Voluntary AABB DNA Testing for Spousal I-130

[SandyLinhHoang123 0]

22 hours ago, Boiler said:

So they doubt who is the father?

 

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

They do not doubt who the father is. The first two times, my petition was denied when I applied as a fiancé sponsor because we did not have a child together yet. After the second denial, I went back and we had a child together.

[TBoneTX 48,876]

2 minutes ago, SandyLinhHoang123 said:

The first two times, my petition was denied when I applied as a fiancé sponsor because we did not have a child together yet.

Please clarify.  Were you married but sent the I-129F petition instead of the I-130 -- twice?  If true, then why?

3 minutes ago, SandyLinhHoang123 said:

After the second denial, I went back and we had a child together.

A lot of married couples (and even more fiancés) have no children.  Having children isn't a prerequisite for anything at the petition or consular level, so it's unclear why having a child vs. not having one would be relevant.  Please clarify.

[TBoneTX 48,876]

Key information is missing, because your explanations so far are clouding our understanding further.

 

It would be extremely helpful if you'd attach copies of your denial letters (whether from USCIS or the consulate) so that we can see the precise reasons for your denials.  Obscure names, case numbers, and other identifiable information.

Edited yesterday at 04:45 AM by TBoneTX

[SandyLinhHoang123 0]

22 hours ago, TBoneTX said:

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.

We held an engagement ceremony, and I previously sponsored my husband to the United States under the fiancé category. Unfortunately, my petitions were denied twice because USCIS did not find our relationship bona fide, even though I had submitted engagement photos, vacation photos, chat logs, and proof of monthly wire transfers. Travel plans were further delayed due to COVID-19 and my mother’s critical illness.

Two years ago, I was finally able to visit my husband. During that visit, we had a child through IVF and held our wedding ceremony. I stayed there for 6 months. This time, in addition to the evidence I had previously submitted, I am including wedding photos, IVF-related documents, vacation photos, a Temporary Residence Certificate showing we lived at the same address, my child’s birth certificate, and our marriage certificate.

We do not have a joint bank account because I do not yet have a Citizen Identification Card. I want to do everything I can to strengthen my case. I have decided not to include DNA testing, as you recommended against it. I also plan to travel back to visit my husband with our newborn, and during this trip, I will try to open a joint bank account again. Do you think that either traveling with my child or opening a new bank account will strengthen my case, or could it potentially have a negative impact? Is there anything else I should add to for my case? 

Thank you very much for your help. 

[TBoneTX 48,876]

24 minutes ago, SandyLinhHoang123 said:

I also plan to travel back to visit my husband with our newborn

Time spent together in person is the biggest support of a bona fide relationship.

Be sure that the baby has a U.S. passport or appropriate travel authorization.

25 minutes ago, SandyLinhHoang123 said:

I will try to open a joint bank account again

It should help.

26 minutes ago, SandyLinhHoang123 said:

my petitions were denied twice because USCIS did not find our relationship bona fide

USCIS cares only that you're both free, available, and of age to marry, and that you've met in person at least once in the 2 years before filing the I-129F petition.  The consulate cares about bona fide relationship.  Did you proceed to the interview phase, for the K-1 visa as you imply?  Or had you not seen him in person within the 2 years before filing, and this is why USCIS denied your petition?

[Boiler 48,445]

Evidence he is supporting you/his child is a plus

 

Bank account pretty irrelevant

 

Time spent together a plus

[pushbrk 14,218]

Together in person for six months will carry the day on bona fide relationship.  It's helpful to mention the country, but with six months together and a child with a US Passport, I would not bae worried about that issue again.

[SandyLinhHoang123 0]

23 hours ago, Boiler said:

23 hours ago, TBoneTX said:

Time spent together in person is the biggest support of a bona fide relationship.

Be sure that the baby has a U.S. passport or appropriate travel authorization.

It should help.

USCIS cares only that you're both free, available, and of age to marry, and that you've met in person at least once in the 2 years before filing the I-129F petition.  The consulate cares about bona fide relationship.  Did you proceed to the interview phase, for the K-1 visa as you imply?  Or had you not seen him in person within the 2 years before filing, and this is why USCIS denied your petition?

I lived with my husband abroad for two years before we applied for a K-1 fiancé(e) visa in 2000. We reached the interview stage, but the application was denied, with USCIS stating the relationship was not considered bona fide. They also requested proof of our family trees, which I submitted, but the application was still denied. I believe the denial may have been influenced by our age difference, as I am nine years older than him.

In 2024, I visited him again, we got married, and I spent about six months living with him. We are now preparing to file an I-130 spousal petition. 

 

[SandyLinhHoang123 0]

Since you mentioned that a joint bank account isn’t very relevant at this stage, I’m thinking of opening a 529 college savings account for our baby in both my husband’s and my name and contributing to it regularly. Do you think this would add more weight to our I-130 petition?