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Filed: IR-1/CR-1 Visa Country: Nigeria
Timeline
Posted
There is no need for you to be hard on yourself about this case, though I realize that the thought of going to Lagos embassy and having a not perfect situation is hard enough as they can play any card and doubt every truth. No matter what, we will still go to the embassy and demands what rightfully belong to us and fear not because we are faithful people. The perfection / imperfection of your case do not guarantee approval either (at least at Lagos embassy) we have had cases that are perfect that are blatantly refused while the scamers got approved. It is not a one way traffic, and of all -- God has the last say.

In your case, go back and read the I-130 instructions and you will find this:

8. Stepparent/Stepchild: If your petition is based on a stepparent-stepchild relationship, you must file your petition with a copy of the marriage certificate of the stepparent to the child's natural parent showing that the marriage occurred before the child's 18th birthday, copies of documents showing that any prior marriages were legally terminated and a copy of the stepchild's birth certificate.

and

D. Affidavits: Written statements sworn to or affirmed by two persons who were living at the time and who have personal knowledge of the event you are trying to prove. For example, the date and place of birth, marriage or death. The person making the affidavit does not have to be a U.S. citizen. Each affidavit should contain the following information regarding the person making the affidavit: his or her full name, address, date and place of birth, and his or her relationship to you, if any, full information concerning the event, and complete details explaining how the person acquired knowledge of the event.

About DNA concern and your name on the birth cert:

The child is also eligible for the visa since she is your wife's, any DNA test will proof that the child is your wife's and that you are not the father. And you are entitled to have your step child immigrate with your wife. Rape or no rape is not a big deal, at least for this case. You can get the affidavit in case your wife is questioned about the paternity and accused of trying to bring in a child from another marriage with your name as the last name. There will only be issues if the child is not for you or your wife's and a proper adoption document is not available.

You can submit the affidavit when you get to the embassy or with NVC before you get your interview date if you don't have that yet that way they will have all the information beforehand and not deny her without asking questions. In addition, if there is any police report like someone suggested (despite the imperfect structure in Nigeria, you will be surprised that she can get this if she reported the incident at the time) you should get it and add it with the affidavits, IF NOT i do not think the embassy will be too surprised (just make sure you did not get a false police report if there was not a formal report at the time of the incident). With that being said, I want you to know that this information do not substitute for a legal advice and it does not predict the outcome of your application. Your case is unique and I wish you the best. Please stop bothering yourself as this will not solve the problem, everyone here has issues as well and no matter how much you bother we cannot solve your problem.

Thanks for your advice .you are such a nice person

I am glad i here all this advice you are blessed

Posted

Surely, the fact that the child was born AFTER marriage and the fact that the petitioner is named as the father on the birth certificate and they have another child born after that is the biological child of the petitioner means the likelihood of it being called to question is slim.

I would however, in my limited knowledge of Lagos, ask if there was a police report (because the consulate could potentially find it) and/ or if anyone outside of the family (friends, neighbours) are aware of the situation in case they carry out a home check. If no one but the petitioner and his wife are aware of the situation, why would the consulate question paternity of either child?

What would it take to legally adopt the first child and would it even be possible when named as the father on the birth certificate?

Timeline Summary:

K-1/K-2 NOA1 - POE: 9 February - 9 July 2010

Married: 17 July 2010

AOS mailed - Interview : 22 November 2010 - 10 March 2011

ROC mailed - approved: 14 February - 18 June 2013

Citizenship mailed - ceremony: 9 February - 7 June 2017

 

VJ K-2 AOS Guide

Filed: IR-1/CR-1 Visa Country: Nigeria
Timeline
Posted

About DNA concern and your name on the birth cert:

The child is also eligible for the visa since she is your wife's, any DNA test will proof that the child is your wife's and that you are not the father. And you are entitled to have your step child immigrate with your wife. Rape or no rape is not a big deal, at least for this case. You can get the affidavit in case your wife is questioned about the paternity and accused of trying to bring in a child from another marriage with your name as the last name. There will only be issues if the child is not for you or your wife's and a proper adoption document is not available.

Pls when do you think DNA is usually done ?

is it at the interview date after seen the Consular or when she get her packet 4 forms

Filed: Timeline
Posted

packet 4, i have heard of some people who were not require to have dna test but that was a long time ago. check lagos embassy website they already have packet 4 online and the instructions.

About DNA concern and your name on the birth cert:

The child is also eligible for the visa since she is your wife's, any DNA test will proof that the child is your wife's and that you are not the father. And you are entitled to have your step child immigrate with your wife. Rape or no rape is not a big deal, at least for this case. You can get the affidavit in case your wife is questioned about the paternity and accused of trying to bring in a child from another marriage with your name as the last name. There will only be issues if the child is not for you or your wife's and a proper adoption document is not available.

Pls when do you think DNA is usually done ?

is it at the interview date after seen the Consular or when she get her packet 4 forms

I-130 FILED: 8/26/09

TOUCHED AND APPROVED 12/23/09. THE LORD IS FAITHFUL ALWAYS

NVC: CASE COMPLETE: Feb 3rd, 2010

INTERVIEW: Mar 12th, 7:00 a.m : APPROVED

POE / ARRIVAL: Washington D.C. April 8th.

Al hamdu li'lah, Allahu Akbar, Allahu Akbar, Allahu Akbar, Al hamdu li'lah robbi al amin

Filed: Timeline
Posted

you are right, a home check can also help if they have doubts with his affidavits. as long as this is true then home check will free them "if" the embassy ever questions them. but if it is just the two of them that are aware of this then it is their words versus the consular's opinion vs whatever proof they have

Surely, the fact that the child was born AFTER marriage and the fact that the petitioner is named as the father on the birth certificate and they have another child born after that is the biological child of the petitioner means the likelihood of it being called to question is slim.

I would however, in my limited knowledge of Lagos, ask if there was a police report (because the consulate could potentially find it) and/ or if anyone outside of the family (friends, neighbours) are aware of the situation in case they carry out a home check. If no one but the petitioner and his wife are aware of the situation, why would the consulate question paternity of either child?

What would it take to legally adopt the first child and would it even be possible when named as the father on the birth certificate?

I-130 FILED: 8/26/09

TOUCHED AND APPROVED 12/23/09. THE LORD IS FAITHFUL ALWAYS

NVC: CASE COMPLETE: Feb 3rd, 2010

INTERVIEW: Mar 12th, 7:00 a.m : APPROVED

POE / ARRIVAL: Washington D.C. April 8th.

Al hamdu li'lah, Allahu Akbar, Allahu Akbar, Allahu Akbar, Al hamdu li'lah robbi al amin

 
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