Bonafides!!

[Gigli2008 70]

Hi friends,

A friend of mine came in 2005 pregnant after winning the DV lottery. She had a husband by common law (meaning they had not legally married)so no documentation of marriage, and reason why he was not added when DV was being processed. The daughter was born here in the USA in 2006. In 2008 she went and married the father of her child. She and the daughter visited him in 2010 in Kenya, so she has visited him twice, but have maintained relationships that are not documented*** (phones, email etc). In 2011 she became a USC and immediately filed for him. He is now scheduled for his interview on June 4th 2012.

Question,

Will they need to prove a bonafide relationship. The child is theirs looks like him (don't know if that matters). They have tons of photos going more than 15 years. They don't have stuff in both their names (bank acccounts, land titles, etc) Will he be asked for DNA to prove daughter is his? Just trying to prepare them.

***Please remember that most married people (common law or by civil marriage) do not realize they have to prove their relationships until later when they start the petitioning process. So in this case, it never occured to her that they needed to keep documentation of anything other than civil documents.

Thanks.

[Dana-Mića 51]

Can she retrieve phone records for at least this year and maybe some from last, passport stamps and pictures are also good. As for the DNA test I am not sure.

[Ben and Jill 37]

I'm almost positive the Embassy will require a DNA test, and yes, they will need to prove their relationship...absolutely. I realize that couples don't think the need to prove a relationship until they start the process, but the Embassy does not care...they want the proof, and it doesn't matter at all that the child looks like him (someone else had gone through this same issue recently ~ child looking 'just' like him, but the Embassy still required the DNA and they {his fiance and child} are still waiting for their visas). She should provide copies of whatever she can, i.e., passport stamps, travel itineraries, hotel receipts...anything that proves her visits. She should also include phone records, emails, chat history, pictures of them together with their daughter, handwritten letters, marriage certificate, birth certificate of their daughter...everything she possibly can to show an ongoing relationship over the years.

[Gigli2008 70]

I'm almost positive the Embassy will require a DNA test, and yes, they will need to prove their relationship...absolutely. I realize that couples don't think the need to prove a relationship until they start the process, but the Embassy does not care...they want the proof, and it doesn't matter at all that the child looks like him (someone else had gone through this same issue recently ~ child looking 'just' like him, but the Embassy still required the DNA and they {his fiance and child} are still waiting for their visas). She should provide copies of whatever she can, i.e., passport stamps, travel itineraries, hotel receipts...anything that proves her visits. She should also include phone records, emails, chat history, pictures of them together with their daughter, handwritten letters, marriage certificate, birth certificate of their daughter...everything she possibly can to show an ongoing relationship over the years.

Hi Jill,

This is a married couple, not a fiance situation. I am thinking the only thing that will save the situation is photos that trail all the way back to high-school after which they lived together till she came to the US. Plus written statements from those who know them. I doubt that she can get phone records from a phone without a service plan (go-phone). He lives in the country with no access to email so the only time he checks email (driving to the city)is when she sends him documents that he needs to sign (eg., USCIS forms). Also her only two visits was because it's hard to come up with airfare at her pay-grade. And in one of those visits she could not afford to take her daughter.

Edited May 18, 2012 by Gigli2008

[Ben and Jill 37]

Hi Jill,

This is a married couple, not a fiance situation. I am thinking the only thing that will save the situation is photos that trail all the way back to high-school after which they lived together till she came to the US. Plus written statements from those who know them. I doubt that she can get phone records from a phone without a service plan (go-phone). He lives in the country with no access to email so the only time he checks email (driving to the city)is when she sends him documents that he needs to sign (eg., USCIS forms). Also her only two visits was because it's hard to come up with airfare at her pay-grade. And in one of those visits she could not afford to take her daughter.

Yes, I know they are married, they still need to prove their relationship. Affidavits from people who know them is a plus. Does he live in Kenya? He's interviewing at the Nairobi Embassy correct?

Edited May 18, 2012 by Ben and Jill

[Ben and Jill 37]

She needs to provide whatever she can then. Proof that she visited and pictures, affidavits, etc. Does she have photos with them together with their daughter? She will also need to give him a copy of their daughter's birth certificate, and their marriage certificate.

[Ben and Jill 37]

Yes, I know they are married, they still need to prove their relationship. Affidavits from people who know them is a plus. Does he live in Kenya? He's interviewing at the Nairobi Embassy correct?

Nevermind the question about where he lives...I see upthread he lives in Kenya. My apologies.

[Gigli2008 70]

She needs to provide whatever she can then. Proof that she visited and pictures, affidavits, etc. Does she have photos with them together with their daughter? She will also need to give him a copy of their daughter's birth certificate, and their marriage certificate.

Thanks Jill. Really appreciate your help.