DNA Evidence...?

J

jigesh

Registered Users (C)
My sister filed I-130 for my brother in 2005 (California Service Center). Now she got an RFE asking for her marriage certificate, her and my borther's DNA test results. Isn't it strange? My sister had included her and my brother's birth certificates showing the same parents. My brother is in India and we have no idea how to go for DNA tests there and if the USCIS will recognize tests done in India. Does any one have heard of this kind of RFE? Thank you.
 
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jigesh said:
My sister filed I-130 for my brother in 2005 (California Service Center). Now she got an RFE asking for her marriage certificate, her and my borther's DNA test results. Isn't it strange? My sister had included her and my brother's birth certificates showing the same parents. My brother is in India and we have no idea how to go for DNA tests there and if the USCIS will recognize tests done in India. Does any one have heard of this kind of RFE? Thank you.
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Seems like uscis is suspecting the sibling relationship for some reason and wanted a conclusive proof of relationship. Yes it is not uncommon these days for us consulates and uscis to ask for DNA tests given the amount of fraud that is going on. I am sure the us consulates in India have approved labs that they accept the results from. You should inquire with them.

I recently read on this forum about a Nepali asylum seeker filed a derivative petition for his sister claiming that she is his daughter and the us embassy in Nepal suspected this and asked for DNA tests ...
 
Thanks, ksam. I have asked my sister to mail me the RFE so that I can understand better. The deadline to respond is some time next month and I am not sure labs in India would be fast. Also, my sister lives in CA, so she will have to do testing in CA; and brother in India, so I wonder how will they (USCIS) compare the two tests to make sure of blood relationship...I thought the same lab should do both tests so that the lab can say the DNAs "match" or something like that.

BTW, I-130 was filed in 2005 and prority dates are not current for this category yet.
 
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jigesh said:
Thanks, ksam. I have asked my sister to mail me the RFE so that I can understand better. The deadline to respond is some time next month and I am not sure labs in India would be fast. Also, my sister lives in CA, so she will have to do testing in CA; and brother in India, so I wonder how will they (USCIS) compare the two tests to make sure of blood relationship...I thought the same lab should do both tests so that the lab can say the DNAs "match" or something like that.

BTW, I-130 was filed in 2005 and prority dates are not current for this category yet.
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You may want to ask her to fax/scan you the docs instead of mail. That way you can take care of this faster.

For your info --
http://newdelhi.usembassy.gov/dnatesting.html

Good luck
 
ksam said:
You may want to ask her to fax/scan you the docs instead of mail. That way you can take care of this faster.
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Got the scanned letter. They've asked "Marriage certificate of Petitioner and Beneficiary Parents' " and "Genetic Testing Results to determine the biological relationship between you and beneficiary"

My parents are not alive, and I am even not sure if they had any marriage certificate. I am confused if they are asking for marriage certificate of parents or of petitioner (sister) and beneficiary (brother)...Why would they need parents marriage certificate? Thank you.
 
Actually, I've heard there is lots of fraud on siblings green card. So I'm not extremely surprised with DNA test request.
 
Does anyone know if relatives affidavits will do instead of parents marriage certificate? Our parents are not alive and I don't think they registered marriage after Hindu ceremony. Thank you.

DNA test is no problem, need to figure out how one can do it while both siblings (petitioner and beneficiary) are in differet countries.
 
Affidavits should be accepted provided a certifcate of non-availability is also attached.

jigesh said:
Does anyone know if relatives affidavits will do instead of parents marriage certificate? Our parents are not alive and I don't think they registered marriage after Hindu ceremony.
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jigesh said:
Got the scanned letter. They've asked "Marriage certificate of Petitioner and Beneficiary Parents' " and "Genetic Testing Results to determine the biological relationship between you and beneficiary"

My parents are not alive, and I am even not sure if they had any marriage certificate. I am confused if they are asking for marriage certificate of parents or of petitioner (sister) and beneficiary (brother)...Why would they need parents marriage certificate? Thank you.
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Perhaps they are asking for your parent's marriage certificate to see if your sis and the beneficiary brother were born in wedlock. You may want to work on the affidavits if the marriage was not registered.

I am curious as to why they have asked these additional docs. It may be random and luck of the draw. Is your sis naturalized citizen if so when? and what is the age gap between your sis and beneficiary brother? Somewhere in the petition there are red flags ... sorry you guys have to go through this

Like I said they have started to ask for DNA testing due to the amount of fraud that is going on with derivative/relative petitions. It may be random or case by case now but I am sure they will request this for every one in future I am guessing.
 
Thank you, ksam. My sis was naturalized in 2001. The age difference between my sister (petitioner) and brother (beneficiary) is 3. I became naturalized on "EB-1 based greencard plus 5-yr residence after greencard" basis last month.

For the DNA, I already arranged for "Legal DNA" option on easyDNA.net - they'll send one kit to my sister (US) and the other kit to my brother (India); both will go to their respective doctors with IDs, doctor would certify identity, give samples in sealed envelopes and the lab (which is ISO and AABB acredited) will send us report, which we'll send to the USCIS. The RFE did not mention about how/where/what type of genetic tests/lab.

Regarding parent's marriage certificate, since we don't have one any way and none of the parents are alive, affidavit is the only option. They don't give "non-availability certificate" for marriages (they do for births). Hopefully, they will be satisfied with the affidavits.

Our cases are straightforward (or so we thought), but looks like random draw/luck as you said. Thank you.
 
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jigesh said:
Thank you, ksam. My sis was naturalized in 2001. The age difference between my sister (petitioner) and brother (beneficiary) is 3. I became naturalized on "EB-1 based greencard plus 5-yr residence after greencard" basis last month.

For the DNA, I already arranged for "Legal DNA" option on easyDNA.net - they'll send one kit to my sister (US) and the other kit to my brother (India); both will go to their respective doctors with IDs, doctor would certify identity, give samples in sealed envelopes and the lab (which is ISO and AABB acredited) will send us report, which we'll send to the USCIS. The RFE did not mention about how/where/what type of genetic tests/lab.

Regarding parent's marriage certificate, since we don't have one any way and none of the parents are alive, affidavit is the only option. They don't give "non-availability certificate" for marriages (they do for births). Hopefully, they will be satisfied with the affidavits.

Our cases are straightforward (or so we thought), but looks like random draw/luck as you said. Thank you.
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I am sure everything will be ok in your case .... may be you should ask your sis and brother to buy lottery tix as well :)

I saw your timeline in your sig and read your posts about your interview, oath etc while I was waiting for my n400 process. I was done last month but still waiting for my passport & NC back from state dept.
 
ksam said:
...I was done last month but still waiting for my passport & NC back from state dept.
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In fact, I am still waiting for my daughter's passport. I and my wife got our passports few weeks ago, but daughter's passport is still pending even though applied at the same time, and their timeline for regular passport has already passed. They later on sent "RFE-style" letter asking for our marriage certificate in support of my daughter's passport application. Perhaps they wanted to check the same "born within wedlock" thing; I wonder why they didn't list it as required document for minors, and why the person at the post office did not ask for it...But this is no big deal; we don't have any international travel planned this summer any way.
 
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Last Update on this case

Those who might have similar case, here's final update:

We submitted DNA report (sibling), 3 affidavits from relatives who attended our parents' marriage, and certified translation of marriage invitation of our late parets and their death certificates. The non-availability certificate of marriage certificate of our parents was not given by the authorities. The I-130 was approved last week and the case has been sent to NVC for their future action (once priority date becomes current for the beneficiary brother).

Thank you all for your help.
 
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