her despite the fact that we have not listed her previously? Does anyone know how the Consulates handle cases like this?
YuAndDan
Dec 3 2007, 01:04 PM
A positive DNA test may be used to claim US citizenship, and may have birth registered at the US Consulate, to get a US passport in order to enter the country.
gdalicia
Dec 3 2007, 03:39 PM
So if I were to send in an I-130 for her, would I just include a note explaining the situation and wait until they request DNA testing? The girl's birth certificate has someone else listed as the father and she does not have my husband's name so I figure including it would be worthless. Or would we have to do the DNA testing first and then include the results with the I-130?
Omoba
Dec 3 2007, 10:52 PM
I would suggest to do the DNA testing and if positive proceed with informing the embassy of why she wasn't included and why his name isn't
on the birth cert. when submitting the I-130.
Just don't be surprised if they ask for a second test. Some embassies have very strict regulations about the DNA procedure and want only their own panel physicians to collect the specimen and only certain accredited labs to process the specimen.
Perhaps you can contact the embassy and ask how best to proceed.
Haole
Dec 4 2007, 12:36 AM
Easiest and fastest way is as Dan said.
QUOTE
A positive DNA test may be used to claim US citizenship, and may have birth registered at the US Consulate, to get a US passport in order to enter the country
gdalicia
Dec 4 2007, 12:39 PM
I'm confused...how could she claim US citizenship??
gdalicia
Dec 4 2007, 12:56 PM
Okay, I did a bit of research and it looks like you guys are referring to automatic US citizenship for minors. Unfortunately, as my step-child she does not qualify and I have to file an I-130 for her.
step children no need DNA test. My baby didn't have DNA test to get her Citizenship.
Dimples876
Dec 27 2007, 01:06 PM
A couple of years my mother filed for my brother and USCIS required that my father and brother do a DNA test.
Chris Parker
Jan 11 2008, 11:16 AM
QUOTE(SJ @ Dec 15 2007, 04:03 PM)

step children no need DNA test. My baby didn't have DNA test to get her Citizenship.
They might, the stepparent-stepchild relationship merely adds the requirement of a marriage between the stepparent and the natural parent as well as the usual natural parent-child relationship to exist all the same.
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