DNA Result

[IcezMan_IcezLady 582]

Well thats good! Hopefully it all works out for you. It seens to me you just need to send them the new info. Either way its not necessary for them to be your children to get the Visa because you are allowed to bring over your wife and her childen even if they weren't yours. If I'm wrong somebody correct me.

He needs permission from the children's father. The mother cannot take the children out of the country without their father's consent. But if the father is not in the picture, OP should consider adopting the children. That's way that child can leave the home country to join him in the US.

[IcezMan_IcezLady 582]

the husband would like to do another DNA test because the wife still insisting that the mistake somewhere. she believe that children are her husband children.

Do you believe DNA test can be wrong?

You can do another DNA test to get a second opinion. But i caution against taking your wife's word just for this situation.

it is possible that wife might not have cheated to result in that conception. Medical accidents happen and sexual assaults could also be a possibility.

If the test result was not a mistake, then unfortunately, even though you may have played the father role in the child's life, you have no LEGAL claim to the child.

You can try and adopt the child but both parents of the child will have to give consent for you to adopt that child.

[Transborderwife 4,666]

That's not true.

You can bring an adopted child. The process might take longer but it is can be done.

If OP has known the child to be his own and has cared for the child like his own. And the child's biological father is nowhere in the picture, the child can be adopted by OP.

.

What I meant was that the children would not receive citizenship that way

[IcezMan_IcezLady 582]

What I meant was that the children would not receive citizenship that way

The child can receive citizenship per the Child Citizenship Act (2000)

The Child Citizenship Act of 2000 was designed to make acquisition of U.S. citizenship easier and to eliminate extra steps and costs. Under the Child Citizenship Act, children adopted abroad automatically acquire U.S. citizenship if:

At least one of the child's parents is a U.S. citizen;

The child is under 18;

1. The child lives in the legal and physical custody of the American citizen parent;
2. The child is admitted into the United States as an immigrant for lawful permanent residence; and
3. The adoption is final.

http://travel.state.gov/content/adoptionsabroad/en/us-visa-for-your-child/acquiring-us-citizenship-for-your-child.html

OP's concern should be whether another man will allow him to take his child away.

That's if the DNA results is upheld.

[Unlockable 7,315]

mt20,

I will ignore the huge 600 pound Gorilla in the room in an effort to offer sound advice.

Your best option would be for adoption. This will be a lengthy and difficult process but if you want the children in your life in America this will be the right thing to do.

I suggest you start seeking legal counsel on the adoption process for immigrant children.

Best of luck to you!

[NigeriaorBust 4,087]

If you filed for the children as your children then they do not qualify as your children. If you married their mother before they were 18 then they qualify as your step children. The chance of a new DNA test having different results is zero. Another man created those children unless the DNA in your check is different than the DNA in your sperm. If you recently got your citizenship by marrying a USC that you divorced the embassy will very closely at all this. To immigrate as your stepchild the mother must have sole authority over the child or the

[ExPatty 502]

the husband would like to do another DNA test because the wife still insisting that the mistake somewhere. she believe that children are her husband children.

Do you believe DNA test can be wrong?

No. She is lying to you and this is a desperate bluff.

[FarrahIdir 46]

In florida if you are married and ur wife has a baby with another, you're still considered the father legally. Had this with a foster care placement. .long story.

DNA tests are pretty sound, do another for peace of mind but it sounds like adoption is best course of action

[Transborderwife 4,666]

In florida if you are married and ur wife has a baby with another, you're still considered the father legally. Had this with a foster care placement. .long story.

DNA tests are pretty sound, do another for peace of mind but it sounds like adoption is best course of action

This is true. I have first hand experience with my daughter during a long, drawn out divorce. It's actually this way in most states. But I believe that the child must have been born in the state that this is law to be the legal father.

[FarrahIdir 46]

This is true. I have first hand experience with my daughter during a long, drawn out divorce. It's actually this way in most states. But I believe that the child must have been born in the state that this is law to be the legal father.

It's a bad law for some kids in foster care. Unfortunately I don't see a change in this.

[merc0230 28]

Maybe I am missing something here (and I will also ignore the elephant in the room) and chime in here.

As long as the mother has the biological father's permission (or if there is none in the picture), Why is adoption necessary? Aren't there many step-fathers (and mothers) that go through the immigration process?

I do realize immigration is going to have questions regarding why the wife had another man's child, but I don't see why the OP has to adopt.

[Unidentified 2,930]

the husband would like to do another DNA test because the wife still insisting that the mistake somewhere. she believe that children are her husband children.

Do you believe DNA test can be wrong?

No, DNA testing is super accurate (some say 99.99% some say 100%). If the test say he is not the father then he is not the father.

[Unlockable 7,315]

Maybe I am missing something here (and I will also ignore the elephant in the room) and chime in here.

As long as the mother has the biological father's permission (or if there is none in the picture), Why is adoption necessary? Aren't there many step-fathers (and mothers) that go through the immigration process?

I do realize immigration is going to have questions regarding why the wife had another man's child, but I don't see why the OP has to adopt.

Merc0230,

You are correct that many USCs (including myself) petition for children of their fiance/spouse that are not biologically theirs. The OP did not offer a great deal of detail in his post but from what we gather he originally stated in his visa application that the children WAS biologically his; thus leading to the true reveal.

Had he known the truth beforehand (the Gorilla/Elephant in the room) he could have made the proper application in regards to the children.

Immigration may now think he may have tried to pull a fast one on them in regards to claiming the children were his. So he may still be able to bring the children on spouse visa but when it comes time for the ROC this will be a huge flag on whether this was a bonefide marriage.

[Jawaree 718]

What happen when DNA results of your children are negative? should your get visa?

I know of someone that happen to about 12 yrs ago, he & wife had 4 kids

together before & after marriage....for some reason at the interview the CO

requested 2 DNA, turns out the last one was not his, this broke them apart,

but he still loved the kid, he got an atty who had him adopt the kid, he'd raised

the boy since birth & psychological damages were part of their arguments,

consulate allowed the adoption after all that's who the kid knew as dad, &

the child cannot be blamed or made to suffer.

They should get an atty & look into adoption, but if none belongs to him its hard

to convince them it was not a business arrangement....Ages ago women would

put their babies name in the biz hubbyname & do a name change after they had GC

DNA changed that

[Penguin_ie 5,996]

Immigration may now think he may have tried to pull a fast one on them in regards to claiming the children were his. So he may still be able to bring the children on spouse visa but when it comes time for the ROC this will be a huge flag on whether this was a bonefide marriage.

I agree this will be a big issue going forward- either they think both of the couple lied on official paperwork when they said the kids were his, and they are both in trouble (though realistically, it is unlikely it will affect the USC petitioner directly), or they think SHE lied to him, and thus the bonafides of the relationship are i question. Either way, her getting a visa will be difficult now.