DNA does not match!!!

[130DNA 0]

Hello.. filed I-130 when i was LPR over 7yrs ago for my son (unmarried over21) i am now a USC and i have upgraded.. he had his appt on 7/28, he has 2 children 8 & 12, the officer at the interview ask that he produce a DNA for the 8yr old. He was then learned from his fiancee that the child is not his biological child.. what should my son do at this point? he does not want to do the test knowing the result, how can he get another appointment with the embassy without them asking for more DNA and delaying this case further? has anyone been in this situation and can advise me?

[Bobby+Umit 161]

he does not want to do the test knowing the result, how can he get another appointment with the embassy without them asking for more DNA and delaying this case further?

If the CO asked for the test, it's on his file, you will find you will not get around the request.

Any other advice along this lines would constitute fraud, which is against the VJ's TOS.

You never want to get caught in a lie with the US government.

[NArocks 13]

he does not want to do the test knowing the result, how can he get another appointment with the embassy without them asking for more DNA and delaying this case further?

If the CO asked for the test, it's on his file, you will find you will not get around the request.

Any other advice along this lines would constitute fraud, which is against the VJ's TOS.

You never want to get caught in a lie with the US government.

Looks as though the child will not be coming with your son, once requested there is no getting around it.

[sjr09 155]

Hello.. filed I-130 when i was LPR over 7yrs ago for my son (unmarried over21) i am now a USC and i have upgraded.. he had his appt on 7/28, he has 2 children 8 & 12, the officer at the interview ask that he produce a DNA for the 8yr old. He was then learned from his fiancee that the child is not his biological child.. what should my son do at this point? he does not want to do the test knowing the result, how can he get another appointment with the embassy without them asking for more DNA and delaying this case further? has anyone been in this situation and can advise me?

The embassy has it's suspicion(s) that the child in question is not his biological child. At this point you will need to prove this to the embassy. With out a DNA test you can not over-come this. If the child is not his he/she can only be adopted to be petitioned, if I'm not mistaken.

[aaron2020 11,651]

There is no way around the DNA test. Also, your son now has knowledge that the child may not be his. In his application for an immigration visa, he stated that the boy is his son. If he tries to evade taking a DNA test, he is jeopardizing his chance for visas for himself and the 12 years old. His continual representation that the boy is his biologically could be a material misrepresentation that results in a denial. If he lies, he will have to deal with the consequences. The truth according to his fiancee is that the boy is not his son.

My advice is to tell the CO the truth - his fiancee recently confessed that the boy is not his son. He and the 12 years old can immigrate to the US and then he can go back home and get married and adopt the 8 years old. He can then petition for his wife and adopted son - which would take about 5 years.

[Chica Yeyé 41]

Hello.. filed I-130 when i was LPR over 7yrs ago for my son (unmarried over21) i am now a USC and i have upgraded.. he had his appt on 7/28, he has 2 children 8 & 12, the officer at the interview ask that he produce a DNA for the 8yr old. He was then learned from his fiancee that the child is not his biological child.. what should my son do at this point? he does not want to do the test knowing the result, how can he get another appointment with the embassy without them asking for more DNA and delaying this case further? has anyone been in this situation and can advise me?

He cannot not take the test if he wants to have the other child approved. Do not, under any circumstances, lie to the immigration folks.

Good luck.

[aaron2020 11,651]

Hello.. filed I-130 when i was LPR over 7yrs ago for my son (unmarried over21) i am now a USC and i have upgraded.. he had his appt on 7/28, he has 2 children 8 & 12, the officer at the interview ask that he produce a DNA for the 8yr old. He was then learned from his fiancee that the child is not his biological child.. what should my son do at this point? he does not want to do the test knowing the result, how can he get another appointment with the embassy without them asking for more DNA and delaying this case further? has anyone been in this situation and can advise me?

He cannot not take the test if he wants to have the other child approved. Do not, under any circumstances, lie to the immigration folks.

Good luck.

In addition to not lying to the immigration folks, don't play games with them. For example, don't say the boy is his son because he raised him since he was born. The immigration folks are only interested in him being the biological father for immigration purposes.

[Chica Yeyé 41]

Hello.. filed I-130 when i was LPR over 7yrs ago for my son (unmarried over21) i am now a USC and i have upgraded.. he had his appt on 7/28, he has 2 children 8 & 12, the officer at the interview ask that he produce a DNA for the 8yr old. He was then learned from his fiancee that the child is not his biological child.. what should my son do at this point? he does not want to do the test knowing the result, how can he get another appointment with the embassy without them asking for more DNA and delaying this case further? has anyone been in this situation and can advise me?

He cannot not take the test if he wants to have the other child approved. Do not, under any circumstances, lie to the immigration folks.

Good luck.

In addition to not lying to the immigration folks, don't play games with them. For example, don't say the boy is his son because he raised him since he was born. The immigration folks are only interested in him being the biological father for immigration purposes.

Agreed.

[Penguin_ie 5,993]

Adoption seems to be the only option, as mentioned above.

[130DNA 0]

Thanks..

If he let them know that we will be unable to produce a DNA, after the fact he has just learnt from his Fiancee that the child in question is not his biological child and therefore he will no longer be eligible to accompany him, would that make them question the paternity for the 12yr old or ask him to produce a DNA between myself and him? more time and money wasted?

[Bobby+Umit 161]

Thanks..

If he let them know that we will be unable to produce a DNA, after the fact he has just learnt from his Fiancee that the child in question is not his biological child and therefore he will no longer be eligible to accompany him, would that make them question the paternity for the 12yr old or ask him to produce a DNA between myself and him? more time and money wasted?

Perhaps, but if they had doubts of the other child, I would imagine they would of requested for both at the same time.

[ddartt1 2]

Thanks..

If he let them know that we will be unable to produce a DNA, after the fact he has just learnt from his Fiancee that the child in question is not his biological child and therefore he will no longer be eligible to accompany him, would that make them question the paternity for the 12yr old or ask him to produce a DNA between myself and him? more time and money wasted?

Perhaps, but if they had doubts of the other child, I would imagine they would of requested for both at the same time.

[aaron2020 11,651]

Thanks..

If he let them know that we will be unable to produce a DNA, after the fact he has just learnt from his Fiancee that the child in question is not his biological child and therefore he will no longer be eligible to accompany him, would that make them question the paternity for the 12yr old or ask him to produce a DNA between myself and him? more time and money wasted?

I am sorry for the heartache that your son is going through and the frustration that you are going through, but you need to look at the case through the eyes of the interviewing CO. He/She has requested that your son submit to a DNA test. By your own description, your son does not want to take the DNA test and is looking for a way not to take it. He may now inform the US Embassy that the youngest child is not his biological son. In his/her eyes, this raises the possibility of immigration fraud. He/She will therefore be much more cautious in evaluating your son's case. It's possible that the other son is not his biological child also. If these children are not his biologically, they are not entitled to derivative beneficiary status. I think your son needs to proceed with caution because he may be putting his own chance of immigrating to the US at risk if the CO determines there has been sufficient misrepresentation. Misrepresentation does not mean lie; it means trying to present one set of circumstances as something else. The CO may determine there has been misrepresentation in presenting the 8 years old as your son's son.

In light of the fact that the 8 years old was represented as your son's son and that has changed, I don't think it is unreasonable to request a DNA test on the other child.

Edited August 7, 2009 by aaron2020

[rabia1398 0]

I just want to add that for the other son, if he was married to the childs mother at the time of the birth, then DNA does not matter, he is legally the father. Is that the case?