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

[Palladin 18]

For the twentieth time in the thread alone, WRONG WRONG WRONG...

In the Philippines if the biological father isn't married to the mother when the child is born then he HAS NO PARENTAL RIGHTS. We immigrated my wife's two minor sons to the US despite the father not really wanting it to happen. Both of their birth certificates have the bio father's signature acknowledging paternity but since they weren't married he legally is a non-entity. The US Embassy is aware of this and therefore doesn't request input from the bio father in these cases.

Thanks for the clarification.

Now it seems the OP is in a much better position as long as he choose to continue this relationship and accept the son. I think there is probably no more issue:

1. He put his name on the birth certificate to claim himself as the father. The certificate is never challenged. Did he ever make the "bio" claim here? If no such "bio" wording on the birth certificate then it is perfectly OK.

2. He petitioned for the son as a child of his. Bio or not bio, he married that woman and the child becomes his, regardless whether the child is a biological child or not. So he is rightful to file CR2 petition in any case. The question of whether bio or non-bio, is no longer a material fact that will make a difference in determining immigration benefit, thus it is not a big problem whether you have disclose it or not. But if you did put it on the form some where to indicate that he is your bio child, then you need to clarify it. If nothing on the form makes the bio suggestion, then you are probably OK.

I see no need for the US Consulate to request a DNA test. Whether or not the DNA matches the son still qualify for the same type of immigration benefit, as a natural son or a step son, so why would they bother?

[I AM NOT THAT GUY 5,715]

Thanks for the clarification.

Now it seems the OP is in a much better position as long as he choose to continue this relationship and accept the son. I think there is probably no more issue:

1. He put his name on the birth certificate to claim himself as the father. The certificate is never challenged. Did he ever make the "bio" claim here? If no such "bio" wording on the birth certificate then it is perfectly OK.

2. He petitioned for the son as a child of his. Bio or not bio, he married that woman and the child becomes his, regardless whether the child is a biological child or not. So he is rightful to file CR2 petition in any case. The question of whether bio or non-bio, is no longer a material fact that will make a difference in determining immigration benefit, thus it is not a big problem whether you have disclose it or not. But if you did put it on the form some where to indicate that he is your bio child, then you need to clarify it. If nothing on the form makes the bio suggestion, then you are probably OK.

I see no need for the US Consulate to request a DNA test. Whether or not the DNA matches the son still qualify for the same type of immigration benefit, as a natural son or a step son, so why would they bother?

Fraud. They have been known to DNA test the mother as well.

Edited January 6, 2012 by ☼

[Deputy Purple 1,294]

2. He petitioned for the son as a child of his. Bio or not bio, he married that woman and the child becomes his, regardless whether the child is a biological child or not. So he is rightful to file CR2 petition in any case. The question of whether bio or non-bio, is no longer a material fact that will make a difference in determining immigration benefit, thus it is not a big problem whether you have disclose it or not. But if you did put it on the form some where to indicate that he is your bio child, then you need to clarify it. If nothing on the form makes the bio suggestion, then you are probably OK.

I see no need for the US Consulate to request a DNA test. Whether or not the DNA matches the son still qualify for the same type of immigration benefit, as a natural son or a step son, so why would they bother?

Here's the issue:

For Immigration purposes USCIS recognizes 3 parent/child relationships:

1. Biological Child

2. Adopted Child (meeting specific requirements)

3. Step Child

For the I-130 Petition you have to establish the beneficiary's relationship to the US Citizen:

For a BIOLOGICAL child you use the child's birth certificate which lists the US Citizen as their birth parent.

For an ADOPTED child you use the adoption paperwork and other documents to prove the child meets the requirements (orphan etc).

For a STEP child you use the marriage certificate between the step parent & biological parent and the child's birth certificate showing the relationship to the biological parent.

USCIS doesn't equate "Listed on birth certificate" with "Biological Parent" and will request DNA if they have even the slightest doubt of the child's paternity. Since the child was born 18 months prior to the marriage I would expect the Embassy to want DNA. I imagine the only reason they didn't ask for it in the denied CRBA filing was because the US Citizen didn't meet the residency requirement so there was no point.

The implications of a naturalized US Citizen and his Filipino wife getting caught MISREPRESENTING A MATERIAL FACT while attempting to secure immigration benefits are severe, don't take the chance.

Edited January 6, 2012 by Bob 4 Anna

[pushbrk 12,154]

I dont want that to happen.I'll call NVC and tell them the truth..

Actually i already know that i might not be the real father, she told me before we started living together..

She told me to do dna after she gave birth. I didnt do it, because im afraid of the result..

Then my wife told me that someone told her that embassy might request for dna.that's why i did it this time..

At least my wife didn't sign an oath yet..

So will i cancel my son's ir2 petition?

The I-130 for the child can be used for an IR2 visa for either a step child or a child of a US citizen. In one case the child is entitled to citizenship upon entry to the USA. In the other, the step child gets a green card, either IR2 resident status or CR2, depending on the length of the marriage.

Just be truthful about everything. Don't claim a child is your natural child when you know it is not. Be prepared for the scrutiny of your relationship bona fides. Since it's the Philippines, the natural father has no rights regarding the child unless he is married to the mother at the time the child is born.

[I AM NOT THAT GUY 5,715]

Since it's the Philippines, the natural father has no rights regarding the child unless he is married to the mother at the time the child is born.

Or conceived.

[rozi 0]

first of all ur good person as i said. even though she cheated on u. u still decided to loved her..my 2nd thought i think u should go and talk to a lawyer whose connected with the embassy. i think he can suggest u better. to me i think if u go with the honesty and soon or later its will solve. but if u try to hide u never know, so i think u should get a lawyer and wish u all the best..

[GuidedbyGODkatval 1]

its a sweet thing that you still accepted her.thats what we call love.But you should be honest this time.THE TRUTH WILL ALWAYS COME OUT.

[mr and mrs 187]

THE TRUTH WILL ALWAYS COME OUT.

especially if you shout at people. scares it right out oif them.