AOS or DNA Paternity Test?

[Dhow 0]

I have an interesting (& complicated) situation. Actually, my brother-in-law has the situation, but I will use "I" instead of "He" for this topic.

I recently married my Fiancee who came to the US via K-1 visa. We have a 2 month old child together who was born about a month before coming to the US on her mother's K-1 visa. Prior to coming, we all went to the embassy and asked for my daughter to be issued a US Passport (she is no doubt my daughter). The man at the embassy claimed that we had to do a DNA test to prove she was my daughter because she was born a few weeks early. That would have delayed the K-1 immigration process, put me in a bad financial situation and also left my daughter in a place where neo-natal care is substandard. So, we opted to just go forward with the K-1 process, then deal with the DNA test later. -- maybe that was not such a good decision, but can't undo that now.

So, my questions are:

1. is it possible, now that my daughter is here, to go through the steps of a DNA test.

2. should I submit an AOS (I-485) for both my wife and daughter - and would this jeopardize any subsequent DNA test

Thanks to anyone who has a suggestion or experience in this.

[Otto 83]

If it were me - I'd get this sorted out before spending time, money, effort to get a PR/Green Card for a child that is (likely) a US citizen.

[Dakine 26]

I have an interesting (& complicated) situation. Actually, my brother-in-law has the situation, but I will use "I" instead of "He" for this topic.

I recently married my Fiancee who came to the US via K-1 visa. We have a 2 month old child together who was born about a month before coming to the US on her mother's K-1 visa. Prior to coming, we all went to the embassy and asked for my daughter to be issued a US Passport (she is no doubt my daughter). The man at the embassy claimed that we had to do a DNA test to prove she was my daughter because she was born a few weeks early. That would have delayed the K-1 immigration process, put me in a bad financial situation and also left my daughter in a place where neo-natal care is substandard. So, we opted to just go forward with the K-1 process, then deal with the DNA test later. -- maybe that was not such a good decision, but can't undo that now.

So, my questions are:

1. is it possible, now that my daughter is here, to go through the steps of a DNA test.

2. should I submit an AOS (I-485) for both my wife and daughter - and would this jeopardize any subsequent DNA test

Thanks to anyone who has a suggestion or experience in this.

If there is any way possible. Go for the US citizenship as It will save going thru AOS, Removing conditions and naturalization.

Edited April 5, 2010 by Dakine

[Mike B. 231]

I'm far from an expert on this, but have you taken a look at filing an N-600? The instructions say that you can file it and attain a certificate of citizenship if:

"you were born to parents, one of whom is an alien and the other a U.S. citizen who, prior to your birth, had been physically present in the United States or one of its outlying possessions for a period or periods totaling not less than five years, at least two of which were after the age of 14 years."

Sounds like that might fit your case.