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Filed: Timeline
Posted

Hi,

one neighbor of mine came to the US 8 months ago by a k3 visa.

Two weeks ago she had the aos interview with her husband at the local uscis office.

The interview was quite easy and they were asked almost no questions though they knew that they didn't bring a lot of evidence of an ongoing relationship.

They are living in bonafide relationship, they just did the mistake not to think much about the process and so they didn't create much evidence.

So they thought that she will soon receive her greencard. But last week they got a letter from USCIS that the office needs more evidence of an ongoing relationship and also a DNA test.

I have to mention that she and her husband are coming from a high fraud risk country and that her husband is much much older than her.

They are very afraid now because they just don't know what evidence to provide them because they don't have any...

And obviously it seems that USCIS has put an eye on this case.

Is it normal to request a DNA test?

And if they are not able to provide further evidence, is it possible that they will have to go through a stokes interview??

Thanks for any answer,

Posted

What evidence didn't they bring?

I have no idea on the DNA testing, but as for the rest, why can't they bring evidence if they are in a bonafide relationship? Photographs, wedding photographs, joint bank account statement, credit card with authorized user, third party affidavits. These things should not be so hard to come by for almost any married couple living together in the US.

What do you mean they thought their interview went well? Did they say they would receive their greencard?

"Love Will Find A Way <3"

05/29/2008 --- Entry into the US on Visa Waiver to visit my girlfriend for a summer holiday and to help take care of her sick father where needed.

06/20/2008 -- After the sad passing of my girlfriend's father, we decided to get married and stay together

08/08/2008 --- We get married, lovely ceremony and dinner with all of Sarah's family present :-)

08/25/2008 --- AOS package sent to Chicago via Fedex overnight priority mail. Fingers crossed now!

08/26/2008 -- AOS Package received in Chicago, signed for by A.Smith (1 day before my VWP expires!)

09/02/2008 -- Checks cashed!!

09/03/2008 -- NOA1 received for I-485, I-130 and I-765.

09/05/2008 -- Case is shown online as pending!!

09/08/2008 -- Biometrics appointment letter received for September 23rd!! (For both I-485 and I-765)

09/12/2008 -- Biometrics walk-in completed, 11 days before the appointment! In Hackensack NJ.

09/20/2008 -- RFE for I-485 received. It was dated September 17.

09/25/2008 -- RFE response evidence sent out to Lee's Summit by USPS, certified mail.

10/02/2008 -- RFE response evidence received and case processing resumed!

11/04/2008 -- EAD CARD PRODUCTION ORDERED! Thank you Lord.

11/10/2008 -- EAD card received in the mail! wOOt wOOt!!!!

11/12/2008 -- SSN ordered from Hackensack, 2-4 weeks in mail!

11/28/2008 -- SSN Received in the mail, wOOt!!!!!!!!

12/7/2008 -- INTERVIEW LETTER RECEIVED!!! It's scheduled February 19, 2009 at 8:30am in Newark. *nerves*

2/19/2009 -- Interview 8:30am - Green Card verbally approved

2/23/2009 -- Welcome letter received! followed by I-130 approval notice!

Filed: Citizen (apr) Country: India
Timeline
Posted

A DNA test is definitely NOT normal! I have heard it requested only in the case of children of the couple.

If they have doubt about the authenticity of the relationship, yes, they might have to undergo a Stokes interview.

Advise them to gather proof of relationship in the meantime, like as suggested, joint credit cards (he can add her name to his cards online easily), bank account, lease/mortgage, utilities, and have them get friends to write notarized affidavits confirming the relationship.

***Nagaraju & Eileen***
K1 (Fiance Visa)
Oct 18, 2006: NOA1
Feb 8, 2007: NOA2
April 13, 2007: INTERVIEW in Chennai -Approved
May 25, 2007: USA Arrival! EAD at JFK
June 15, 2007: Married
AOS (Adjustment of Status)
June 21, 2007: AOS/EAD Submitted
Sept 18, 2007: AOS Interview - APPROVED!!
ROC (Removing of Conditions)
June 23, 2009: Sent in I-751 packet
Sept 11, 2009: APPROVED!!
Sept 18, 2009: Received 10-year Green Card!

Naturalization
July 15, 2010: Sent N-400 packet
July 23, 2010: NOA Notice date
Oct 15, 2010: Citizenship Interview - Passed!
Nov 15, 2010: Oath Ceremony in Fresno, CA
Nov 24, 2010: Did SSN and Applied for Passport
Dec 6, 2010: Passport Arrives
Dec 7, 2010: Sent for Indian Passport Surrender Certificate
Dec 27, 2010: Surrender Certificate Arrives
Jan 3, 2011: Sent for Overseas Citizenship of India Card
March 1, 2011: Received OCI card!

Divorce

Feb 2015:​ Found out he was cheating (prostitutes / escorts)

​May 2015: Divorce Final

Filed: Citizen (apr) Country: Ethiopia
Timeline
Posted (edited)

Since its a real relationship it shouldn't be hard to gather evidence. Photos. ID listing the same address, joint bills etc.

Tell them not to worry too much about the DNA test. Its not very common, and I've only heard about this occurring during visa processing outside of the US (with the adults in the relationship and children as well). I believe its supposed to be part of some pilot program. Anyway, a DNA test is something that should be simple to comply with. You said its a high fraud country and there is a big age difference; they probably want to verify that they are not related.

Edited by reeses16
Filed: Timeline
Posted

Thanks all for your answers.

Yes you are right, it shouldn't be so difficult for a couple to get evidence about the relationship but as I told they didn't think about the aos interview in the past and about getting some evidence. So they didn't have much at the time of the interview. Just a joint rental agreement for the appartment, a savings cheque and two pictures.

So creating now some more evidence would be quite obvious. I guess USCIS officers can distinguish between evidence only created for the interview and normal evidence.

They were not told that they will receive their greencard. It was just their feeling that it went well.

They don't worry about the DNA test itself, because as they are not related there is no reason to. But the fact that USCIS wants a DNA test shows that they are under suspicion. And they are afraid that it will become a long and difficult way to obtain her greencard.

But third party affidafits seems to be a good idea for evidence. I will tell it to them.

Posted
Thanks all for your answers.

Yes you are right, it shouldn't be so difficult for a couple to get evidence about the relationship but as I told they didn't think about the aos interview in the past and about getting some evidence. So they didn't have much at the time of the interview. Just a joint rental agreement for the appartment, a savings cheque and two pictures.

So creating now some more evidence would be quite obvious. I guess USCIS officers can distinguish between evidence only created for the interview and normal evidence.

They were not told that they will receive their greencard. It was just their feeling that it went well.

They don't worry about the DNA test itself, because as they are not related there is no reason to. But the fact that USCIS wants a DNA test shows that they are under suspicion. And they are afraid that it will become a long and difficult way to obtain her greencard.

But third party affidafits seems to be a good idea for evidence. I will tell it to them.

Well Rental lease in both names, car lease? titles? cheques, bank statements, Health insurance, naming spuose as beneficiary to life insurance, gifts bought for each other, phone bills or phone aquired with the husbands name as new last name... pics of not only them but significant others in their lives here if any and endorsements like letters to them from their families acknowledging they are together as a family etc, the list is endless, prepare yourslef for the worse, get as much as you can nothing is too much or too little.

Good luck

K-1 TIMELINE

I-129F Sent :2007-09-06

I-129F NOA1 : 2007-09-10

I-129F RFE(s) :2007-09-30

Visa Approved :2008-01-07

Consulate Received : 2008-01-14

Interview Date : 2008-06-02

Visa Received : 2008-06-12

US Entry : 2008-06-26

Marriage : 2008-08-02

Total days from filling 1-129F till Interview 270days

AOS TIMELINE

Sept 12, 2008- Sent AOS/EAD/AP to Chicago (finally)

Sept 15, 2008- Delivered

Sept 18, 2008- Noas AOS/EAD/AP (yaay!!)

Oct 7th 2008- Case transferred to CSC

Oct 15, 2008- Biometric APPT (smooth and quick)

Oct 16, 2008- Case pending ......

Update....

EAD Card production ordered ........ 12/03/2008

Ap approved...approval notice sent 12/03/2008

Ap arrives in mail... dated ..............12/12/2008

EAD approval mail sent ..................12/11/2008

EAD arrives in mail ........................12/15/2008

AOS Touched .................................01/12/2009

AOS card production ordered...........02/27/2009

ROC TIMELINE 2011.

Jan 1st 2011 mailed in I751

Feb 15th 2011 Biometric appointment

May 24th 2011 Petition Approved

May 25th 2011 Card production ordered

May 31st 2011 Card recieved

Filed: AOS (apr) Country: Kazakhstan
Timeline
Posted

how do you not have documentation? this is normal stuff when you get married, im not the one to judge but it doesnt seem too bonafide too me, but this is irrelevant. If this is a real marriage then they gotta have some kind of documentation that they can produce as a proof of their relationship, and if they are being asked to provde DNA then they have to do it no questions asked.

2004: I-485 Filed

2005: Interview & Conditional GC recv'd

05/2007: I-751 sent to TSC

06/2007: FP completed

05/25/2008: Recv'd letter that interview for 05/08 is being cancelled though I never recv'd a letter that interview was scheduled

06/2008: Cond'l GC 1yr extension expires 07/08, via info pass received a stamp in passport for another year

07/2008: recv'd interview notice for beginning of Aug

08/06/2008: I-751 interview and GC Apprv'l

08/20/2008: Physical GC Recv'd

05/2012: Eligible For Citizenship

___________________________________

Im not a lawyer (yet), so consider my posts accordingly...

Filed: AOS (pnd) Country: South Africa
Timeline
Posted
I'm not exactly sure how a DNA test will prove their relationship is real. :blink:

Might prove it's an illegal marriage :)

I can't believe a DNA test was asked for, it's a very broad statement to say DNA test - test for what?

DNA is used for crimes, do they want a sample because one of them is under suspicion of a crime? Why would the USCIS request this and not the FBI?

DNA is used for paternity, is there a child involved?

Or maybe they want to trace their ancestry?

03/01/2007 - POE - JFK (L-1 Visa)

01/15/2008 - Proposed

03/15/2008 - Married

09/02/2008 - Sent AOS Package (I-130, I-485, I-693)

09/03/2008 - Received - Signed by SMITH

09/04/2008 - Checks deposited

09/10/2008 - Checks cleared ($1010 + $355)

09/12/2008 - 2 NOA's received (I-130, I-485) - Dated 09/08/08

09/16/2008 - Received notice for biometrics appointment on 09/30/2008

09/20/2008 - Biometrics done - Walk in (Orlando) Took 10 minutes

09/22/2008 - I-485 viewable online (pending, of course)

09/30/2008 - Biometrics Appointment (2pm)

12/30/2008 - Received Interview Letter

02/25/2008 - Interview

03/06/2008 - Welcome Letter received (the website will clearly never send me updates!)

Posted
I'm not exactly sure how a DNA test will prove their relationship is real. :blink:

Might prove it's an illegal marriage :)

I can't believe a DNA test was asked for, it's a very broad statement to say DNA test - test for what?

DNA is used for crimes, do they want a sample because one of them is under suspicion of a crime? Why would the USCIS request this and not the FBI?

DNA is used for paternity, is there a child involved?

Or maybe they want to trace their ancestry?

Ancestry ..hmmm thats more like it, cos i cant seem to figure out why USCIS would ask for DNA. theres no child involved here? Or are they suspecting you are both related?

Or has anyone committed a crime? Enough to want to take samples of DNA?

Sounds serious. Weird.

Get a lawyer fast!

K-1 TIMELINE

I-129F Sent :2007-09-06

I-129F NOA1 : 2007-09-10

I-129F RFE(s) :2007-09-30

Visa Approved :2008-01-07

Consulate Received : 2008-01-14

Interview Date : 2008-06-02

Visa Received : 2008-06-12

US Entry : 2008-06-26

Marriage : 2008-08-02

Total days from filling 1-129F till Interview 270days

AOS TIMELINE

Sept 12, 2008- Sent AOS/EAD/AP to Chicago (finally)

Sept 15, 2008- Delivered

Sept 18, 2008- Noas AOS/EAD/AP (yaay!!)

Oct 7th 2008- Case transferred to CSC

Oct 15, 2008- Biometric APPT (smooth and quick)

Oct 16, 2008- Case pending ......

Update....

EAD Card production ordered ........ 12/03/2008

Ap approved...approval notice sent 12/03/2008

Ap arrives in mail... dated ..............12/12/2008

EAD approval mail sent ..................12/11/2008

EAD arrives in mail ........................12/15/2008

AOS Touched .................................01/12/2009

AOS card production ordered...........02/27/2009

ROC TIMELINE 2011.

Jan 1st 2011 mailed in I751

Feb 15th 2011 Biometric appointment

May 24th 2011 Petition Approved

May 25th 2011 Card production ordered

May 31st 2011 Card recieved

  • 4 weeks later...
Filed: Timeline
Posted
I'm not exactly sure how a DNA test will prove their relationship is real. :blink:

Might prove it's an illegal marriage :)

I can't believe a DNA test was asked for, it's a very broad statement to say DNA test - test for what?

DNA is used for crimes, do they want a sample because one of them is under suspicion of a crime? Why would the USCIS request this and not the FBI?

DNA is used for paternity, is there a child involved?

Or maybe they want to trace their ancestry?

Ancestry ..hmmm thats more like it, cos i cant seem to figure out why USCIS would ask for DNA. theres no child involved here? Or are they suspecting you are both related?

Or has anyone committed a crime? Enough to want to take samples of DNA?

Sounds serious. Weird.

Get a lawyer fast!

I have seen this many times. Since you have no documentation proving your marraige, the USCIS wants a DNA test to prove you are NOT related. There are many different relationship tests you can do. DNA companies offer the following

  1. Siblingship Test
  2. Paternity Test
  3. Avuncular Test

In my experience, if the husband and wife have more than 15 year difference in age, then it raises a red flag. Typically a DNA company will run a standard paternity test in this case. If you want more information about DNA testing for immigration you should visit Immigration DNA Testing

Posted (edited)

FamilyTogether,

I think you are spot on. The original post does say that the groom is much much older than the bride. I think IO may have suspected that they are father and daughter who are acting as a couple only for the green card.

If they are not related then there is nothing to worry about.

Edited by rrobin
Filed: AOS (pnd) Country: Philippines
Timeline
Posted

DNA test to prove that they are not blood related, since their age gap is big that they can be mistaken for father/daughter or uncle/niece.

K1 visa
12.20.07 : NOA1
05.01.08 : NOA2
05.27.08 : MNL case number was received in the US
07.01.08 : interview
07.21.08 : visa on hand!!!
08.25.08 : POE:LAX
09.10.08 : applied for SSN
09.13.08 : just married!!!

11.03.08 : passed behind-the-wheel drive test


AOS
11.12.08 : Sent packet for AOS, EAD and AP
11.17.08 : Packet received at Chicago, IL (day 1)
11.24.08 : Check encashed (day 7)
12.17.08 : Biometrics! (day 30)
01.13.09 : AP and EAD approved (day 57)
01.20.09 : AP arrived in the mail (day 64)
01.22.09 : EAD card received (day 66)
04.20.09 : AOS interview
04.24.09 : Welcome letter received

 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

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