CR1 visa dna possibilty on US born child?

[Springtx86 1]

Not sure if this is in the right place...

 

Has anyone ever been requested for DNA testing to the petitioner or mother for a US born child of a beneficiary during the CR1 or IR1 visa process if us birth certificate was provided? Beneficiary currently in US on school visa, will be married soon and petition for residence. Curious if we have a baby in the us during this process either before or after filing will that cause any flags, delays, or dna testing requirements. 

Edited July 29, 2017 by Springtx86

[Lemonslice 4,552]

CR1 is a visa, does she plan to return home?

[Springtx86 1]

8 minutes ago, Lemonslice said:

CR1 is a visa, does she plan to return home?

No. I thought it was condition residence for 2 years. Or the IR1 permanent residence if married for 2 years prior to petition. She will be asking for temporary or permanant residence depending when we file. 

[geowrian 22,335]

38 minutes ago, Springtx86 said:

No. I thought it was condition residence for 2 years. Or the IR1 permanent residence if married for 2 years prior to petition. She will be asking for temporary or permanant residence depending when we file. 

Not quite. A CR-1 is an immigrant visa for a spouse. However, the 2 year marriage part applies at the time of admission into the US, not when the petition is filed. If you enter the US prior to the 2 year anniversary of being legally married, you get conditional residence and a 2 year green card, with the need to file for ROC in 2 years - 90 days. If you enter after the 2 year anniversary, even on a CR-1 visa, then you get the 10 year card and no ROC is needed.

 

Edit: And to clarify, both are permanent residence. One is just "conditional" and requires ROC.

Edited July 29, 2017 by geowrian

[Springtx86 1]

5 minutes ago, geowrian said:

Not quite. A CR-1 is an immigrant visa for a spouse. However, the 2 year marriage part applies at the time of admission into the US, not when the petition is filed. If you enter the US prior to the 2 year anniversary of being legally married, you get conditional residence and a 2 year green card, with the need to file for ROC in 2 years - 90 days. If you enter after the 2 year anniversary, even on a CR-1 visa, then you get the 10 year card and no ROC is needed.

I didn't realize it had to do with entry into the us. I thought it was just length of time being married before petition. So what you're saying is that if sje is already in the us and currently not married ans we get married, wait two years and then file petition, she will still only get 2 year conditional?

 

Can you show me where it says the 2 years is based on entry to the us instead kf length of marriage?

Edited July 29, 2017 by Springtx86

[geowrian 22,335]

14 minutes ago, Springtx86 said:

I didn't realize it had to do with entry into the us. I thought it was just length of time being married before petition. So what you're saying is that if sje is already in the us and currently not married ans we get married, wait two years and then file petition, she will still only get 2 year conditional?

 

Can you show me where it says the 2 years is based on entry to the us instead kf length of marriage?

Yes, it's based on entry into the US (for an immigrant visa). Even your own screenshot supports this "...when your spouse is granted permanent residence". Permanent residence is granted upon admission into the US on an immigrant visa (or upon AOS approval if one was already inside the US and went the AOS route).

Edit: For reference, you said CR-1 visa, hence the "upon admission into US" wording I used. For AOS, you do not get any visa.

 

In your example, if AOS is approved after your 2 year anniversary, then ROC won't be needed and she will get a 10 year green card. She will have gained permanent residence the day AOS was officially approved (which is after the actual interview). If AOS is approved prior to the 2 year anniversary, she would get a 2 year card.

Edited July 29, 2017 by geowrian

[Coco8 1,039]

6 minutes ago, Springtx86 said:

So what you're saying is that if sje is already in the us and currently not married ans we get married, wait two years and then file petition, she will still only get 2 year conditional?

No! A visa is to come from another country into the US. If someone is in the US he or she does not need a visa. He or she is already in the US.

 

If the US citizen and the foreigner are both in the US, they get married and they adjust status (AOS). 

 

1 hour ago, Springtx86 said:

Has anyone ever been requested for DNA testing to the petitioner or mother for a US born child ...

A US born child is US citizen immediately. There is no need of DNA test. Why are you asking about this?

 

1 hour ago, Springtx86 said:

Beneficiary currently in US on school visa, will be married soon and petition for residence. 

The grammar here is pretty bad. How can a child get married? 

 

1 hour ago, Springtx86 said:

Has anyone ever been requested for DNA testing to the petitioner or mother for a US born child of a beneficiary during the CR1 or IR1 visa process if us birth certificate was provided?

A US born baby cannot give permanent residency to their parents, if that is what you are asking. Someone petitioning another person has to be over 21.

[Lemonslice 4,552]

No visa then, adjustment of status.  I hope you'll have a plan before she gets pregnant, as discussed in your other thread, very few chance she's going to get approved through you. I think I just got why you're asking about DNA now :/

[Springtx86 1]

Gotcha. Ok I used the wrong term. I am referring to adjustment of status as she is already in the US. Thank you for clarifying. What I am asking is if she gets married and has a child, in the US at any time either before or after petition for AOS, with that trigger a request for DNA testing on that child during the process even though the child is already a USC? I'm assuming during the process she will have to state that she has had a child since in the US? All of the evisence of that would be provided up front if it is required. I am asking to for the purposes of knowing if that would cause any red flags or delays in processing. I wanted to know if it should be something to worry about. Thats all. 

 

Lemonslice,

 

Yes unfortunately my situation is still up in air as I have already figured out that I will never get approved. I am completely heartbroken about that and we are considering that it might be the end for us. :-( This is asking for one of her friends. 

[Coco8 1,039]

37 minutes ago, Springtx86 said:

Gotcha. Ok I used the wrong term. I am referring to adjustment of status as she is already in the US. Thank you for clarifying. What I am asking is if she gets married and has a child, in the US at any time either before or after petition for AOS, with that trigger a request for DNA testing on that child during the process even though the child is already a USC? I'm assuming during the process she will have to state that she has had a child since in the US? All of the evisence of that would be provided up front if it is required. I am asking to for the purposes of knowing if that would cause any red flags or delays in processing. I wanted to know if it should be something to worry about. Thats all. 

Any child born in the US is an American citizen. The will not ask for DNA to figure out is the child is a US citizen because there will be a birth certificate.

 

The only reason why a judge could ask for DNA is to figure out who the father is, but that is not an immigration related issue.

 

 

Edited July 30, 2017 by Coco8

[NikLR 13,220]

~~moved to general immigration discussion from IMBRA.  Subject is not an IMBRA topic and is about DNA testing a child born in the USA~~