decided to take early dna testing before the interview , result is negative..what to do?

[Matt1968 13]

Why take the chance? If they do question it and they've not been honest on the forms then are you going to help them get the kid and his wife her (since she'll sign the DS-230 for the minor and be at the interview I'd imagine she'll be on the hook for Material Misrepresentation).

Don't be so reckless as telling someone to ignore the lifetime ban that could result if they do ask for a DNA test.

I agree. One thing that is constantly stress to everyone filling out the applications is to be completely honest. I wouldn't risk a Material misreprestation by going on a what can probably or probably not happen.

Matt

[Deputy Purple 1,294]

What if the father immigrates to the US one day and demands rights? What if the father confronts her at the airport? I'd definitely seek closure.

It doesn't matter, the father has zero parental rights. The US can't give a Filipino parental rights over another Filipino citizen.

Regarding if the bio father immigrates to the US someday, all the OP has to do is step-parent adoption and even the US won't entertain the bio-father's notions...

BTW, just a note: If the Embassy wants DNA you will have to pay for a test via their provider, they don't accept DNA results requested by 3rd parties.

Edited January 5, 2012 by Bob 4 Anna

[I AM NOT THAT GUY 5,715]

OP: If you got your answer, and think the thread has run it's course, use the "Report" button at the lower left corner of your first post to ask to have the thread closed.

Edited January 5, 2012 by ☼

[JohnandWendyB 21]

the real father doesnt even know that he is the father..

im the one who sign the child's BC..

will they still contact the biological father?

In some circumstances in some states if you are married to the mother when she gives birth, you are the father regardless of who "donated the sperm". I am not a lawyer so you might want to consult someone who actually knows the law where you are and how it would apply to immigration. If you want to accept the child as your own and you are married to the mother, then this could really be a situation you need to think through knowing the legal implications before doing anything. Kudos to you for wanting to step up to the plate for an innocent child versus knee-jerk reactions.

[Ban Hammer 13,754]

several posts removed for judgmental comments that are unnecessary to the question by the op. another post removed for violation of vj tos:

Condone or instruct, either directly or indirectly, others on how to commit fraudulent or illegal immigration activities in any way, shape, manner or method.

other posts removed for namecalling.

thread bans - or worse - will follow if any of the above behavior continues.

[Scafidi454 22]

.

Edited January 6, 2012 by Scafidi454

[~happyndinlove~ 540]

Only if she discloses who the father is. The presumption is whoever is named on the child's birth certificate is the child's biological father.

Are you suggesting that the OP lie? The OP petitioned the child as his biological son. If the Embassy requires a DNA test, a lifetime ban could come with the results.

[Palladin 18]

That s*cks big time major league.

But that's up to you guys to decide. No one here will try to be a moral judge. You have to however decide whether you can live your life together to help raise a child who is from a guy who slept with your wife for a night and then get you kooked up to carry his gene for a lifetime for free. It is hard to swallow for most men.

And the US Consulate would also consider these factors in granting your wife a visa. With this known factor, will your marriage even last. If it does not seem likely it can last long, can they consider your relationship bona fide? If they don't think your marriage can last why should they grant her a visa. The VO might decide to just give her a visa denial and let you guys fight it for a year or two to sort it out and prove that your relationship does last.

Now for the child.

If the child was considered your biological child, even by perception, you would have had no need to petition for the child, you would just get it a US passport through the US Consulate, by simply registering the overseas birth of a child of a US citizen. That is regardless whether you were married or not. Biological child of a US citizen is considered a child of the US citizen and obtains US citizenship upon birth, whether you are a father or a mother, as long as you claim the parenthood. So you would have had no need for a CR2 petition to begin with assuming you had a biological child.

Now that you found out the child is not your biological child, there are two cases:

1. The child was born BEFORE your marriage. Then upon your marriage, the child becomes your step-child, by virture of being the child of the mother and comes to become your family member upon the marriage. You petition the child on an CR2 visa petition.

2. The child was born AFTER your marriage. In this case I think the child is NOT even your step child. Just because the child pops out of your wife's tummy does not make he/she your child/stepchild. Some thing must have happened AFTER birth which made the child acquire the step child relationship. Since you were already married, no such event happened which would have allowed the child to acquire that relationship. So the child is neither your biological child nor a step child. You would have to go through some sort of legal process to formally ADOPT that child as your adopted child. For such adoption you would have to show that the biological father has ABANDONED the child as well as the mother.

[~happyndinlove~ 540]

If they are told he is the biological father then the US Embassy may ask for DNA. If DNA results are negative then there will be a charge of Material Misrepresentation.

In this case the US Embassy may still ask for DNA to prove he isn't the biological father since he did sign acknowledgement on the birth certificate.

[Palladin 18]

Further on the child's real status. From USCIS:

A step-child, as long as the marriage creating the step-relationship occurred before the child turned 18.

So to be the step child, the child must first exist, be born and be under the age of 18. And second a specific event, the marriage, occured to switch the relationship from non-step-child to that of a step-child. If you were married BEFORE the birth of the child, then no such thing existed to switch on the relationship, therefore the child will NOT be considered a step-child in such a situation.

Now if the child is not a step child, the only other relationship you could claim is adoption. That is tough, too. For adoption to be legitimate, the child has to be an orphan, i.e., without legal custody. The child is obviously not an orphan as he/she is being taken care of by your wife. So how could you claim an adoption relationship?

Let's face it, this child is created out of adultery. I am not sure if the law gives an adultery child any legal claim of relationship to his/her un-related "father". This is totally different from marrying a woman with a child from a previous marriage, in which case there was no adultery and the child legitimately becomes your step child upon conscious decision of both parents.

[~happyndinlove~ 540]

yes i already did.. i filed it with my wife's petition IR-1.. it's already in NVC, we are ready to send civil documents and DS230.. what should i do? should i call nvc and tell them the truth?

You better see an expert immigration attorney ASAP. And you may wanna PM VJ members JimVaPhuong and pushbrk .

Best of Luck!

[I AM NOT THAT GUY 5,715]

And be aware that the father will be contacted by the US Embassy.

Only if she discloses who the father is. The presumption is whoever is named on the child's birth certificate is the child's biological father.

Are you suggesting that the OP lie? The OP petitioned the child as his biological son. If the Embassy requires a DNA test, a lifetime ban could come with the results.

How do you get from a to b to c?

[I AM NOT THAT GUY 5,715]

Further on the child's real status. From USCIS:

A step-child, as long as the marriage creating the step-relationship occurred before the child turned 18.

So to be the step child, the child must first exist, be born and be under the age of 18. And second a specific event, the marriage, occured to switch the relationship from non-step-child to that of a step-child. If you were married BEFORE the birth of the child, then no such thing existed to switch on the relationship, therefore the child will NOT be considered a step-child in such a situation.

Now if the child is not a step child, the only other relationship you could claim is adoption. That is tough, too. For adoption to be legitimate, the child has to be an orphan, i.e., without legal custody. The child is obviously not an orphan as he/she is being taken care of by your wife. So how could you claim an adoption relationship?

Let's face it, this child is created out of adultery. I am not sure if the law gives an adultery child any legal claim of relationship to his/her un-related "father". This is totally different from marrying a woman with a child from a previous marriage, in which case there was no adultery and the child legitimately becomes your step child upon conscious decision of both parents.

The presumption under Philippines law is that the father named on the birth certificate is the birth father of the child.

Think of the biological father in the case of a sperm donor. Who is the birth father in that case?

Edited January 6, 2012 by ☼

[~happyndinlove~ 540]

Only if she discloses who the father is. The presumption is whoever is named on the child's birth certificate is the child's biological father.

The OP has petitioned the child as his "biological" father. Therefore, a very high probability USEM will request a DNA test. The "presumption" is not a guarantee. It's a chance.

So..I ask again. Are you suggesting the OP lie?

[aboo 0]

First regarding the US Embassy contacting the Biological father:

NO they won't. In the Philippines the biological father has no parental rights unless he is married to the mother when the child is born.

Second regarding the IR-2 petition for the child:

I'm assuming your filed IR-2 because you either weren't a US Citizen or didn't meet the residency requirements to pass US Citizenship to the child when the child was born, correct me if I'm wrong.

Don't cancel the I-130/IR-2 process. IR-2 is the correct Visa for a step-child of a US Citizen. Contact the NVC and make it clear that you are not the biological father.

There was another VJ user who's wife was raped and gave birth (after they were married) as a result. He was successful in securing a Visa for the child. I can't find his thread(s) or remember his name but I bet you could find it if you search.

yes im a us citizen, we applied for crba before i leave philippines but got denied because i didn't meet the residency requirements.so i petition my son together with my wife..it is now at NVC and I already paid the IV bill.

where should i call USCIS or NVC?