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Filed: K-1 Visa Country: Egypt
Timeline
Posted

Dear VJers,

I am K1 petitioner for my fiance abroad and during one of our phone conversation she stated that someone she know was asked to provid a DNA evidence because the counstular was suspicious that the married couples were related. They were not. Actually in love and married genuinely but the do resemble relatives. My questions is, does the counsular has the legal right to ask for DNA to test to eliminate or legitimate marital status?

Thank you all in advance,

HandA

Posted

Yes they do.

If they doubt the veracity of the claims, it is in their interests to have you prove the claims.

If you want the visa, then you have to submit.

Always remember - the burden of proof is on you, not the government.

My Advice is usually based on "Worst Case Scenario" and what is written in the rules/laws/instructions. That is the way I roll... -Protect your Status - file before your I-94 expires.

WARNING: Phrases in this post may sound meaner than they were intended to be. Read the Adjudicator's Field Manual from USCIS

Posted
Dear VJers,

I am K1 petitioner for my fiance abroad and during one of our phone conversation she stated that someone she know was asked to provid a DNA evidence because the counstular was suspicious that the married couples were related. They were not. Actually in love and married genuinely but the do resemble relatives. My questions is, does the counsular has the legal right to ask for DNA to test to eliminate or legitimate marital status?

Thank you all in advance,

HandA

I've only seen such when proof of parenthood is required for a CRBA. Consulars Report of Birth Abroad.

"Might" happen tho as COs can play GOD.

K1 denied, K3/K4, CR-1/CR-2, AOS, ROC, Adoption, US citizenship and dual citizenship

!! ALL PAU!

Posted
I've only seen such when proof of parenthood is required for a CRBA. Consulars Report of Birth Abroad.

"Might" happen tho as COs can play GOD.

I wouldn't say they are playing god - I have read of a case where a brother/sister got married, just for immigration purposes. (one is an USC, the other is not).

(will have to find the link again)

I would suspect if there is a lot of "evidence" leading to the suspicion - they will ask for it.

My Advice is usually based on "Worst Case Scenario" and what is written in the rules/laws/instructions. That is the way I roll... -Protect your Status - file before your I-94 expires.

WARNING: Phrases in this post may sound meaner than they were intended to be. Read the Adjudicator's Field Manual from USCIS

Posted
Dear VJers,

I am K1 petitioner for my fiance abroad and during one of our phone conversation she stated that someone she know was asked to provid a DNA evidence because the counstular was suspicious that the married couples were related. They were not. Actually in love and married genuinely but the do resemble relatives. My questions is, does the counsular has the legal right to ask for DNA to test to eliminate or legitimate marital status?

Thank you all in advance,

HandA

I've only seen such when proof of parenthood is required for a CRBA. Consulars Report of Birth Abroad.

"Might" happen tho as COs can play GOD.

The tests have been used for thousands of US residents that want to sponsor a relative into the country but for one reason or another they do not possess a birth certificate or any other identification to prove they are related. This is where immigration DNA testing comes into play.

K1 denied, K3/K4, CR-1/CR-2, AOS, ROC, Adoption, US citizenship and dual citizenship

!! ALL PAU!

Filed: Citizen (pnd) Country: Thailand
Timeline
Posted
I wouldn't say they are playing god - I have read of a case where a brother/sister got married, just for immigration purposes. (one is an USC, the other is not).

I do not want to know if that marriage was ever consummated.

Naturalization N-400

Filed: Citizen (apr) Country: Ukraine
Timeline
Posted
Dear VJers,

I am K1 petitioner for my fiance abroad and during one of our phone conversation she stated that someone she know was asked to provid a DNA evidence because the counstular was suspicious that the married couples were related. They were not. Actually in love and married genuinely but the do resemble relatives. My questions is, does the counsular has the legal right to ask for DNA to test to eliminate or legitimate marital status?

Thank you all in advance,

HandA

yes.

In the case where it is suspected a relative is commiting fraud, then yes, they may use DNA to determine iof the couple is really brother and sister, for example, and committing visa fraud.

The consulate has the right, and obligation, to do whatever they need to eliminate visa fraud. I certainly hope they do.

VERMONT! I Reject Your Reality...and Substitute My Own!

Gary And Alla

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

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