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Filed: K-1 Visa Country: Vietnam
Timeline
Posted (edited)

my family and i visited vietnam back in oct '09...my fiancee found out she was pregnant while i was still there. we used the counting method since july that year and i shot and scored on my only try :). i came back july '10 to witness the birth of my son. i sent in my i-129f in sept '10...i took swab samples from my son, my fiancee, and me and sent it to a lab for an informal DNA test (identigene). i know the consulate won't take it as concrete proof that he's my son...but i felt it couldn't hurt addding to my case.

what's the chance that they'll blue slip us and request a formal DNA testing that could delay things for a couple months? i feel the CO might zero in on this issue and why we didn't get marry first and if her family approves of our relationship since this kind of things is stricter over there. i plan on coming back there for the interview and hopefully bring them back with me...having things delayed would suck and they would be on their own coming.

Edited by quann

K-1, CRBA, AOS, GC

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

Informal DNA test has no proof that its actually you baby son dna. I'm probably going to the same process as well. Welcome to the club buddy, my wife is pregnant on the first hump. My wife is pregnant while I was there and probably gonna have hell of a time too. I wanna go your route but then its common sense law. Gov wont take informal test. Informal can be cheat on.

So look up ways to do a formal test....I'm sure it out there to request a formal test.

-Cardin

07/2001 .............Met Huong when she's 14

01/23/10 ............Re-Met through Family, spoke on Skype.

Visa Journey

CR-1 Visa Journey

10/20/10 ............VN w/ Dad & Son

11/05/10 ............Married

01/25/11 ............I-130 sent (Chicago Lockbox)

01/27/11 ............I-130 delivered

01/27/11.............NOA1

03/07/11.............Touched

03/08/11 ............Back in US for Federal 2011 Taxes

03/26/11 ............Ultrasound - BABY BOY

05/24/11 ............Request for Evidence (E-Notice/Online Verified)

05/26/11 ............RFE Rec & Sent - Wanted 2 Copy Certified Divorce Decree

06/06/11 ............NOA2 Online - NVC Here I come

06/11/11 ............NOA2 in Hand

National Visa Center

06/16/11 ........... Wife mail DS230 Part 1 Signed to US address

-- including passport photos, her passport, police certificate

-- plus 3 certified copies of each.

06/24/11 ........... NVC Case # Assigned (Phone Check)

-- Choice of Agent selection via mailing DS-3032

07/18/11 ........... Mailed IV & i-864

07/20/11 ........... Package IV & i-864 NVC recived

08/11/11 ........... Case Completed

Consulate Journey

08/19/11 ........... NVC E-Mail Interview Set

for 9/23/2011

08/30/11 - New born baby.

09/05/11 - Report Birth Abroad

10/03/11 - Nguyen Thanh Phu passport received in hand.

10/17/11 - Interview reschedule 11/14/11

11/14/11 - Rescheduled Interview

Filed: K-1 Visa Country: Vietnam
Timeline
Posted

I have a friend who is going through the same process now. His CRBA appointment is April 14th. He's sent a handful of emails to the consulate requesting details, especially about the DNA test, and none of his emails have been answered except for one giving him the appointment date.

The Foreign Affairs Manual says the swab sample must be witnessed by a foreign service officer or designated consulate employee, and must be submitted on the consulate premises, but I've heard that the HCMC consulate just sends you to IOM for the swab samples to be taken. I'll post when I get any updates from my friend.

12/15/2009 - K1 Visa Interview - APPROVED!

12/29/2009 - Married in Oakland, CA!

08/18/2010 - AOS Interview - APPROVED!

05/01/2013 - Removal of Conditions - APPROVED!

Filed: K-1 Visa Country: Vietnam
Timeline
Posted

it's probably too late for me to do a formal one before the interview, as i'm in the US and they're in Vietnam. we did try to do an official one when my son was first born, but my fiancee lives in a very rural area and they don't have the technology...we had to go to hanoi or saigon and i didn't want to submit my 2 week old son to the travel.

anyways it's not a big deal for me to get it done, i'm just wondering if the CO will have a problem and request one at the interview.

K-1, CRBA, AOS, GC

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

I don't know if its going to be a big problem. But your infant gonna get a US passport so hes not gonna be sponsor at all. So I dont see if being any related at all. who knows..we'll see....let me know how it goes buddy..I'm behind you

I'm still waiting for NOA2

07/2001 .............Met Huong when she's 14

01/23/10 ............Re-Met through Family, spoke on Skype.

Visa Journey

CR-1 Visa Journey

10/20/10 ............VN w/ Dad & Son

11/05/10 ............Married

01/25/11 ............I-130 sent (Chicago Lockbox)

01/27/11 ............I-130 delivered

01/27/11.............NOA1

03/07/11.............Touched

03/08/11 ............Back in US for Federal 2011 Taxes

03/26/11 ............Ultrasound - BABY BOY

05/24/11 ............Request for Evidence (E-Notice/Online Verified)

05/26/11 ............RFE Rec & Sent - Wanted 2 Copy Certified Divorce Decree

06/06/11 ............NOA2 Online - NVC Here I come

06/11/11 ............NOA2 in Hand

National Visa Center

06/16/11 ........... Wife mail DS230 Part 1 Signed to US address

-- including passport photos, her passport, police certificate

-- plus 3 certified copies of each.

06/24/11 ........... NVC Case # Assigned (Phone Check)

-- Choice of Agent selection via mailing DS-3032

07/18/11 ........... Mailed IV & i-864

07/20/11 ........... Package IV & i-864 NVC recived

08/11/11 ........... Case Completed

Consulate Journey

08/19/11 ........... NVC E-Mail Interview Set

for 9/23/2011

08/30/11 - New born baby.

09/05/11 - Report Birth Abroad

10/03/11 - Nguyen Thanh Phu passport received in hand.

10/17/11 - Interview reschedule 11/14/11

11/14/11 - Rescheduled Interview

Filed: K-1 Visa Country: Vietnam
Timeline
Posted

According to the paperwork my fiance got at her interview, we have to submit to DNA testing also. But it has to go through a lab approved by the consulate. You can get a listing, do the swab test and they will send your results to the consulate. If its not done by an approved lab they will disregard it. The consulate can and will withhold your fiance's visa until this is done because you are not married, unless you convince them of proof of relationship. Don't count on that happening. My fiance's pink slip was there, they asked 2 questions got her medical and told her to do DNA screening.

Filed: K-1 Visa Country: Vietnam
Timeline
Posted

Quann, wait for directions from consulate first. But everything is shipped by fedex. When is her interview date? If the child is already born then do a "notice of child born abroad" you can submit your DNA swab in US at a moments notice but nothing is done until she and your child submit their samples which is done at the consulate, then sent to a lab in US for testing to match yours.

Filed: K-1 Visa Country: Vietnam
Timeline
Posted

we don't have an interview date yet (i expect sometimes in may as HCM has received our ds2001/230i). i just googled "notice of child born abroad us citizen" but didn't come up with any useful link, do i do this with the consulate in VN? should i tell my fiancee to contact the HCM consulate and try to get the process going asap before the interview?

also how does that affect my son's K-3 petition status and me in sponsoring him? will he be granted a us passport once they get the result?

K-1, CRBA, AOS, GC

Filed: K-1 Visa Country: Vietnam
Timeline
Posted

He gets a passport no problem but they don't want to issue one to him without knowing he's yours. Go to "us state.gov" to the HCM consulate website and look for the directions "if a child is born abroad" You need to have the consulate aware of your child before the interview so you can have your ducks in a row. I am sure your fiance can submit a DNA swab before the interview so as not to drag things out further. The consulate puts this situation as a child "born out of wedlock" since you are like me doing a K1 visa. My email is riggsbeeclay@yahoo.com if you need any help. You should also write your congressman they will at least respond and point you in the right direction. It could be different if you filed paperwork for both but you have time now to find out the correct procedure.

Filed: K-1 Visa Country: Vietnam
Timeline
Posted

i have emailed clay personally but also want to keep the thread updated in case anybody doing a search might find something useful here.

going through the consulate website i found this link http://hochiminh.usconsulate.gov/report_of_birth_abroad.html for reporting a birth abroad. seems like it's a whole new process (that i should've done when he was first born). i will call DoS in the morning to see if they could help (to merge the citizenship with my K-1 petition)...if they refer me to HCM then i'm sol as communication is not one of their strong points :).

my fiancee did get through to a live viet operator once but they said no info on the case can be exchanged through the phone. everything must be in person. worst case my fiancee will travel to saigon and speak to them personally.

clay suggested i write to my congressman but not sure if they'll get back to me in time. i think i've found most of the answers? anything else i'm missing? i don't think it's better to suddenly veer off and do this for my son amidst the K-1 especially since we're so close? one pro is it would be cheaper as the total cost is $205 and we have most of the required docs already (from the K-1).

K-1, CRBA, AOS, GC

Filed: K-1 Visa Country: Vietnam
Timeline
Posted

to sum up my long post above: i'm still trying to get a HCM-certified/documented DNA test to add onto my K-1 petition as right now imo it's the most expedited method to getting mother/son to the USA. i'm trying to avoid the CBaR route as that would just add a layer of complexity and time to my current situation.

(this is what you get when you don't have attorney or agent helping...trials and errors and adjustments :))

K-1, CRBA, AOS, GC

Filed: K-1 Visa Country: Vietnam
Timeline
Posted

to sum up my long post above: i'm still trying to get a HCM-certified/documented DNA test to add onto my K-1 petition as right now imo it's the most expedited method to getting mother/son to the USA. i'm trying to avoid the CBaR route as that would just add a layer of complexity and time to my current situation.

(this is what you get when you don't have attorney or agent helping...trials and errors and adjustments :))

I'm not sure what you're trying to accomplish here. They aren't going to approve the CRBA and the K1 visa at the same interview. They are two separate processes. They also aren't going to approve the K1 without the CRBA because the child has a claim to US citizenship. My friend's fiancee just went through this. They were blue slipped for the CRBA and baby's US passport at the K1 interview. He's leaving for Vietnam to do the CRBA next week.

12/15/2009 - K1 Visa Interview - APPROVED!

12/29/2009 - Married in Oakland, CA!

08/18/2010 - AOS Interview - APPROVED!

05/01/2013 - Removal of Conditions - APPROVED!

Filed: K-1 Visa Country: Vietnam
Timeline
Posted

jim from what clay told me...the CO might ask for a paternity test during the interview. i'm trying to do that ahead of time if it helps, otherwise i can just sit back and wait for the interview date since he's K-2 attached to his mother's K-1. are you saying i have to do the CRBA for my son regardless? should i just start a CRBA filing for him then? he was born last july and i filed the K-1/K-2 last september.

K-1, CRBA, AOS, GC

Filed: AOS (apr) Country: Vietnam
Timeline
Posted

If the child is the product of a USC and a VNC.. the child can use CRBA to get a passport.. no K2... start the CRBA as soon as possible if the child is already born...

"Every one of us bears within himself the possibilty of all passions, all destinies of life in all its forms. Nothing human is foreign to us" - Edward G. Robinson.

 
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