decided to take early dna testing before the interview , result is negative..what to do?

[VisaJourney2011 14]

Let me understand this. So she basically cheated on you with another man?

Why would anyone want to be with someone who cheated on them?

please help!

my wife and i decided to take dna before the interview

she said there's a possibility that im not the biological father..

the result is negative..it hurts me but i still love my wife and son

i dont care that im not the real father, for me he's my son

please help me what to do, i already paid the iv bill.

should i call nvc and say that i'll petition him as a stepchild?

[aboo 0]

Does she know who the real father is? Does the father know she was pregnant? Is the father somebody you should be afraid of? Does the child look like you? Do you think the child should have a relationship with his biological father? You have to consider all those ethical and legal questions, discuss them with your wife, her family, and with a lawyer, or parish priest if that seems necessary to answer all your questions.

yes she do know who is the father..he's a friend of her friend..it was a 1 night stand they got drunk at friends party

she doesnt know where he is now.. they didnt see each other after that night

yes the child looks like me that's why i didnt do the dna immediately..i thought he's mine..

[aboo 0]

Let me understand this. So she basically cheated on you with another man?

Why would anyone want to be with someone who cheated on them?

sadly,yes..

but i understand her.. i too cheated her..a lot..and she knows it,thats why we always fight..and that's why she did that..im blaming myself..

that was when were not yet married..

when we decided to get married we promise each other to be faithful..

i love her.. and i love the child.

[VisaJourney2011 14]

Wow... I don't know what to say but i wish all the best.

sadly,yes..

but i understand her.. i too cheated her..a lot..and she knows it,thats why we always fight..and that's why she did that..im blaming myself..

that was when were not yet married..

when we decided to get married we promise each other to be faithful..

i love her.. and i love the child.

Let me understand this. So she basically cheated on you with another man?

Why would anyone want to be with someone who cheated on them?

[Deputy Purple 1,294]

First regarding the US Embassy contacting the Biological father:

NO they won't. In the Philippines the biological father has no parental rights unless he is married to the mother when the child is born.

Second regarding the IR-2 petition for the child:

I'm assuming your filed IR-2 because you either weren't a US Citizen or didn't meet the residency requirements to pass US Citizenship to the child when the child was born, correct me if I'm wrong.

Don't cancel the I-130/IR-2 process. IR-2 is the correct Visa for a step-child of a US Citizen. Contact the NVC and make it clear that you are not the biological father.

There was another VJ user who's wife was raped and gave birth (after they were married) as a result. He was successful in securing a Visa for the child. I can't find his thread(s) or remember his name but I bet you could find it if you search.

[Carmi 4]

Wow.. people JUDGE before even knowing the entire story.. I thought this forum was to help with immigration process/questions.. we are not psychologists and we are not here to give personal advise unless someone is asking for our opinions of course..

Anyway.. just needed to say that..

As for your situation, I think that it does not matter who the biological father of the child is, legally YOU are the father, PERIOD. I think that you should just keep going with the whole process. Good luck!

Edited January 5, 2012 by Carmi

[Deputy Purple 1,294]

As for your situation, I think that it does not matter who the biological father of the child is, legally YOU are the father, PERIOD. I think that you should just keep going with the whole process. Good luck!

What you THINK doesn't matter, what the USCIS wants to know does matter.

The only way you could be more wrong is if you said it doesn't matter who either biological parent is.

USCIS makes a distinction between biological child and step child. If they are told he is the biological father then the US Embassy may ask for DNA. If DNA results are negative then there will be a charge of Material Misrepresentation.

In this case the US Embassy may still ask for DNA to prove he isn't the biological father since he did sign acknowledgement on the birth certificate.

Defining the qualifying relationship between the petitioner & beneficiary is a Material Fact, lie about it and get caught and you'll unleash a firestorm of USCIS trouble.

[Robert&Karen 264]

If the real father finds out he has a kid out there are you prepared for a possible deportation order for the child?

[Psalm139 5]

Does she know who the real father is? Does the father know she was pregnant? Is the father somebody you should be afraid of? Does the child look like you? Do you think the child should have a relationship with his biological father? You have to consider all those ethical and legal questions, discuss them with your wife, her family, and with a lawyer, or parish priest if that seems necessary to answer all your questions.

Well, first of all I would like to say that I am so proud of you for still loving your wife inspite of, and since she told you beforehand that you might not be the biological father you still chose to love her. Betrayal is not the question here, she still became honest with you ... as what you have said that she told you before hand.

I don't think this will be a big big trouble in the US Embassy, if you will just get a proper advise. I would suggest that you will seek an expert to this kind of case, try to look at the internet if you can find a US immigration lawyer that is free and then you probably can email him or what about this case. It would be better not to listen to anyone but to an expert to this, so that u will not get confused.

[Al and Patricia 23]

You are a good...no a great man. I really hope your marriage works out and she appreciates the man you are

[Obc333 24]

It is obvious that this person does not care if the child is his biologically. He loves the child and wants him to be a part of his life. He is asking advice on how to go about how to do that, I think that's what we should give him advice on and not how he wants to deal with his personal relationship with his wife.

I think you should be honest in your immigration proceedings, let them know the child is not biologically yours, and see about filing for him as a stepchild. I suggest you seek the aid of an attorney if you can afford.

[Deputy Purple 1,294]

If the real father finds out he has a kid out there are you prepared for a possible deportation order for the child?

Have you read any of the replies that are from people who actually under the Family Code in the Philippines?

As I have stated at least twice in this thread alone, since the bio father wasn't married to the mother under Philippine law he has no legal parental rights. This is a none issue.

The only issue here is how to handle the situation with USCIS, letting them know that he's not the bio father so there is no Material Misrepresentation involved in the case.

[Pilipinoako 1]

markym

when was your son born? Was he born after you were married? If yes, Probably they won't request for a DNA test.I don't think you should call the uscis at this time. Keep calm

Edited January 5, 2012 by Pilipinoako

[Deputy Purple 1,294]

markym

when was your son born? Was he born after you were married? If yes, Probably they won't request for a DNA test. Keep calm

Why take the chance? If they do question it and they've not been honest on the forms then are you going to help them get the kid and his wife her (since she'll sign the DS-230 for the minor and be at the interview I'd imagine she'll be on the hook for Material Misrepresentation).

Don't be so reckless as telling someone to ignore the lifetime ban that could result if they do ask for a DNA test.

[Robert&Karen 264]

Have you read any of the replies that are from people who actually under the Family Code in the Philippines?

As I have stated at least twice in this thread alone, since the bio father wasn't married to the mother under Philippine law he has no legal parental rights. This is a none issue.

The only issue here is how to handle the situation with USCIS, letting them know that he's not the bio father so there is no Material Misrepresentation involved in the case.

What if the father immigrates to the US one day and demands rights? What if the father confronts her at the airport? I'd definitely seek closure.