Green Card Denied

[ceadsearc 515]

We got grilled on my daughter's paternity too, because I wasn't married when I got pregnant (but was when she was born). Didn't ask for DNA, just asked us a hundred questions, told us "we'll see, we may need more evidence" ... but we got a notice of approval 10 days later. Id just do the test and get it over with.

[portbar 2]

We got grilled on my daughter's paternity too, because I wasn't married when I got pregnant (but was when she was born). Didn't ask for DNA, just asked us a hundred questions, told us "we'll see, we may need more evidence" ... but we got a notice of approval 10 days later. Id just do the test and get it over with.

This is obviously where the problem is (1) You guys were not married when you concieved but married when the child born. USCIS and DOS are very suspicious when alien mother marry US Citizen when they are pregnant.....it appears as if they are looking for US citizenship for the child. (2) Did the husband available when the child concieved. They are likely now looking if both of you were at the same place (country) when the child concieved. (3) You said "but was when she was born" seem to be the child didn't even born in wedlock. They may be trying to cover the ashes because they crew with the CBRA....thinking the child born in wedlock when they should have ordered a DNA Test. (4) Information that you have given on the petition for your wife may contradict information given on CBRA. If this turn out to be a fraud and/or misrepresentation, the petition will be denied and the wife banned, the child citizenship will be revoked and USCIS may bring the US citizen father to the Ferderal court for revocation of citizenship.

[VanessaTony 3,567]

This is obviously where the problem is (1) You guys were not married when you concieved but married when the child born. USCIS and DOS are very suspicious when alien mother marry US Citizen when they are pregnant.....it appears as if they are looking for US citizenship for the child. (2) Did the husband available when the child concieved. They are likely now looking if both of you were at the same place (country) when the child concieved. (3) You said "but was when she was born" seem to be the child didn't even born in wedlock. They may be trying to cover the ashes because they crew with the CBRA....thinking the child born in wedlock when they should have ordered a DNA Test. (4) Information that you have given on the petition for your wife may contradict information given on CBRA. If this turn out to be a fraud and/or misrepresentation, the petition will be denied and the wife banned, the child citizenship will be revoked and USCIS may bring the US citizen father to the Ferderal court for revocation of citizenship.

The person you replied to is NOT the OP

[JimVaPhuong 4,863]

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.

There is no statutory requirement that the father's name or signature be on the birth certificate in order for a CRBA to be approved. There isn't even a requirement that the father be present when the child is born. If the child is born out of wedlock with a US citizen father then there is a statutory requirement for a blood relationship with the US citizen father to be proven. This is defined in INA 309(a):

a blood relationship between the person and the father is established by clear and convincing evidence

The OP's signature and timeline indicate she entered with a K1 visa last August, and was married a week later. She also indicates their daughter is 21 months old, which means she was born out of wedlock. In fact, she was born before the K1 visa petition was submitted. Given the circumstances, I'm surprised the consulate didn't order a DNA test. They probably should have, and that may be why USCIS is asking for one now. It's just unusual for USCIS to question this since it's the Department of State's jurisdiction to adjudicate a CRBA.

This is obviously where the problem is (1) You guys were not married when you concieved but married when the child born. USCIS and DOS are very suspicious when alien mother marry US Citizen when they are pregnant.....it appears as if they are looking for US citizenship for the child. (2) Did the husband available when the child concieved. They are likely now looking if both of you were at the same place (country) when the child concieved. (3) You said "but was when she was born" seem to be the child didn't even born in wedlock. They may be trying to cover the ashes because they crew with the CBRA....thinking the child born in wedlock when they should have ordered a DNA Test. (4) Information that you have given on the petition for your wife may contradict information given on CBRA. If this turn out to be a fraud and/or misrepresentation, the petition will be denied and the wife banned, the child citizenship will be revoked and USCIS may bring the US citizen father to the Ferderal court for revocation of citizenship.

What you say about marrying after the baby is conceived but before the baby is born is true. It doesn't apply to the OP's case because she wasn't married when the child was born, so the requirements for a CRBA are supposed to be more strict.

If the father is a US citizen by birth then USCIS cannot revoke his citizenship. They could only prosecute him. They also do not normally revoke the citizenship of a naturalized citizen if they commit a crime, unless the crime was committed before they became a US citizen and the crime should have made them ineligible for citizenship.

[Amanda2020 1]

This is quite mind bonking, thank you for all the replies, we dont have much choice but to go with the paternity test and the stokes interview which I assume I will have after. I am rather glad I do though, my hubby and I want to find out if it really was someone tipping them off or not. We've been having issues with his biological father wanting back in his life after he has told him countless times he wants nothing to do with him, were pretty certain he had something to do with this which we have evidence to show his been "harassing" us, we know the paternity test will be positive we have everything else so I am not worried about that at all, I am just worried about how much they need to prove or his credit whatever reason they have for wanting us to get the DNA test done.

[ceadsearc 515]

The person you replied to is NOT the OP

Yup, not the OP, sorry - just giving my experience to the OP so she could see how it panned out for us. In our case I am the USC/mother, and we did get married shortly before my daughter was born. We were grilled about dates of conception, was I certain of paternity, etc. but I think my daughter being the spitting image of her father worked in our favor. OP, I hope you get things worked out for you! I was really terrified after our interview that they'd start doing RFEs, etc. but they did approve it. I know they already requested more evidence from you, but hopefully that will suffice and you'll be on your way.

[Myopia 93]

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.

That's what I was thinking because I have children that were born to a USC father outside of the US but he was there to sign the Birth certificates and that is one of the proofs that is asked for in the embassies when applying for a CRBA. If he didnt sign and just signed the affidavit which he has to sign as they werent married then maybe they thought there was a mistake.

[Amanda2020 1]

Some updates to my case, found out that the USCIS did infact received a letter diregarding me and such, the letter was sent by my husband's biological father to whom we've had alot of issues with for over a year now. We are very upset about this and to the point that we want to press charges, we want to bring this matter into there eyes as I assume what he did was wrong and illegal. Any advice is appriciated thank you again for all the replies and tips.

[RICARDO4EVA2 194]

Some updates to my case, found out that the USCIS did infact received a letter diregarding me and such, the letter was sent by my husband's biological father to whom we've had alot of issues with for over a year now. We are very upset about this and to the point that we want to press charges, we want to bring this matter into there eyes as I assume what he did was wrong and illegal. Any advice is appriciated thank you again for all the replies and tips.

Charges for opening your letter/s..?

[Amanda2020 1]

We want to be able to prove who sent the letter to them, as they are not telling us the reason they want more information proving the relationship because they dont have credible information.

[RICARDO4EVA2 194]

i want the best for your case.. but since he did not open your mail... i dont see a way to charge someone. if anything uscis would need to pursue that channel - no?

[Amanda2020 1]

I dont know what you mean or understand what I posted, do you mean to say that I send the letter?

[LIFE'SJOURNEY 970]

We want to be able to prove who sent the letter to them, as they are not telling us the reason they want more information proving the relationship because they dont have credible information.

You are wasting time and effort on trying to prove something. You need to provide USCIS the information that they have requested, if you are 100% sure of the DNA, then your post is a moot point. Immigration can request whatever evidence or documentation that they need to approve or deny a case. Why are so people trying to circumvent the process. USCIS can put your entire case on hold, and make you wait for years for an answer if that is what they need to do, in order to render the correct decision of your case. Get the DNA and call it a day.

[VanessaTony 3,567]

Some updates to my case, found out that the USCIS did infact received a letter diregarding me and such, the letter was sent by my husband's biological father to whom we've had alot of issues with for over a year now. We are very upset about this and to the point that we want to press charges, we want to bring this matter into there eyes as I assume what he did was wrong and illegal. Any advice is appriciated thank you again for all the replies and tips.

Unfortunately there's nothing you can do. How did you find out he sent a letter?

USCIS won't tell you what the letter said, they're not allowed (for privacy reasons because it's not YOUR letter). You could attempt to sue your husbands father for defamation but without the letter as proof it won't go anywhere plus he could just say he was doing what was right and honest and it was easy for you to disprove.

You could get a restraining order against him but that doesn't stop him from sending stuff to USCIS, just will stop you having to deal with him and also shows that you've had issues with him if he tries something else.

USCIS don't typically rely on a letter alone but they can allow it as part of evidence against you which you have to overcome. As you've never done a DNA test for the child they can ask that you do one because they have a letter saying you lied about it. Proving the child IS your husbands lowers thee credibility of the letter from your FIL. So just overcome it by doing the DNA test and be done with it. That's probably what the USCIS officer meant by "stopping issues later".

I'm sorry, it's obvious FIL is against your relationship and doesn't like you and wants your AOS denied and you deported (he probably doesn't know that's not how it works).

Above all else my advice is this - do NOT let him know that you're worried. Do NOT let him know that this is causing issues for you. Instead do what you can to overcome it (the DNA test) and then take out the restraining order... or take out the order now.

[Amanda2020 1]

Well that is too late, we've done evrything we could to stop him, including moving states which he knows where we live and that we've moved here, my husband does not want anything to do with him but he will not understand. It has come to the point of stalking and invasion of privacy which I can not take anymore. I found out about the letter last weekend from his daughter she read the letter she found without her dad knowing he was going to sent it. She told me what some of it said from what she got herself. His more that his against our relationship because he feels I am keeping his son away from letting him reconcile his faults and he wants to see our daughter which we deny. I understand USCIS steps towards it, and what you have mentioned however we do have other evidence that states his interference and compromising of my petition. Were most likley getting a lawyer and bringing him to court, not for the restraining order alone,I am sure stalking can account for alot more.