MAGTATANONG POE

thank you for both of your responses.  its very enlightening. as with everybody, sometimes the long agony of waiting bites one and the pangs go deep.  but i was additionally relieved with your responses it made my day.  became more hopeful. god bless

You file ROC 2 years minus 90 days from the date of issue on the green card. (Not from date of marriage).
You do not have the green card yet so check the date and mark your calendar when you do.
You married in Sept 2015 and will likely get the 2 year conditional card unless you will be approved after 2 years from your
marriage, so if you have to wait another 5 months for approval you get the 10 year, if before then you get the 2 year GC.
There is nothing to appeal !
AOS takes a year for many people. Ours has been pending in checks for almost 2 years.
You can't compare why your friend got approved more quickly than you, it depends on the service center and the case itself.
The renewal EAD is free for everyone, you weren't given a special exception.
Your story is not all that unusual, the process takes time and has hick ups along the way.

 

I'm sorry to hear about your issues.
 
 

DNA testing happens more than you would think. We have seen plenty cases here. I remember a case where this guy petitioned his wife and 4 children and the results came back that 2 were not his. If I came come across that thread I will share.
 
Usually DNA is requested when a child is not mentioned previously but now wants to be included in migrating.

For a visa? That's my first time hearing it

There is no way to know what the US Consular Officer (CO) will ask for. The CO can request a DNA test to prove paternity, and they might do so in order to prove that you are actually the father. There have been many cases where somebody wants to take some kid (a cousin, niece/nephew, or whomever) and they just say it's their child. Of course I'm not saying this is true in your case, but it does happen and USEM may want to make sure there is a genuine parent-child relationship. A DNA test is fairly quick (less than a month, costs about $800), while a court order can take many months, possibly years, or it could be faster; there's no way to know for sure and it would depend on the particular circumstances of your case as well as other variables. I've gone through both processes myself recently in Manila.
 
First, go to the interview and find out what the CO wants. There's a chance you will get approved with the documentation you already have. If not, then you will know what you have to do. Also, make sure to apply for a Philippines passport for the child as soon as possible if you have not already done so.

I don't think USEM requires DNA tests for visa applicants, just for CRBA. 
 
Are you on the birth certificate as the father? Here's an article about legitimation without a court order http://www.manilatimes.net/illegitimate-child-can-become-legitimate-without-court-order/146909/. You may need to file a petition to adopt. 

USEM will likely require a DNA test. If the result is positive and you can prove the mother is dead, then USEM might accept that, or they might require a custody order from a Philippines court. The court process could take awhile but you might not need an attorney if you can appear yourself.

I agree, you should consulate an attorney
 
You are listed on the (back) birth certificate.. still not sure that would cut the mustard.

This doesn't sound like a DIY situation, you might want to consult a lawyer.