Husband PR wants to bring Daughter over from Dominican Republic

[Mar&Alej 0]

Hello People,

Hope everyone is well and blessed !!! Question, please direct me in the right path..... My husband just got his conditional status removed ( yeah ) and now he is a legal Permanant Residant. He has 2 daughters... a 15 year old in the Dominican Rep and another in Mexico.. when doing all of his paper work to sponser him to the USA as my fiance and then status adjustment and then remove condition on green card he put his daughter from Mexico in all forms where asked about children.. he didnt mention the one in DR because his name is not on her birth certificate , he has always had a relatiobship with his daughter but never realy know if he was her actual biological father, He would like to take a DNA /paternity Test and bring her to the united states..what steps should we take to make this happen?? of course DNA test i assume can be expensive so is there a Immigration type DNA test and if taken how long it is vaild for ..etc...

thanks in advance

[angelo gutierrez 6]

Hello People,

Hope everyone is well and blessed !!! Question, please direct me in the right path..... My husband just got his conditional status removed ( yeah ) and now he is a legal Permanant Residant. He has 2 daughters... a 15 year old in the Dominican Rep and another in Mexico.. when doing all of his paper work to sponser him to the USA as my fiance and then status adjustment and then remove condition on green card he put his daughter from Mexico in all forms where asked about children.. he didnt mention the one in DR because his name is not on her birth certificate , he has always had a relatiobship with his daughter but never realy know if he was her actual biological father, He would like to take a DNA /paternity Test and bring her to the united states..what steps should we take to make this happen?? of course DNA test i assume can be expensive so is there a Immigration type DNA test and if taken how long it is vaild for ..etc...

thanks in advance

This will be complicated a little bit because his name is not showing on the birth certificate, but i THINK in this case he needs to adopt the child in order to bring her to US. I think it will be better if you guys go to an expert e.g Immigration Lawyer. Good luck with your case.

[LIFE'SJOURNEY 970]

Wrong answer ^^^ He will file the 130, along with the BC. The embassy will request the DNA. It would help if he could get his name added to the BC, or a letter from the mother stating that he is the father.

Edited February 26, 2012 by LIFE'SJOURNEY

[Mar&Alej 0]

awesome, thats what i was thinking, My Husband says that its not complicated getting his name added to the BC, that he has to go basically aknowledge her,

[LIFE'SJOURNEY 970]

awesome, thats what i was thinking, My Husband says that its not complicated getting his name added to the BC, that he has to go basically aknowledge her,

But remember if hubby file for the daughter it could take 3 years. His status is LPR.

[Sandra G. 5,074]

check it out

http://www.state.gov/documents/organization/130607.pdf

NOTE: you may recommend DNA testing, but may not require it.

c. When genetic testing appears warranted, advise the applicant that genetic testing may establish the validity of the relationship; that such testing is entirely voluntary; and that all costs of testing and related expenses must be borne by the petitioner and/or beneficiary and paid to the laboratory in advance. In addition, caution the applicant that submitting to testing does not guarantee the subsequent issuance of a visa.

Do not approve a Form I-130, Petition for Alien Relative, which lacks documentary evidence and relies upon genetic testing as sole proof of the qualifying relationship. Such cases are not clearly approvable and therefore the petitions must be forwarded to USCIS for adjudication.(page 4)

[aaron2020 11,651]

But remember if hubby file for the daughter it could take 3 years. His status is LPR.

If the children were under 18 when the father married the US citizen, then the US citizen can petition them as her stepchildren.

For a child under 21, the US stepparent can petition for the child as an Immediate Relative. This takes 6-12 months for an immigration visa.

[JimVaPhuong 4,863]

If the children were under 18 when the father married the US citizen, then the US citizen can petition them as her stepchildren.

For a child under 21, the US stepparent can petition for the child as an Immediate Relative. This takes 6-12 months for an immigration visa.

Agreed. The daughter is currently 15 years old, so I think they have that base covered. She's the OP's step-child. Where the problem is going to arise is proving the parent/child relationship with her husband. DNA alone isn't sufficient because other close relatives of the beneficiary (a brother, for example) could potentially give a positive DNA test. Since the child was born out of wedlock they will probably want proof that the child has been legitimated under the laws of the foreign country. That documentation, coupled with a DNA test, should be enough to prove he's her father.