Adopted step child

[Gast 0]

Good morning

My step mom filled for me

I got approved

Attended the interview

They asked for DNA which I could not refuse but the results were negative because my father adopted me when I was an year old .his always been my father , I use his surname and in this country am legally his bUT he moved to the states and had my step mom petition for me bc she's a usc. There was no way for me to explain to the consular officer that I had go do what she asked 1st. My question is submitting my adoption decree stating that his my legal father help issuance of a visa? His all I have because my mother left me and his been taking care of me all my life .and does my step mom still qualify as my parent with me being an adopted child of her spouse

Edited April 22, 2016 by Gast

[Penguin_ie 5,994]

Normally, a legal adoption with the child being in the custody of the adopted father for a long time would be enouhgh, but there are some odd things happening here....

Why was the adoption decree not filed with the petition?

Why did you do the DNA test if you both knew it would come out negative?

How long was your adopted father with you, how long did he have physical custody before he left for the USA?

[Boiler 45,654]

The Birth Certificate would have been a give away.

[Gast 0]

Thank you for your response.

1st he adopted me when I was an year old so automatically his name is on my birth certificate.

The i-130 only asked for birth certificate and we thought the birth certificate would be enough proof that he was my father at least legally speaking .

2nd after I had the interview the consular officer asked for DNA and trust me she was done with me and there was no way I could start volunteering information. Plus when they ask for DNA you either do it or they will send your petition back for revocation. So we did it and we were hoping I would go for a second interview and present material facts why the results are negative after all his been my father all my life and has supported me all my life .

And he left 8 years ago

So I spent 12 years of my life with him

[Boiler 45,654]

He abandoned you when you were 13?

[Gast 0]

No he left for the states when I was 13 and filled the i-130 for Me

His my adoptive father and I was loving with his father because I don't know the whereabouts of my biological mother and I never knew my biological father. Question is

Will submitting the adoption decree help ?or maybe showing hardship if I don't get the visa help or is all hope lost? ??

[Penguin_ie 5,994]

Hardship won't matter.

IF you can convince the CO it was a missunderstanding, submitting the adoption papers may help. However, it is also possible you have a lifetime ban for material missrepresentation, if they determine you lied about who your biological father is.

[NigeriaorBust 4,087]

How old were you when your father married his current wife ?

[Gast 0]

I was 17

[Gast 0]

Question is

Even If I submit for adoption decree

What's does the law say ?

The children you file for have to be your biological children right?

[Boiler 45,654]

Why did you father wait 4 years?

[Gast 0]

Huh 4 years?

4 years for what

And of course when he moved he didn't have the right papers to file a petition

[Boiler 45,654]

What right papers?

[Gast 0]

I mean he was undocumented in the Us. He had over stayed his visa. He could not file anything

[Boiler 45,654]

So he 'visited', overstayed and found someone to marry?