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Posted

Hi everyone,

 

I am filing I-130 for my husband in Vietnam (IR-1 / CR-1) and want to make my case as strong as possible.

I understand that DNA testing is usually requested only if USCIS issues an RFE and is primarily for parent-child cases. However, I am considering voluntary DNA testing through an AABB lab.

 

I have a few questions:

1. Has anyone done voluntary DNA testing for a spouse-only I-130?

2. Does doing it voluntarily ahead of an RFE help at all, or is it ignored if not requested?

3. Any potential downsides or risks to starting DNA preemptively?

 

Thank you for sharing your real experiences.

 

Sandy

Posted
5 hours ago, SandyLinhHoang123 said:

Hi everyone,

 

I am filing I-130 for my husband in Vietnam (IR-1 / CR-1) and want to make my case as strong as possible.

I understand that DNA testing is usually requested only if USCIS issues an RFE and is primarily for parent-child cases. However, I am considering voluntary DNA testing through an AABB lab.

 

I have a few questions:

1. Has anyone done voluntary DNA testing for a spouse-only I-130?

2. Does doing it voluntarily ahead of an RFE help at all, or is it ignored if not requested?

3. Any potential downsides or risks to starting DNA preemptively?

 

Thank you for sharing your real experiences.

 

Sandy

Why do you want to the DNA is nothing has been requested?

We sometimes complicated our cases when when it should pretty a straight forward case.

Posted
18 minutes ago, Crazy Cat said:

 I would absolutely not do this.  You are raising unneeded (and unwanted) attention to your case.


+1.
 

@SandyLinhHoang123, are you and your spouse related? If so, what relation is s/he to you? 

Filed: K-1 Visa Country: Wales
Timeline
Posted

I was wondering the same Cousin marriage?

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

Posted

I think some clarification would be helpful here... What are you trying to prove? Do you have a child together and are you wanting to prove that your spouse is the biological parent? If so, DNA testing might help to prove that but is a bit excessive. Or are you wanting to prove that you and your spouse are not related? In that case, providing unrequested DNA evidence could complicate your case.

Posted (edited)

To add context, we were denied twice previously, before we had our child. Our current evidence includes wedding and travel photos, wire transfer receipts, chat logs, affidavits, our child’s birth certificate, and IVF records from an overseas hospital. We still have limited joint documentation (no joint bank account, lease, or shared address). Since I understand the focus is on proving a bona fide marriage, I’m asking whether voluntary AABB DNA testing would add any weight to our spousal sponsorship case now that we have a child. I can't think of any other evidence to strengthen our case. 

Edited by SandyLinhHoang123
Filed: Citizen (apr) Country: Ecuador
Timeline
Posted
38 minutes ago, SandyLinhHoang123 said:

we were denied twice previously

Ah.

What were the reasons given for denial?

Under which specific provisions of the immigration code were you denied?

Attach any verbatim correspondence that you can show us, blacking out all identifying information.

06-04-2007 = TSC stamps postal return-receipt for I-129f.

06-11-2007 = NOA1 date (unknown to me).

07-20-2007 = Phoned Immigration Officer; got WAC#; where's NOA1?

09-25-2007 = Touch (first-ever).

09-28-2007 = NOA1, 23 days after their 45-day promise to send it (grrrr).

10-20 & 11-14-2007 = Phoned ImmOffs; "still pending."

12-11-2007 = 180 days; file is "between workstations, may be early Jan."; touches 12/11 & 12/12.

12-18-2007 = Call; file is with Division 9 ofcr. (bckgrnd check); e-prompt to shake it; touch.

12-19-2007 = NOA2 by e-mail & web, dated 12-18-07 (187 days; 201 per VJ); in mail 12/24/07.

01-09-2008 = File from USCIS to NVC, 1-4-08; NVC creates file, 1/15/08; to consulate 1/16/08.

01-23-2008 = Consulate gets file; outdated Packet 4 mailed to fiancee 1/27/08; rec'd 3/3/08.

04-29-2008 = Fiancee's 4-min. consular interview, 8:30 a.m.; much evidence brought but not allowed to be presented (consul: "More proof! Second interview! Bring your fiance!").

05-05-2008 = Infuriating $12 call to non-English-speaking consulate appointment-setter.

05-06-2008 = Better $12 call to English-speaker; "joint" interview date 6/30/08 (my selection).

06-30-2008 = Stokes Interrogations w/Ecuadorian (not USC); "wait 2 weeks; we'll mail her."

07-2008 = Daily calls to DOS: "currently processing"; 8/05 = Phoned consulate, got Section Chief; wrote him.

08-07-08 = E-mail from consulate, promising to issue visa "as soon as we get her passport" (on 8/12, per DHL).

08-27-08 = Phoned consulate (they "couldn't find" our file); visa DHL'd 8/28; in hand 9/1; through POE on 10/9 with NO hassles(!).

Filed: K-1 Visa Country: Wales
Timeline
Posted

So they doubt who is the father?

 

Unusual but as a point of principal I always thing it is a good thing to do.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

Filed: Other Country: China
Timeline
Posted
3 hours ago, SandyLinhHoang123 said:

To add context, we were denied twice previously, before we had our child. Our current evidence includes wedding and travel photos, wire transfer receipts, chat logs, affidavits, our child’s birth certificate, and IVF records from an overseas hospital. We still have limited joint documentation (no joint bank account, lease, or shared address). Since I understand the focus is on proving a bona fide marriage, I’m asking whether voluntary AABB DNA testing would add any weight to our spousal sponsorship case now that we have a child. I can't think of any other evidence to strengthen our case. 

No, it would not add weight to your evidence if both your names are on the birth certificate.  Focus on evidence of time spent together in person.

Facts are cheap...knowing how to use them is precious...
Understanding the big picture is priceless. Anonymous

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Posted
7 hours ago, SandyLinhHoang123 said:

To add context, we were denied twice previously, before we had our child. Our current evidence includes wedding and travel photos, wire transfer receipts, chat logs, affidavits, our child’s birth certificate, and IVF records from an overseas hospital. We still have limited joint documentation (no joint bank account, lease, or shared address). Since I understand the focus is on proving a bona fide marriage, I’m asking whether voluntary AABB DNA testing would add any weight to our spousal sponsorship case now that we have a child. I can't think of any other evidence to strengthen our case. 


Forget the DNA but focus on what else you can find. You say you have limited joint documents so what do you have? How much time have you spent together in person, both overall and since your previous refusals? 

Filed: Citizen (apr) Country: Taiwan
Timeline
Posted
7 hours ago, SandyLinhHoang123 said:

I’m asking whether voluntary AABB DNA testing would add any weight to our spousal sponsorship case now that we have a child.

It would not.  In fact, it could cause the consulate to think you are grasping at straws.  I would concentrate on evidence of time together.

"The US immigration process requires a great deal of knowledge, planning, time, patience, and a significant amount of money.  It is quite a journey!"

- Some old child of the 50's & 60's on his laptop 

 

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______________________________________

In summary, it took 13 months for approval of the CR-1.  It took 44 months for approval of the I-751.  It took 4 months for approval of the N-400.   It took 172 days from N-400 application to Oath Ceremony.   It took 6 weeks for Passport, then 7 additional weeks for return of wife's Naturalization Certificate.. 
 

 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

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