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Thanks, well I can definately tell you it is not anyone in our family from Canada, but now that you mention that someone can actually do that, has me worried, and thinking of one person that may have tried to compramise something which i really hope its not true.

Edited by Amanda2020

K1 Timeline

I-129F sent to Vermont Service Centre: 08/19/2009

NOA1 Notice Date: 09/03/2009

NOA1 Hard Copy received: 09/10/2009

NOA2 Notice Date: 11/25/2009

NVC Received : 12/01/2009

NVC Left : 12/02/2009

Consulate Received : 12/03/2009

Consulate sent packet 3: 12/09/2009

Packet 3 received by me: 12/15/2009

Packet 3 faxed to consulate: 12/16/2009

Packet 3 sent to consulate: 01/06/2010

Packet 3 received by consulate: 01/08/2010

Packet 3 logged:01/25/2010

Packet 4 Received: 02/10/2010

Medical!: 02/01/2010

Interview: 04/16/2010

POE: Aug 7th, 2010

Wedding: August 14 2010 YAY

SSN Received: September 8th, 2010

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Filed: K-1 Visa Country: Vietnam
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Did you have to do a DNA test when you filed the CRBA? If so then there's no reason USCIS should be questioning this now. On the other hand, if your husband only signed a paternity claim then it's within their jurisdiction to question the paternity. The real scary part is if the DNA test turns out negative. The CRBA would be determined to be fraudulent, and you could be banned from the US forever. Obviously, your child's US citizenship would be revoked.

It's certainly possible that somebody sent a derogatory complaint to USCIS or ICE that caused this to happen, but there's no point in fretting over it now. Even if you find out it's true it isn't going to change the fact that you now have to deal with USCIS and whatever suspicions they have. Get the DNA test as soon as possible.

12/15/2009 - K1 Visa Interview - APPROVED!

12/29/2009 - Married in Oakland, CA!

08/18/2010 - AOS Interview - APPROVED!

05/01/2013 - Removal of Conditions - APPROVED!

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No we didnt, he just filled the affidavit to establish paternity when we applied for her citizenship, thing is up until now they had no complaints or reason to believe its a fradulant relationship, we have enough evidence to claim that a whole folder that is we took to every interview and up till now we've even been given compliments on the amount of information we have and how prepared we were everytime. In talking to my hubby about it, he says its been on his mind all day since we left that they were pretty avoidant about it till the officer said he cannot approve me because they need one thing, which he then mentioned the test, but didnt say anything that they received any anonomys tips or anything, although he did ask that they do have record that I stayed in florida for four months while waiting for my NOA but that should not be red flag I was still in the legal six months visitation allowed for Canadian without a visa, so I wouldnt think its cause of that.

K1 Timeline

I-129F sent to Vermont Service Centre: 08/19/2009

NOA1 Notice Date: 09/03/2009

NOA1 Hard Copy received: 09/10/2009

NOA2 Notice Date: 11/25/2009

NVC Received : 12/01/2009

NVC Left : 12/02/2009

Consulate Received : 12/03/2009

Consulate sent packet 3: 12/09/2009

Packet 3 received by me: 12/15/2009

Packet 3 faxed to consulate: 12/16/2009

Packet 3 sent to consulate: 01/06/2010

Packet 3 received by consulate: 01/08/2010

Packet 3 logged:01/25/2010

Packet 4 Received: 02/10/2010

Medical!: 02/01/2010

Interview: 04/16/2010

POE: Aug 7th, 2010

Wedding: August 14 2010 YAY

SSN Received: September 8th, 2010

AOS Timeline

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Filed: K-1 Visa Country: Vietnam
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No we didnt, he just filled the affidavit to establish paternity when we applied for her citizenship, thing is up until now they had no complaints or reason to believe its a fradulant relationship, we have enough evidence to claim that a whole folder that is we took to every interview and up till now we've even been given compliments on the amount of information we have and how prepared we were everytime. In talking to my hubby about it, he says its been on his mind all day since we left that they were pretty avoidant about it till the officer said he cannot approve me because they need one thing, which he then mentioned the test, but didnt say anything that they received any anonomys tips or anything, although he did ask that they do have record that I stayed in florida for four months while waiting for my NOA but that should not be red flag I was still in the legal six months visitation allowed for Canadian without a visa, so I wouldnt think its cause of that.

They wouldn't likely give any credence to an anonymous tip. Unless they know who sent the tip, and how that person knows you, then they don't know if the information is credible.

It's also not likely they would tell you if they received any information from anyone else. They tend to hold their cards close so as not to tip their hand.

At this point, they're thinking that a DNA test has a reasonable chance of disproving paternity, for whatever reason. That would blow an enormous hole in your AOS application.

12/15/2009 - K1 Visa Interview - APPROVED!

12/29/2009 - Married in Oakland, CA!

08/18/2010 - AOS Interview - APPROVED!

05/01/2013 - Removal of Conditions - APPROVED!

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Yea, this is just what I need the test isnt going to prove any different, once they prove otherwise would I still need a stokes interview? we have a feeling of who may have tiped them off which I hope its not true but do not put it past him. Is there a way to prove it like could we maybe ask if there was some tip made to them?

K1 Timeline

I-129F sent to Vermont Service Centre: 08/19/2009

NOA1 Notice Date: 09/03/2009

NOA1 Hard Copy received: 09/10/2009

NOA2 Notice Date: 11/25/2009

NVC Received : 12/01/2009

NVC Left : 12/02/2009

Consulate Received : 12/03/2009

Consulate sent packet 3: 12/09/2009

Packet 3 received by me: 12/15/2009

Packet 3 faxed to consulate: 12/16/2009

Packet 3 sent to consulate: 01/06/2010

Packet 3 received by consulate: 01/08/2010

Packet 3 logged:01/25/2010

Packet 4 Received: 02/10/2010

Medical!: 02/01/2010

Interview: 04/16/2010

POE: Aug 7th, 2010

Wedding: August 14 2010 YAY

SSN Received: September 8th, 2010

AOS Timeline

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Filed: IR-1/CR-1 Visa Country: Russia
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It's certainly possible that somebody sent a derogatory complaint to USCIS or ICE that caused this to happen, but there's no point in fretting over it now. Even if you find out it's true it isn't going to change the fact that you now have to deal with USCIS and whatever suspicions they have. Get the DNA test as soon as possible.

That is what went through my mind when I read this thread, or there is some contradictory or confusing evidence they submitted that sent the IO on a tangent.

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Filed: Citizen (apr) Country: Australia
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Yea, this is just what I need the test isnt going to prove any different, once they prove otherwise would I still need a stokes interview? we have a feeling of who may have tiped them off which I hope its not true but do not put it past him. Is there a way to prove it like could we maybe ask if there was some tip made to them?

Honestly it COULD be something someone told them but it could just as likely be a "hunch" they have. I wouldn't worry too much about it because as you said, you have more than enough evidence to prove the relationship.

Would a Stokes still be required if the child is proven to be his? Maybe. Proving the child is his is one thing, but that alone shouldn't be the thing that proves your relationship. See normally you would have been issued an RFE and been told that once you send what's required you would be approved / denied / asked for more info. I've never heard/read of someone being told they'll be called back in when the RFE is received (though I could be mistaken), THAT'S what tells me you might be getting a Stokes interview. Why else would they be calling you back in? They don't need you to process the results, they don't need you to approve.. unless the RFE isn't the end of it.

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Honestly it COULD be something someone told them but it could just as likely be a "hunch" they have. I wouldn't worry too much about it because as you said, you have more than enough evidence to prove the relationship.

Would a Stokes still be required if the child is proven to be his? Maybe. Proving the child is his is one thing, but that alone shouldn't be the thing that proves your relationship. See normally you would have been issued an RFE and been told that once you send what's required you would be approved / denied / asked for more info. I've never heard/read of someone being told they'll be called back in when the RFE is received (though I could be mistaken), THAT'S what tells me you might be getting a Stokes interview. Why else would they be calling you back in? They don't need you to process the results, they don't need you to approve.. unless the RFE isn't the end of it.

I thought I read somewhere that they have to tell you your interview will be a Stokes interview when they ask you to return.

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And in this crazy life, and through these crazy times

It's you, it's you, You make me sing.

You're every line, you're every word, you're everything.

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ROC Timeline

Sent: 7/21/12

NOA1: 7/23/12

Touch: 7/24/2012

Biometrics: 8/24/2012

Card Production Ordered: 3/6/2013

*Eligible for Naturalization: October 13, 2013*

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Filed: Citizen (apr) Country: Australia
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I thought I read somewhere that they have to tell you your interview will be a Stokes interview when they ask you to return.

I wasn't aware of that. I know they call it a second interview. I will google and be back... everything I've found it just seems to refer to "second interview" and that that means "Stokes"... and the OP did say they they would be asked to go back when the results of the DNA test were received but she also said that it was a tough first interview.. Hmm time will tell. I would still prepare just in case.

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Perhaps only in some jurisdictions they will call it a Stokes interview and others simply a second? I don't really know.

England.gif England!

And in this crazy life, and through these crazy times

It's you, it's you, You make me sing.

You're every line, you're every word, you're everything.

b0cb1a39c4.png

ROC Timeline

Sent: 7/21/12

NOA1: 7/23/12

Touch: 7/24/2012

Biometrics: 8/24/2012

Card Production Ordered: 3/6/2013

*Eligible for Naturalization: October 13, 2013*

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Did your husband sign the birth certificate for the child?

At the end of the day maybe they are just covering their bases. Your child has a claim to citizenship through her father. Its a quicker way of being American than through a green card as a step daughter.

03/09/2011 AOS Application Sent.
03/11/2011 (Day 0) Application Received
03/16/2011 (Day 7) NOA 1 (Text Email)+ (Checks Cashed)
03/19/2011 (Day 10) Hard Copy of NOA 1
03/28/2011 (Day 19) Biometrics letter 4/8/2011
04/08/2011 (Day 30) Successful Biometrics for I-765/I-485
05/13/2011 (Day 65) EAD received in the mail
05/14/2011 (Day 66) Email confirming EAD approved (Case updated online TOUCH)
05/20/2011 (Day 72) SSN In the Mail.

09/08/2011 (Day 200 ) Email notification of Interview.
10/11/2011 Interview at 26 Federal Plaza, NY!
Interviewed and Am expecting RFEs!
10/13/2011 (Day ***) Received RFE-- Requesting that I provide documentation to prove I was never married in Uk or Illin
02/11/2012 (Day ***) Service request..Told its being reviewed by supervisor

24th March 2012!!!!!!!!!!! Email notifiying me of CARD IN PRODUCTION
03/26/2012 (Day 376) Emails confirming that my I-130 and I-485 have been approved.

4/2/2012 Green Card In Hand!

Unbelievable that my journey took this long but Im thankful

Next Stop Premed...Yup!

3/24/2014 Application for conditions to be removed

9/22/2014 APPROVED without interview.

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Filed: K-1 Visa Country: Vietnam
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Did your husband sign the birth certificate for the child?

At the end of the day maybe they are just covering their bases. Your child has a claim to citizenship through her father. Its a quicker way of being American than through a green card as a step daughter.

The child's claim to US citizenship has already been processed and approved. They have the CRBA and the child has a US passport. It's not at all unusual for a consulate to ask for a DNA test as a requirement before approving a CRBA. It's highly unusual for USCIS to resurrect a citizenship claim that's already been approved and ask for a DNA test unless they have a strong suspicion that the CRBA should not have been approved.

Whether there will be a Stokes interview is anybody's guess. If the DNA test doesn't confirm paternity then that's the end of the case. The AOS will be denied, the applicant will be banned for material misrepresentation, and the child's US citizenship will be revoked. If the DNA test confirms paternity then they might go ahead and approve the AOS without any further interview, or they might not. I agree with Vanessa - the fact that the first interview was rough indicates they are very suspicious.

12/15/2009 - K1 Visa Interview - APPROVED!

12/29/2009 - Married in Oakland, CA!

08/18/2010 - AOS Interview - APPROVED!

05/01/2013 - Removal of Conditions - APPROVED!

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The child's claim to US citizenship has already been processed and approved. They have the CRBA and the child has a US passport. It's not at all unusual for a consulate to ask for a DNA test as a requirement before approving a CRBA. It's highly unusual for USCIS to resurrect a citizenship claim that's already been approved and ask for a DNA test unless they have a strong suspicion that the CRBA should not have been approved.

Whether there will be a Stokes interview is anybody's guess. If the DNA test doesn't confirm paternity then that's the end of the case. The AOS will be denied, the applicant will be banned for material misrepresentation, and the child's US citizenship will be revoked. If the DNA test confirms paternity then they might go ahead and approve the AOS without any further interview, or they might not. I agree with Vanessa - the fact that the first interview was rough indicates they are very suspicious.

But that 'strong' suspicion may have arisen if the father was not present at the birth and therefore did not sign the birth certificate. I don't know, but is the father's signature on the birth certificate a necessary component of getting a child's CRBA approved? In this case the OP states that her husband completed an affidavit attesting to the child's paternity which is what was used to apply for the CRBA, not that his signature is present on the birth certificate. That may very well be the reason USCIS has become unnecessarily suspicious and asking for the DNA test.

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Filed: K-1 Visa Country: Haiti
Timeline

That sheet is crazy, but good to know!

I-129F Fiance Visa

For full details see my "About me"

USCIS

11-22-2010 Received NOA1 01-27-2011 --> NOA2 *APPROVED!!!! (email)

NVC

02-24-2011 Receive Packet 3.5 via email --> 03-18-2011 Packet 3.5 Submitted

04-05-2011 Receive Packet 4

04-08-2011 INTERVIEW *APPROVED!!!!* --> 04-18-2011 Visa in hand

05-04-2011 **POE** JFK, NYC

AOS

05-21-2011 Social Security Card

06-18-2011 MARRIED!

07-11-2011 Filed AOS - 485, EAD, AP

07-13-2011 Received Confirmation email 07-14-2011 check cashed

07-18-2011 NOA1, I-797C received for AOS, EAD, AP

07-22-2011 Received Biometrics Appointment Notice

08-15-2011 Biometrics Appointment

09-09-2011 EAD and AP Approval notices via email

09-20-2011 Receive EAD/AP Card in the mail

09-29-2011 Interview! APPROVED!!!!

10-03-2011 Receive Welcome Letter

10-08-2011 Receive Greencard

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