Will DNA test be required to I-130?

[brownnskinn 0]

I posted my question in the wrong forum anyways...

Any one know if a DNA test will be required when filing the I-130. I'm wondering if I can file for my husband's 14 year old daughter, whom we've just learned is not his biological child. Her k2 was denied, well not sure if "denied is the actual word to use, but they wanted evidence that my husband had been in her life for the past 14 years. They wanted pictures, school or hospital records, none of which he had, so we left it at that. We did a DNA test on our own for piece of mind BC he had doubts. Unfort. if did not come out in his favor. But to him he's her father in every sense of the word and still plans to care for her. I'm just wondering if I can still file the form.

Thanks...also wondering if adoption is an option.

Thanks again.

Edited January 9, 2008 by brownnskinn

[YuAndDan 153]

I posted my question in the wrong forum anyways...

Any one know if a DNA test will be required when filing the I-130. I'm wondering if I can file for my husband's 14 year old daughter, whom we've just learned is not his biological child. Her k2 was denied, well not sure if "denied is the actual word to use, but they wanted evidence that my husband had been in her life for the past 14 years. They wanted pictures, school or hospital records, none of which he had, so we left it at that. We did a DNA test on our own for piece of mind BC he had doubts. Unfort. if did not come out in his favor. But to him he's her father in every sense of the word and still plans to care for her. I'm just wondering if I can still file the form.

Thanks...also wondering if adoption is an option.

Thanks again.

I think this should not be an issue, in this case this makes father her "step parent" and step parents can file I-130 for their step children if marriage to child's biological parent (You) took place before the child's 18th birthday, however the consulate may want proof that her biological father has no objection to her leaving the country.

Who May Not File This Form I-130?

3. A stepparent or stepchild, if the marriage that created the relationship took place after the child's 18th birthday.

http://www.uscis.gov/files/form/I-130instr.pdf

[brownnskinn 0]

I posted my question in the wrong forum anyways...

Any one know if a DNA test will be required when filing the I-130. I'm wondering if I can file for my husband's 14 year old daughter, whom we've just learned is not his biological child. Her k2 was denied, well not sure if "denied is the actual word to use, but they wanted evidence that my husband had been in her life for the past 14 years. They wanted pictures, school or hospital records, none of which he had, so we left it at that. We did a DNA test on our own for piece of mind BC he had doubts. Unfort. if did not come out in his favor. But to him he's her father in every sense of the word and still plans to care for her. I'm just wondering if I can still file the form.

Thanks...also wondering if adoption is an option.

Thanks again.

I think this should not be an issue, in this case this makes father her "step parent" and step parents can file I-130 for their step children if marriage to child's biological parent (You) took place before the child's 18th birthday, however the consulate may want proof that her biological father has no objection to her leaving the country.

Who May Not File This Form I-130?

3. A stepparent or stepchild, if the marriage that created the relationship took place after the child's 18th birthday.

http://www.uscis.gov/files/form/I-130instr.pdf

Thanks for the reply but I'm not sure if you understand, or maybe it me who is confused. I am the USC married to the immigrant. Who left his daughter behind Bc he didn't have the requested evidence to proof he was the father and his name not being on the birth certificate at the time of filing. It's been two years. While visiting last month my husband did the DNA test on our own first before going to the Embassy to reopen her case. The mother dosen't know who the real father is, or where he is for that matter. I understand that I am the step parent based on the fact I am married to her "father". He was never married to his daughter's mother. My husband has added his name on her birth certificate. This was not the case in the begining hince the embassy asked for additional evidence of fathership. I hope that makes better since. I guess my question is when I file for her as her step parent based on the fact I am married to her father, will I have to prove he is actually the biological father? Maybe the USCIS has a diffrerent def. of "Step parent" I guess I'll read and find out.

[YuAndDan 153]

Thanks for the reply but I'm not sure if you understand, or maybe it me who is confused. I am the USC married to the immigrant. Who left his daughter behind Bc he didn't have the requested evidence to proof he was the father and his name not being on the birth certificate at the time of filing. It's been two years. While visiting last month my husband did the DNA test on our own first before going to the Embassy to reopen her case. The mother dosen't know who the real father is, or where he is for that matter. I understand that I am the step parent based on the fact I am married to her "father". He was never married to his daughter's mother. My husband has added his name on her birth certificate. This was not the case in the begining hince the embassy asked for additional evidence of fathership. I hope that makes better since. I guess my question is when I file for her as her step parent based on the fact I am married to her father, will I have to prove he is actually the biological father? Maybe the USCIS has a diffrerent def. of "Step parent" I guess I'll read and find out.

This makes more sense, you cannot file in this case, proof of biological relationship will be needed. Since nether person is biologically related the visa will be denied, just like the K-2 was denied.

I am not sure if adoption is an option at her age, but you may have to research adoption first.

Edited January 9, 2008 by YuAndDan

[brownnskinn 0]

Thanks for the reply but I'm not sure if you understand, or maybe it me who is confused. I am the USC married to the immigrant. Who left his daughter behind Bc he didn't have the requested evidence to proof he was the father and his name not being on the birth certificate at the time of filing. It's been two years. While visiting last month my husband did the DNA test on our own first before going to the Embassy to reopen her case. The mother dosen't know who the real father is, or where he is for that matter. I understand that I am the step parent based on the fact I am married to her "father". He was never married to his daughter's mother. My husband has added his name on her birth certificate. This was not the case in the begining hince the embassy asked for additional evidence of fathership. I hope that makes better since. I guess my question is when I file for her as her step parent based on the fact I am married to her father, will I have to prove he is actually the biological father? Maybe the USCIS has a diffrerent def. of "Step parent" I guess I'll read and find out.

This makes more sense, you cannot file in this case, proof of biological relationship will be needed. Since nether person is biologically related the visa will be denied, just like the K-2 was denied.

I am not sure if adoption is an option at her age, but you may have to research adoption first.

Big sigh Thanks for the reply.