ForumTitleContentMemberSexCountryDate/Time
IR-1 / CR-1 Spouse Visa Process & Proceduresdecided to take early dna testing before the interview , result is negative..what to do?

2. He petitioned for the son as a child of his. Bio or not bio, he married that woman and the child becomes his, regardless whether the child is a biological child or not. So he is rightful to file CR2 petition in any case. The question of whether bio or non-bio, is no longer a material fact that will make a difference in determining immigration benefit, thus it is not a big problem whether you have disclose it or not. But if you did put it on the form some where to indicate that he is your bio child, then you need to clarify it. If nothing on the form makes the bio suggestion, then you are probably OK.

I see no need for the US Consulate to request a DNA test. Whether or not the DNA matches the son still qualify for the same type of immigration benefit, as a natural son or a step son, so why would they bother?

Here's the issue:

For Immigration purposes USCIS recognizes 3 parent/child relationships:

1. Biological Child
2. Adopted Child (meeting specific requirements)
3. Step Child

For the I-130 Petition you have to establish the beneficiary's relationship to the US Citizen:

For a BIOLOGICAL child you use the child's birth certificate which lists the US Citizen as their birth parent.

For an ADOPTED child you use the adoption paperwork and other documents to prove the child meets the requirements (orphan etc).

For a STEP child you use the marriage certificate between the step parent & biological parent and the child's birth certificate showing the relationship to the biological parent.

USCIS doesn't equate "Listed on birth certificate" with "Biological Parent" and will request DNA if they have even the slightest doubt of the child's paternity. Since the child was born 18 months prior to the marriage I would expect the Embassy to want DNA. I imagine the only reason they didn't ask for it in the denied CRBA filing was because the US Citizen didn't meet the residency requirement so there was no point.

The implications of a naturalized US Citizen and his Filipino wife getting caught MISREPRESENTING A MATERIAL FACT while attempting to secure immigration benefits are severe, don't take the chance.

Edited by Bob 4 Anna, 06 January 2012 - 04:01 PM.

Bob 4 AnnaMalePhilippines2012-01-06 16:00:00
IR-1 / CR-1 Spouse Visa Process & Proceduresdecided to take early dna testing before the interview , result is negative..what to do?

I think they usually asked that the biological father gives his full consent before visa can be granted...Dats if your wife knows who the biological father is....

For the twentieth time in the thread alone, WRONG WRONG WRONG...

In the Philippines if the biological father isn't married to the mother when the child is born then he HAS NO PARENTAL RIGHTS. We immigrated my wife's two minor sons to the US despite the father not really wanting it to happen. Both of their birth certificates have the bio father's signature acknowledging paternity but since they weren't married he legally is a non-entity. The US Embassy is aware of this and therefore doesn't request input from the bio father in these cases.
Bob 4 AnnaMalePhilippines2012-01-06 09:34:00
IR-1 / CR-1 Spouse Visa Process & Proceduresdecided to take early dna testing before the interview , result is negative..what to do?

So the lesson for people in the future doing DNA tests: If the results of the test will not effect your decision do it *AFTER* the process if you feel the need.

Wrong lesson, it's better to know and take the proper course of action from the start so do it BEFORE you start anything. Just because you don't know doesn't mean the Embassy won't ask for DNA.

Yes. but more importantly...
OP...This ball of twine has too many knots. You best get a lawyer ASAP. Even b4 you contact NVC. Untying this knot will take some time and some professional help. Plain and simple. You committed fraud. Willfully or not.. is what you will have to prove.

Good luck. :thumbs:

I agree with the advice to get a lawyer and I don't think I'd trust one in the Philippines unless they have impeccable references...
Bob 4 AnnaMalePhilippines2012-01-05 22:28:00
IR-1 / CR-1 Spouse Visa Process & Proceduresdecided to take early dna testing before the interview , result is negative..what to do?

my son was born april 2008.. we got married nov 2009..who should i call USCIS or NVC?

Contact the NVC since your case is currently there.
Bob 4 AnnaMalePhilippines2012-01-05 21:56:00
IR-1 / CR-1 Spouse Visa Process & Proceduresdecided to take early dna testing before the interview , result is negative..what to do?

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 by Bob 4 Anna, 05 January 2012 - 06:15 PM.

Bob 4 AnnaMalePhilippines2012-01-05 18:14:00
IR-1 / CR-1 Spouse Visa Process & Proceduresdecided to take early dna testing before the interview , result is negative..what to do?

markym

when was your son born? Was he born after you were married? If yes, Probably they won't request for a DNA test. Keep calm

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.
Bob 4 AnnaMalePhilippines2012-01-05 18:03:00
IR-1 / CR-1 Spouse Visa Process & Proceduresdecided to take early dna testing before the interview , result is negative..what to do?

If the real father finds out he has a kid out there are you prepared for a possible deportation order for the child?

Have you read any of the replies that are from people who actually under the Family Code in the Philippines?

As I have stated at least twice in this thread alone, since the bio father wasn't married to the mother under Philippine law he has no legal parental rights. This is a none issue.

The only issue here is how to handle the situation with USCIS, letting them know that he's not the bio father so there is no Material Misrepresentation involved in the case.


Bob 4 AnnaMalePhilippines2012-01-05 17:59:00
IR-1 / CR-1 Spouse Visa Process & Proceduresdecided to take early dna testing before the interview , result is negative..what to do?

As for your situation, I think that it does not matter who the biological father of the child is, legally YOU are the father, PERIOD. I think that you should just keep going with the whole process. Good luck!

What you THINK doesn't matter, what the USCIS wants to know does matter.


The only way you could be more wrong is if you said it doesn't matter who either biological parent is.

USCIS makes a distinction between biological child and step child. 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.

Defining the qualifying relationship between the petitioner & beneficiary is a Material Fact, lie about it and get caught and you'll unleash a firestorm of USCIS trouble.
Bob 4 AnnaMalePhilippines2012-01-05 15:55:00
IR-1 / CR-1 Spouse Visa Process & Proceduresdecided to take early dna testing before the interview , result is negative..what to do?
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.
Bob 4 AnnaMalePhilippines2012-01-05 13:49:00
IR-1 / CR-1 Spouse Visa Process & Proceduresputting visa on hold?
Additionally you can delay things at the NVC for upto 1 year by simply waiting to pay the fees and submit the documents.

All in all you can easily stretch things out so that from sending the application to POE is in the area of 24 months.
Bob 4 AnnaMalePhilippines2012-01-10 11:31:00
IR-1 / CR-1 Spouse Visa Process & ProceduresUSCIS made a mistake and gave wife CR-1 green card instead of IR-1

when is the cut off for IR vs CR. I know the whole '2 yr' thing but at what point? Interview? Granting of visa? POE? Our two year will fall very closely around these dates...

POE is the event that triggers Card Production. If you enter AFTER your 2 Year Anniversary then a 10 Year Greencard (without conditions) should be issued.
Bob 4 AnnaMalePhilippines2012-01-08 22:25:00
IR-1 / CR-1 Spouse Visa Process & ProceduresI-130 RETURNED

Also, I paid with a money order from my bank onbase in Japan.

Is that money order drawn on a US based Bank?

USCIS requires all payment be drawn on a US based Bank.
Bob 4 AnnaMalePhilippines2012-01-18 10:25:00
IR-1 / CR-1 Spouse Visa Process & ProceduresI-130 RETURNED

You will have to send check with every petition you are submitting - that's pretty obvious. If you get RFE, that you do not pay anything, if they reject petition, you definitely do.

If USCIS rejects the petition packet then you get your check returned with the packet.

You'd just correct the packet and resubmit with the original check.


Bob 4 AnnaMalePhilippines2012-01-17 13:58:00
IR-1 / CR-1 Spouse Visa Process & ProceduresCR1 visa refusal at interview Mumbai - section 221g

my wife provided all required documents at interview. even that they ask few more......which is not make sense.

Actually it does make sense.

The CO felt your originally submitted evidence of ongoing relationship was weak.

You stated yourself that you had not returned to India since you married her. How long was that?

You never sent her a letter/card or any money in that time also.

These are things called Red Flags, they indicate there may be reason for the CO to look a little deeper into your case.

That's what he did and he determined the additional evidence was enough to overcome the original doubts.

In short the process worked for you...
Bob 4 AnnaMalePhilippines2011-07-12 14:52:00
IR-1 / CR-1 Spouse Visa Process & ProceduresIR-2 Stepchildren Philippines
There's actually a lot of information right here on VJ (see my signature).

If you have new/updated or better information they simply share it in a thread.

Posting your e-mail address on a public thread is tantamount to inviting spam.
Bob 4 AnnaMalePhilippines2012-02-02 15:28:00
IR-1 / CR-1 Spouse Visa Process & Proceduresleaving after 90 days?!
You do have the choice of overstaying but you will be out of status.

When you file to adjust status to LPR the overstay won't impact your approval.

The downside is that you won't be able to do a lot of things until you do file to Adjust Status.
Bob 4 AnnaMalePhilippines2012-02-15 17:06:00
IR-1 / CR-1 Spouse Visa Process & ProceduresK-3 VISA CHILD OF SPOUSE
Moved from "K-3 Spouse Visa Process & Procedures" as OP appears to be going for IR/CR Visas...

Edited by Bob 4 Anna, 24 February 2012 - 09:29 PM.

Bob 4 AnnaMalePhilippines2012-02-24 21:28:00
IR-1 / CR-1 Spouse Visa Process & ProceduresConfused
Gentle reminder:

If there is a child in need of a Visa (would have originally been a K-4 Derivative) that child will need an I-130 as there are no derivatives for CR/IR Visas. You should file the I-130 for the child ASAP and on the cover letter specifically request an expedite as the parent has an approved I-130 that is currently at NVC Processing, include the USCIS file number.
Bob 4 AnnaMalePhilippines2012-02-29 09:38:00
IR-1 / CR-1 Spouse Visa Process & Procedureshelp for my sister and her husbands AOS
Moved because the question isn't about AOS, it's actually about ROC for a Greencard that should been issued without conditions.

@OP, since they've waited 2 years I'm not sure if they can get it corrected now. Hopefully someone else will have more info for you.
Bob 4 AnnaMalePhilippines2012-02-29 17:06:00
IR-1 / CR-1 Spouse Visa Process & ProceduresSocial Sceurity Numner

I hope you're right!!!

A material fact is something that would affect the decision like your relationship to the petitioner or criminal history.

At the interview tell the CO that you didn't realize SSN were issued forever but now understand this and provide the SSN.
Bob 4 AnnaMalePhilippines2012-02-29 19:35:00
IR-1 / CR-1 Spouse Visa Process & ProceduresSocial Sceurity Numner
Your SSN isn't a material fact of the Visa Process. Disclose the error at your interview.
Bob 4 AnnaMalePhilippines2012-02-29 17:45:00
IR-1 / CR-1 Spouse Visa Process & ProceduresIf I file 3 seperate i130s (wife and two step daughters) will they be joined?
Each case will receive their own NOAs and Embassy Case Numbers from NVC. You'll only pay one AOS Fee but 3 IV Fees and you'll submit 3 AOS Packets with almost identical information (just changing the beneficiary but acknowledging the other 3 beneficiaries in your household size).

NVC won't schedule any interviews until all 3 cases are completed. When the interviews are scheduled by NVC they might be for different times but on the same date and honestly the kids' interviews will be conducted simultaneously with the Mom's.
Bob 4 AnnaMalePhilippines2012-03-02 11:12:00
IR-1 / CR-1 Spouse Visa Process & ProceduresImmigrated to USA, got temp visa, but no Green Card
Check your case status online: https://egov.uscis.g.../jsps/login.jsp

Click on Check my Case status and enter the receipt number from your NOA1/NOA2.

If it says your greencard has been mailed already then contact USCIS.
Bob 4 AnnaMalePhilippines2012-02-28 14:23:00
IR-1 / CR-1 Spouse Visa Process & ProceduresK3 spouse Visa for me, my son is included in the petition

My husband filed two separate 1-130 petitions, one for me and one for my son . . but until now we are still wating for NOA 2 . .we did not file 1-`129f as everyone is saying it will just delay our papers for approval . . thanks

Based on that you should change your "Filed For" from K-3 to IR/CR-1...

Moving from "K-3 Spouse Visa Process & Procedures" to the CR/IR Forum.
Bob 4 AnnaMalePhilippines2012-03-08 10:11:00
IR-1 / CR-1 Spouse Visa Process & ProceduresK3 spouse Visa for me, my son is included in the petition
Once the I-129f is closed the case is converted to a CR/IR Visa which has no derivatives so your son will now need his own I-130 in order to be issued a CR/IR-2 Visa.
Bob 4 AnnaMalePhilippines2012-02-29 15:46:00
IR-1 / CR-1 Spouse Visa Process & ProceduresCR1 Visa Question

But can't I maintain residency in the U.S. even while working abroad? I could rent an apartment in my name, travel back every 4 months, and have a U.S. bank account. Is that not enough to maintain residency, even if I'm working abroad?

That surely sounds like you'd have maintained residency...
Bob 4 AnnaMalePhilippines2012-01-11 23:52:00
IR-1 / CR-1 Spouse Visa Process & ProceduresCR1 Visa Question

Don't you have to have residency in the US to petition for a fiancee or spouse visa? I thought that's why they were asking for all of the residency proof. I could be mistaken.

If you're not currently residing in the US then you need to prove that you will re-establish residency either before or at the same time the beneficiary will travel to the US.
Bob 4 AnnaMalePhilippines2012-01-11 11:09:00
IR-1 / CR-1 Spouse Visa Process & ProceduresCR1 Visa Question
DCF is an option for many countries...
Bob 4 AnnaMalePhilippines2012-01-10 15:11:00
IR-1 / CR-1 Spouse Visa Process & ProceduresCR1 Visa Question
Moved from "K-3 Spouse Visa Process & Procedures" as the OP is clearly asking about CR-1 process.
Bob 4 AnnaMalePhilippines2012-01-10 13:34:00
IR-1 / CR-1 Spouse Visa Process & ProceduresCR-1/ Criminal Convictions

And now that you mention that, I wonder what they even consider one visa more necessary for disclosure of criminal history than the other. You'd think it would be important, either way, married or not, for their partner to know this info.

There were several high profile cases where a USC Petitioner used a K Visa to bring an alien "fiancee" to the US and either trafficked her for sex (not always personal use only) or physically/sexually abused her and/or her children. This was back int he days when K Visas processed quicker than CR/IR Visas. The IMBRA requirements were put in place to protect the Alien Fiancee from USC Petitioners with a history of Domestic Violence etc. Apparently they assume if you married someone you know them a bit better...
Bob 4 AnnaMalePhilippines2012-03-09 16:19:00
IR-1 / CR-1 Spouse Visa Process & ProceduresCR-1/ Criminal Convictions

Read the interview from this guys page - the one who was denied, so you can get a better understanding of what they said and questioned. Dayani

You can't compare the 2 cases, Davani filed for a K-1 Visa which requires disclosure of past criminal history so that the CO can ensure the Finacee is fully aware of them at interview time.

For CR/IR Visas there is no such requirement. If the charges fall under the Adam Walsh Act then the petition won't be approved in the first place but that is another story.
Bob 4 AnnaMalePhilippines2012-03-09 11:15:00
IR-1 / CR-1 Spouse Visa Process & ProceduresNeed advice on expediting my case

My husband is in ES where 14 people daily are murdered. I'm supporting him, myself and our infant daughter. I'm bipolar. Can I get an expedite? Heck no. Would I attempt to get one? Heck no.

Actually, if a Doctor would sign a letter stating that the stress of raising your daughter alone and worrying about the health & well-being of your husband is exacerbating your condition (Bi-Polar) then you'd have a fair shot at getting your case expedited as you suffer from a real medical condition which is being worse and would be reduced once your husband arrives.
Bob 4 AnnaMalePhilippines2012-03-15 18:26:00
IR-1 / CR-1 Spouse Visa Process & ProceduresI need to bring her here!!!
I just want to chime in with a little bit of general advice for our young friend (the OP).

First, don't over think the process. It isn't as difficult as some will make it out to be. It simply requires precision so be 100% accurate in everything you do within the process.

Next, Visit the Philippine Regional Subforum. There are lot of us Krazy Kanos married to Psycho Pinays/Pinoys (don't anyone get upset, I use the terms with love & respect in jest).

Finally, if you want me to I'll gladly move this thread to the aforementioned Regional Subform so you can get even more advice from others going through the US Embassy in Manila.

In closing, you'll probably hear a lot of mention that the Philippines is a "High Fraud" country and that wouldn't be wrong but it is probably the easiest country in that category so don't worry about it.
Bob 4 AnnaMalePhilippines2012-03-15 13:02:00
IR-1 / CR-1 Spouse Visa Process & ProceduresI-90 USCIS Error

We are filing a I-90 to prove it was there error, but we are having trouble with Part 3 of the application. Questions 3, 4, and 5. If someone can help us it would be greatly appreciated.


Unless the actual Immigrant Visa Application document was updated to reflect her married name I wouldn't count on them accepting that they made the error, especially since the Visa was not only issued but accepted and used with her printed name being what they put on the Greencard.

What will you use to prove USCIS made the error? I ask because we used the Visa which was issued in his correct name to prove USCIS messed-up our Son's name on his Greencard.

For question 3, "city of residence where you applied for an immigrant visa or adjustment of status", I am not sure what city of residence I am required to put. It says either consulate or USCIS office, which one would apply there?


Question 4 says "Consulate or USCIS Office", not #3. Here you put the city of her residence at the time of her application for the Visa.

For question 4, "consulate where immigrant visa or USCIS office where adjustment of status was granted", since she has a CR-1 and had never been to the U.S. prior to the process would we put the consulate where she had her interview?


Yes

For question 5, she entered the U.S. for the first time with a CR-1 after it was approved. For part a. "destination in the U.S. at time of admission", is this the city we currently live in? For part b. "port of entry where admitted to U.S.", if it was Ciudad Juarez, Chihuahua, do we put that or do we put the U.S. city that borders Ciudad Juarez?

The US City that is on the Border where her Point of Entry (the Border Crossing) is located.


Bob 4 AnnaMalePhilippines2012-03-21 16:15:00
IR-1 / CR-1 Spouse Visa Process & Procedureswedding pictures in submitting I-I30
I'll repeat myself:

Does anyone here realize that at the I-130 stage you just need to prove there is a petition-able relationship?

Wedding Pics and such would go towards proving a "Bone Fide" Marriage which is a completely different standard and isn't in question until the Immigrant Visa Interview at the Embassy.

For the I-130 you prove the petition-able relationship (in this case marriage) by providing a copy of the Marriage Contract (I said contract not certificate because this is the Philippines). A copy of the NSO Registered Marriage Contract is best but in all honesty we only provided a "Certified True Copy" of the Civil Registry version (again a Philippines thing) and encountered no problems.
Bob 4 AnnaMalePhilippines2012-03-20 14:09:00
IR-1 / CR-1 Spouse Visa Process & Procedureswedding pictures in submitting I-I30
Why include wedding pics in the I-130 filing? Just include your NSO authenticated Marriage Contract and you'll be fine.

At the I-130 stage they just want you to prove there is a marriage. If there is suspicion of the bone fide(ness) then that will be addressed with additional evidence (such as wedding pics) at the interview.
Bob 4 AnnaMalePhilippines2012-03-20 10:33:00
IR-1 / CR-1 Spouse Visa Process & Proceduresmy wife have a criminal record

Wrong, only intending immigrant needs to include when AOSing. USC spouse doesn't need to include anything else than required forms/pictures.

You're wrong also...

Nobody is asking about Adjusting Status here. This is for filing an I-130 Petition for an Alien Relative.
Bob 4 AnnaMalePhilippines2012-03-22 15:23:00
IR-1 / CR-1 Spouse Visa Process & ProceduresCan someone please help with my case! marrige visa at age 17??
Moved from "K-1 Fiance(e) Visa Process & Procedures" as OP is applying for IR/CR Visa

@OP, please don't ask the same question multiple times again, I have disposed of your duplicate threads.

Edited by Bob 4 Anna, 22 March 2012 - 03:16 PM.

Bob 4 AnnaMalePhilippines2012-03-22 15:15:00
IR-1 / CR-1 Spouse Visa Process & ProceduresAOS fee
First,

AOS Fee is only $88, IV Fee is $404...

Second, which browser are you using? You can only use Internet Explorer with the NVC Payment site.
Bob 4 AnnaMalePhilippines2012-03-26 19:45:00
IR-1 / CR-1 Spouse Visa Process & ProceduresHow Long To Wait To Cancel an I-130
Just wondering, how much later are you talking about?

Once the approved petition reaches NVC you have up to a year to begin NVC processing.

If you're talking about anything less than 2 years time why not just let the petition process?
Bob 4 AnnaMalePhilippines2012-04-06 13:51:00