Can a father file for step daughter who he thought was his biological daughter?

[ohyes 0]

Good day to you all. Firstly this is my first time here and I find the threads on here very helpful.

Let me first give you and overview of my situation. My father (alleged) filed for me, his unmarried daughter over 21 years of age. His name was added to my Birth Certificate when I was two years old. When the time came up for my interview the Consular Officer requested a DNA Test. The Test was done and found to be negative. You can image the heartache this has caused my family. My mother has basically ran away, gone into hiding after her lie was revealed. Can you imagine telling a man he has a daughter that wasn't his for the last 36 years. We are literally going crazy.

The question is can that same man who was believed to be my father now my step father do anything with regards to the paperwork to continue filing for me or is this done and over with?

Also if this is not possible can I get a visiting visa?

Please your assistance is greatly needed. Thank you all.

[Robert87 2]

get a lawyer.. its a very tricky matter

[alisha 0]

Oh Lord, am sorry dear, i did mine and thank God it proves that my dad is actually my dad, i can imagine what your family especially your dad going tru, in your case they will denied you for sure, and i dont think they will give you a visitor's visa,,, and if he was to do it over maybe it will take a lot of years, i dont even know if they have a waiver for a case like this,,,, my heart really goes out for you cause i know u feeling lost right now and hundred of stuff running in your mind, when your mommy comes back i am sure she will have answers for you about your real dad... am really sorry.... am going to search to see if i see anything about cases like this and let you know...

[ohyes 0]

Oh Lord, am sorry dear, i did mine and thank God it proves that my dad is actually my dad, i can imagine what your family especially your dad going tru, in your case they will denied you for sure, and i dont think they will give you a visitor's visa,,, and if he was to do it over maybe it will take a lot of years, i dont even know if they have a waiver for a case like this,,,, my heart really goes out for you cause i know u feeling lost right now and hundred of stuff running in your mind, when your mommy comes back i am sure she will have answers for you about your real dad... am really sorry.... am going to search to see if i see anything about cases like this and let you know...

I will be so grateful to you. Thanks.

[Boiler 45,997]

Your Mother could petition for you.

You can certainly apply for a visitor visa.

[portbar 2]

Hi ohyes, I am sorry to hear about your situation. I have a couple questions. Did your father ever married to your mother, and if he does, was it before your 18th birthday? A step-father can petition for his step-child provided the married to the biological mother took place before the child 18th birthday and continued to exist if they legally separated.

[RICARDO4EVA2 194]

The question is can that same man who was believed to be my father now my step father do anything with regards to the paperwork to continue filing for me or is this done and over with?

Also if this is not possible can I get a visiting visa?

Please your assistance is greatly needed. Thank you all.

Unfortunately NO.. he will NOT be able to continue or start over any process where he's the petitioner for you. There are no such family class of visa. The case will like be closed as soon as the results are forwarded to the consulate. A Lawyer can do nothing so that is the reason why the embassy has such provisions especially since you're an adult you're not a dependent... makes it much harder. Just isnt possible regardless the age. Otherise there will be thousands of other approvals in your case.

You can apply for a tourist visa at anytime.. the B1/B2 visa is the class that's given IF Approved after your interviw and you can show proof that you have the intent to return.. Since you have gotta to the end of the road and was blocked by the DNA issue... it probably would be difficult for you to pull a NON-Immigrant Visa now.. others may have something else to add.

best of wishes... love your mom.

[ohyes 0]

Hi ohyes, I am sorry to hear about your situation. I have a couple questions. Did your father ever married to your mother, and if he does, was it before your 18th birthday? A step-father can petition for his step-child provided the married to the biological mother took place before the child 18th birthday and continued to exist if they legally separated.

Yes they were married when I was 11 years old.

[portbar 2]

Yes they were married when I was 11 years old.

Based on immigration law when the natural father and mother of a child married before the child 18th birthday the child is deemed be legitimized, the child is eligible under section Under INA 101(b)(1)© and the father paternity is established by legitimization. The Board of Immigration Appeals interpret legitimization for immigration purposes as an act of placing a child born out of wedlock in the same footing as a child born in wedlock. According the State Dept. manual 7 FAM 1100 APPENDIX E all presumption of paternity can be rebutted by DNA evidence. So now that DNA evidence disproved your relationship with your alleged father, you are not legitimated because it can only happen by your biological father. There is GOOD NEWS because he or were married to your biological mother when you were 11 years old, you are eligible under INA 101(b)(1)(B) for step child. See State Dept manual 9 FAM 40.1 and look under section 9 FAM 40.1 N2.2 Stepchild Relationship Under INA 101(b)(1)(B) and 9 FAM 40.1 N2.2-2 Stepparent/Stepchild Relationships After Termination of Marriage.

http://www.state.gov/documents/organization/86763.pdf

[mandyt 0]

Based on immigration law when the natural father and mother of a child married before the child 18th birthday the child is deemed be legitimized, the child is eligible under section Under INA 101(b)(1)© and the father paternity is established by legitimization. The Board of Immigration Appeals interpret legitimization for immigration purposes as an act of placing a child born out of wedlock in the same footing as a child born in wedlock. According the State Dept. manual 7 FAM 1100 APPENDIX E all presumption of paternity can be rebutted by DNA evidence. So now that DNA evidence disproved your relationship with your alleged father, you are not legitimated because it can only happen by your biological father. There is GOOD NEWS because he or were married to your biological mother when you were 11 years old, you are eligible under INA 101(b)(1)(B) for step child. See State Dept manual 9 FAM 40.1 and look under section 9 FAM 40.1 N2.2 Stepchild Relationship Under INA 101(b)(1)(B) and 9 FAM 40.1 N2.2-2 Stepparent/Stepchild Relationships After Termination of Marriage.

http://www.state.gov/documents/organization/86763.pdf

Edited November 11, 2010 by mandyt

[mandyt 0]

Sorry wrong post.

[portbar 2]

Based on immigration law when the natural father and mother of a child married before the child 18th birthday the child is deemed be legitimized, the child is eligible under section Under INA 101(b)(1)© and the father paternity is established by legitimization. The Board of Immigration Appeals interpret legitimization for immigration purposes as an act of placing a child born out of wedlock in the same footing as a child born in wedlock. According to the State Dept. manual 7 FAM 1100 APPENDIX E all presumption of paternity can be rebutted by DNA evidence. So now that DNA evidence disproved your relationship with your alleged father, you are not legitimated because it can only happen by your biological father. There is GOOD NEWS because he or were married to your biological mother when you were 11 years old, you are eligible under INA 101(b)(1)(B) for step child. See State Dept manual 9 FAM 40.1 and look under section 9 FAM 40.1 N2.2 Stepchild Relationship Under INA 101(b)(1)(B) and 9 FAM 40.1 N2.2-2 Stepparent/Stepchild Relationships After Termination of Marriage.

http://www.state.gov/documents/organization/86763.pdf

Sorry, this is the correct link

http://www.state.gov/documents/organization/86920.pdf

[ohyes 0]

Sorry, this is the correct link

http://www.state.gov/documents/organization/86920.pdf

Portbar I really appreciate this information via the link. Thanks so much. It is so nice to know that strangers are willing to go out of their way to help others. Even if the news were devastating but you had placed so much effort in finding the information I would still appreciate it. All is not lost as yet and that's good to know. Thank you again. I guess only an immigration officer can really help me with all this information that you have presented to me.

Thanks again.

[ohyes 0]

Hi guys,

The DNA result is a negative and my alleged father (USC) had filed for me in the category "Unmarried sons and daughters of US citizens over the age of 21 years." Obviously, it is now known that he is not my father. Is there anything that can be done and how? Can he still continue to file for me as is or will the process have to be started all over again? I am clueless. I am now step daughter and not daughter. What are the rules and the necessary changes that need to be done in order to continue this process, if at all possible.

I am now 32 years old. He had started filing for me at the age of 25 years. I had to wait 6 1/2 years for my priority date to be reached. My parents were married when I was 11 years old and they got divorced after 8 years of marriage. What are my options here. Need some urgent advice. Please.

Thank you.

Edited November 15, 2010 by ohyes

[sus 70]

Unfortunately, there is nothing more that can be done on your father's part - I am very sorry to hear of your situation, and know that being a sperm donor does not make a father - (unfortunately, not in USCIS' view though) - Is your mother a USC? She can file for you.