DNA NIghtmare!!

[mandyt 0]

Hey guys I have been posting on behalf of my friend now for the past couple of days. I have gotten some insight on the issue at hand based on the answers we have been getting. We need to tell you exactly what happened, so maybe we can further be helped.

Here goes:

It was the family based petition visa that was denied. My friend is 34 years old. It all happened after a DNA Test. It was negative. The problem is that her now "stepfather" (unbeknowing to both her and her father) was actually married to her mother when she was 9 years old, later divorced and then he remarried an US Citizen. They have always maintained their relationship because they always thought that they were biologically related.

We read upon Immigration Law from a website where it says that if they were married before her 18th Birthday and if the relationship existed after a divorce then they would qualify as stepfather/stepdaughter.

So we were just wondering how is this appealed? Can it actually be fixed?

Thanks again guys.

[YuAndDan 153]

I believe that in order to file a step child the step parent needs to be still married to step child's parent.

But the I-130 instructions are not clear on this. What it says is:

[Deputy Purple 1,294]

We read upon Immigration Law from a website where it says that if they were married before her 18th Birthday and if the relationship existed after a divorce then they would qualify as stepfather/stepdaughter.

How about providing a link to where you found this tidbit as it contradicts the standard definition of Step-Parent and the I-130 instructions don't mention it.

[belinda63 2,981]

As far as I know divorce severs the step-parent/child relationship.

[LIFE'SJOURNEY 970]

What would help is a time line of the relationship between the child and step/father. The embassy has manyWhat would help is a time line of the relationship between the child and step/father. The embassy has many pieces of information available to them to base their decision on; as well as the negative DNA results.

[NigeriaorBust 4,087]

Divorce stopped the step parent relationship. After that they were merely friends. There is no petitionable relationship at this point.

[RICARDO4EVA2 194]

Correct no approved case if the marriage was terminated... You're not related....

[mandyt 0]

What would help is a time line of the relationship between the child and step/father. The embassy has manyWhat would help is a time line of the relationship between the child and step/father. The embassy has many pieces of information available to them to base their decision on; as well as the negative DNA results.

Well the beneficiary is now 33 years old. The step-father married the mother when she was 9 years old. They divorced when she was 19 years old. He filed for her when she turned 26 years of age. They never stopped having a relationship because they thought that they were biologically related.

Thanks.

[mandyt 0]

How about providing a link to where you found this tidbit as it contradicts the standard definition of Step-Parent and the I-130 instructions don't mention it.

This falls under :

9FAM 40.1 N2.2 NOTES

9 FAM 40.1 N2.2 Stepchild Relationship Under INA

101(b)(1)(B)

(CT:VISA-826; 07-20-2006)

The provisions of INA 101(b)(1)(B) provide for the creation of a step relationship

between the natural offspring (whether or not born out of

wedlock) of a parent and that parent’s spouse. Such step relationship is

created as a result of the marriage of the offspring’s natural parent to a

spouse and must be based on a marriage that is or was valid for all

purposes, including immigration purposes. The offspring must be or have

been under the age of 18 at the time the marriage takes place in order to

acquire the benefits as a child under INA 101(b)(1)(B). No previous meeting

of the offspring and the new parent is required. In addition, if the marriage

between the natural parent and stepparent is still in effect (i.e., the

marriage has not been terminated by divorce or by death of the natural

parent), there is no requirement that an emotional relationship exist

between the stepchild and stepparent.

Also Instructions for I-130 form states the same thing, only not in so much detail.

Edited January 6, 2011 by mandyt

[LIFE'SJOURNEY 970]

This falls under :

9FAM 40.1 N2.2 NOTES

9 FAM 40.1 N2.2 Stepchild Relationship Under INA

101(b)(1)(B)

(CT:VISA-826; 07-20-2006)

The provisions of INA 101(b)(1)(B) provide for the creation of a step relationship

between the natural offspring (whether or not born out of

wedlock) of a parent and that parent’s spouse. Such step relationship is

created as a result of the marriage of the offspring’s natural parent to a

spouse and must be based on a marriage that is or was valid for all

purposes, including immigration purposes. The offspring must be or have

been under the age of 18 at the time the marriage takes place in order to

acquire the benefits as a child under INA 101(b)(1)(B). No previous meeting

of the offspring and the new parent is required. In addition, if the marriage

between the natural parent and stepparent is still in effect (i.e., the

marriage has not been terminated by divorce or by death of the natural

parent), there is no requirement that an emotional relationship exist

between the stepchild and stepparent.

Also Instructions for I-130 form states the same thing, only not in so much detail.

The problem is the father was not a USC or LPR at the time he married the Stepchild's mother. Therefore this does not apply to their situation.

[YuAndDan 153]

This falls under :

9FAM 40.1 N2.2 NOTES

9 FAM 40.1 N2.2 Stepchild Relationship Under INA

101(b)(1)(B)

(CT:VISA-826; 07-20-2006)

The provisions of INA 101(b)(1)(B) provide for the creation of a step relationship

between the natural offspring (whether or not born out of

wedlock) of a parent and that parent’s spouse. Such step relationship is

created as a result of the marriage of the offspring’s natural parent to a

spouse and must be based on a marriage that is or was valid for all

purposes, including immigration purposes. The offspring must be or have

been under the age of 18 at the time the marriage takes place in order to

acquire the benefits as a child under INA 101(b)(1)(B). No previous meeting

of the offspring and the new parent is required. In addition, if the marriage

between the natural parent and stepparent is still in effect (i.e., the

marriage has not been terminated by divorce or by death of the natural

parent), there is no requirement that an emotional relationship exist

between the stepchild and stepparent.

Also Instructions for I-130 form states the same thing, only not in so much detail.

Note, what is bolded.

[LIFE'SJOURNEY 970]

This falls under :

9FAM 40.1 N2.2 NOTES

9 FAM 40.1 N2.2 Stepchild Relationship Under INA

101(b)(1)(B)

(CT:VISA-826; 07-20-2006)

The provisions of INA 101(b)(1)(B) provide for the creation of a step relationship

between the natural offspring (whether or not born out of

wedlock) of a parent and that parent’s spouse. Such step relationship is

created as a result of the marriage of the offspring’s natural parent to a

spouse and must be based on a marriage that is or was valid for all

purposes, including immigration purposes. The offspring must be or have

been under the age of 18 at the time the marriage takes place in order to

acquire the benefits as a child under INA 101(b)(1)(B). No previous meetingof the offspring and the new parent is required. In addition, if the marriage

between the natural parent and stepparent is still in effect (i.e., the

marriage has not been terminated by divorce or by death of the natural

parent), there is no requirement that an emotional relationship exist

between the stepchild and stepparent.

Also Instructions for I-130 form states the same thing, only not in so much detail.

What I have bolded is what you must accept.

[YuAndDan 153]

Is a lawyer involved? This is a case where a good immigrations attorney may be needed to sort out the details.

This is a case of interpretation of a fine point of immigrations law, which is the domain of lawyers and judges.

[mandyt 0]

The problem is the father was not a USC or LPR at the time he married the Stepchild's mother. Therefore this does not apply to their situation.

How do you arrive at that conclusion from the thread that I supported you? That is nowhere to be found in the I-130 Notes or the 9FAM notes. Please show me. It does not say that he must have been an LPR or USC at the time he marries her mother. Remeber he is a Naturalized Citizen, the marriage took place when he was a Jamaican Citizen. Please help me with your analysis.

Edit: Under US immigration law. This is from 9 FAM 42.21 N9 (the State Dept manual for visas available on-line at travel.state.gov: A stepparent or stepchild may confer or derive immigrant status even when parties to a marriage creating the stepparent/stepchild relationship have legally separated provided the family relationship has continued to exist between the stepparent and stepchild.

NOTE: The stepparent-stepchild relationship must have been established prior to the stepchild's 18th birthday

[mandyt 0]

Is a lawyer involved? This is a case where a good immigrations attorney may be needed to sort out the details.

This is a case of interpretation of a fine point of immigrations law, which is the domain of lawyers and judges.

Yes, we think you are right. An expert is needed here because we have read and re-read and now we are confused based on all the different information we are getting. We are so grateful for all the responses. Thanks.

What I have bolded is what you must accept.

Exactly your bold makes our point. It clearly states if the marriage is or was, meaning existing or not. Stepfather married mother before child turned 18 years. The other section about divorce means that proof must exist to show relationship never ended after marriage to natural parent.

Edited January 6, 2011 by mandyt