DNA Test For My Son

[Canerican 242]

Hey there All,

I have been on here quite a bit with my own K-1 visa and for AOS after getting married and everyone has been a huge help. First I want to say thank you.

Awesome things have happened since I moved to the USA. One of them being getting back into contact with my son from Canada.

My wife and I as well as Nana are considering him immigrating to the USA if that is what he wants. I would not be immigrating him as a PR, but my wife would be immigrating him as a US citizen since it is faster that way.

My question is what are the chances that the Montreal Consulate is going to make us both do a DNA test? I have pictures of him and I when he was a baby to around 2ish. As well I have pics of him and I in 2008 and now pics of our visits now. As well I have the receipts for the money transfers of me paying child support, as well we are going to get the birth certificate which I believe has me named as the father. With all this would it be enough or is it an up in the air thing as all CO's are different?

Also since Nana has custody right now, would she have to sign over custody for me to immigrate him? Even though Nana has custody would I still have to get something from the bio mom saying that I can immigrate him?

This is not urgent as we are still rebuilding our relationship, but I believe this is going to be a possibility within the next 6 months to a year.

Thank you for all your help

[NikLR 13,227]

He was under the age of 18 when you were married correct?

[NikLR 13,227]

You would, at the very least, need a letter from both Nana (as his legal guardian) and his bio mom (unless she has no rights to him whatsoever, including visitation, but it's generally easier to get a notarized letter just in case) for him to immigrate to the USA. This also may be a case of needing to obtain legal guardianship (custody) over your son as well, but I'm not sure as that's not something I've had to deal with (my ex and I have joint custody of our daughter.)

[Canerican 242]

To answer the above questions:

Was he under the age of 18 when my wife and I got married? Yes, we were married April 2013, so he would have been 11.

I understand about the letter from Mom...Mom is addicted to substances and alcohol so it unlikely that I will get a letter from her. She can come and visit her son, but only if Nana says that she can. Nana has full custody, therefore having the ability to deny or approve visitation.

What if he openly confesses before a judge or we get an affidavit that he wants to live with my wife and I, do we still need a letter from mom?

[pro_star 52]

In your case I'd suggest speaking with a family law lawyer...if the kid is in Ontario and that's where all the court documents have been, you may have to file a petition through the courts there in order for you to have full legal custody.

Law society of upper Canada (Ontario law society) has a rule that lawyers can provide half an hour free consultation before you need to retain them. I'd link you to their site (they'd have some lawyer referral page on there) but I'm on a cell on a bus lol. I'd suggest calling someone there and speaking with them to find out what you need. And make sure you call the nana and find out her thoughts on you getting custody as well.

[Rob & Monika 87]

Is his mother a US citizen? I'm not sure I follow how you will bring him here as a citizen.

[Udella&Wiz 325]

If your US wife is just his step parent - he cannot be immigrated as a US Citizen - not sure what you mean by that.

I am not clear why a DNA test is needed (regarding your post title) if you are the father and listed on the birth certificate? If you are not listed as the father you have whole other kettle of fish to deal with

It would seem there are 2 issues here:

a) custody of the child - sounds like Nana agrees with him moving with you so it would seem that you need legal custody of him from her in order to do that

b) bringing the child to emigrate with you to the US - along with gaining custody you will also have to get permission from the bio mom or something that substitutes for that. Whatever is needed to satisfy US immigration that you have gone through the proper channels and everyone agrees

Good luck

Edited May 27, 2014 by Udella&Wiz

[NikLR 13,227]

I think they mean vs the dad, who is a permanent resident petitioning his son, his wife, a USC, will petition her step-son, resulting in an IR2 visa.

[Canerican 242]

Is his mother a US citizen? I'm not sure I follow how you will bring him here as a citizen.

If your US wife is just his step parent - he cannot be immigrated as a US Citizen - not sure what you mean by that.

Sorry I didn't mean to say that I was going to immigrate him as a citizen. As NLR said, I am the PR holder and my wife who is his stepmom is the US citizen. Sorry for the confusion.