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

So we have a child of 1 month but we have not gotten a marriage certificate yet. The consulate website says that having a child out of wedlock requires DNA testing. But once we get our marriage certificate, does the child still qualify as a child born out of wedlock? We also haven't done the birth certificate yet (we're in Vietnam) because here, in order for the child to get my last name (and have my name on the certificate) we must have a marriage license. For DNA testing here we have to take the baby all the way up to hanoi and it costs $500. Testing from the US doesn't qualify.

Show Timeline:

Apr 2009 - We first met. Fear at first sight!
Apr 2009 - First date--actually to bernie c's wedding no less!
Aug 2009 - promise ring
Nov 2009 - moved in together
Mar 2010 - pregnant!
May 2010 - engagement
Jun 2010 - wedding
Dec 2010 - its a girl!
Dec 2010 - signed marriage cert
May 2012 - got CRBA and passport for baby
06-16-2012 - I-130 Package sent for CR1 spousal visa
06-26-2012 - NOA-1 -> CSC
10-04-2012 - NOA-2
10-23-2012 - Paid AOS / Emailed DS-3032
11-08-2012 - Paid IV
11-21-2012 - Mailed AOS/IV packets
12-12-2012 - Received Checklist for Police Certificate (missing translation)
12-12-2012 - Mailed Translated PC
12-21-2012 - Case Completed at NVC. Qualified for IR1 visa
03-19-2013 - Interview


06-21-2012 - USCIS received I130 from abroad
06-26-2012 - NOA-1 -> CSC
10-04-2012 - NOA-2
12-21-2012 - Case Completed at NVC
03-19-2013 - Interview - Passed!

04-04-2013 - POE LAX 2 hour wait My parents picked us up!

04-16-2013 - Received green card

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Filed: K-1 Visa Country: Vietnam
Timeline

So we have a child of 1 month but we have not gotten a marriage certificate yet. The consulate website says that having a child out of wedlock requires DNA testing. But once we get our marriage certificate, does the child still qualify as a child born out of wedlock? We also haven't done the birth certificate yet (we're in Vietnam) because here, in order for the child to get my last name (and have my name on the certificate) we must have a marriage license. For DNA testing here we have to take the baby all the way up to hanoi and it costs $500. Testing from the US doesn't qualify.

Yes, the child was born before you were married so the child was born out of wedlock. Unfortunately, the law requires that a blood relationship with the US citizen father must be established by clear and convincing evidence, which currently means a DNA test.

I wasn't aware of the requirements to have the test done in Hanoi. Did you find this on the consulate website, or did you get this information direct from the consulate? $500 sounds pretty reasonable. Labs in the US charge comparable fees.

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!

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

Yes, the child was born before you were married so the child was born out of wedlock. Unfortunately, the law requires that a blood relationship with the US citizen father must be established by clear and convincing evidence, which currently means a DNA test.

I wasn't aware of the requirements to have the test done in Hanoi. Did you find this on the consulate website, or did you get this information direct from the consulate? $500 sounds pretty reasonable. Labs in the US charge comparable fees.

my sister in laws husband was told that he had to get the testing done in hanoi. but im not sure if that is correct or not as he was looking into adoption, which afaik isn't allowed anymore.

Show Timeline:

Apr 2009 - We first met. Fear at first sight!
Apr 2009 - First date--actually to bernie c's wedding no less!
Aug 2009 - promise ring
Nov 2009 - moved in together
Mar 2010 - pregnant!
May 2010 - engagement
Jun 2010 - wedding
Dec 2010 - its a girl!
Dec 2010 - signed marriage cert
May 2012 - got CRBA and passport for baby
06-16-2012 - I-130 Package sent for CR1 spousal visa
06-26-2012 - NOA-1 -> CSC
10-04-2012 - NOA-2
10-23-2012 - Paid AOS / Emailed DS-3032
11-08-2012 - Paid IV
11-21-2012 - Mailed AOS/IV packets
12-12-2012 - Received Checklist for Police Certificate (missing translation)
12-12-2012 - Mailed Translated PC
12-21-2012 - Case Completed at NVC. Qualified for IR1 visa
03-19-2013 - Interview


06-21-2012 - USCIS received I130 from abroad
06-26-2012 - NOA-1 -> CSC
10-04-2012 - NOA-2
12-21-2012 - Case Completed at NVC
03-19-2013 - Interview - Passed!

04-04-2013 - POE LAX 2 hour wait My parents picked us up!

04-16-2013 - Received green card

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