Tweet
I-130 RFE on Father’s case, evidence relevant to establishing a bonafide parent-child relationship is insufficient (we have furnished all reqd. documents)
RFE states: “The petitioner is seeking to establish a qualifying relationship based on a father/child relationship. It is not clear if the petitioner was born in wedlock; As such the evidence submitted is not sufficient to establish eligibility at this time. Therefore the petitioner must submit the following:
BORN IN WEDLOCK; If the petitioner was born in wedlock submit the marriage certificate for the petitioner's natural parents.(SUBMITTED) The marriage certificate must show that the marriage was registered or recorded by civil authorities after the marriage ceremony took place.
Evidence relevant to establishing a bonafide parent-child relationship is varied and widespread in nature and may include IT Returns, Money order receipt or canceled cheques, school records of the child, notarized affidavits of friends, neighbors, school officials etc.”
Ours is a family based I-130 Petition (as a part of her concurrent application) filed by a daughter (citizen) for both her parents. Petitioner submitted her registered Birth Certificate showing names of both parents, her certificate of naturalization and Parents registered marriage certificate as per requirements as initial evidence. The petition of mother was approved and later green card also issued. However in case of father, further evidence to establish qualifying relationship based on father/child relationship has been requested as the evidence submitted is not sufficient to establish eligibility at this time.
It is not clear when required initial evidence has been submitted, why this RFE? Parents were married in 1969. (HINDU) Marriage registered in 1971. As per Hindu MARRIAGE act 1955). Petitioner born in 1973(BORN IN WEDLOCK). Marriage continued till date.
What other evidence can we now submit?
We have the following:
(a) Birth certificate of petitioner showing names of both parents and duly issued by govt. authority. (Already submitted)
(b) Registered Marriage certificate of Parents (already submitted)
(c) Registered Marriage certificate of petitioner showing name of father. (Already submitted)
(d) School leaving certificate of petitioner (showing name of father and her date of birth) (Tenth class certificate). (Not submitted)
(e) Affidavits regarding birth of Petitioner showing names of both parents from 2 close relatives. (Not submitted)
(f) Old cancelled Indian passport of Petitioner (now a naturalized citizen) showing name of parents (Not submitted)
We can easily obtain the following:
(i) Affidavit from Mother of Petitioner (whose application was filed simultaneously and is now a Green Card holder) stating that she was married to Father, their marriage duly registered and petitioner was born in wedlock and Mother has continued to be married with Father since marriage(1969). The same can be notarized locally.
(ii) Notarized Affidavits from close relatives in India stating that petitioner was born in wedlock, parents were married as per Hindu rites on a particular date before her birth, and their marriage was duly registered before birth of petitioner and they continue to be married since then, and father financially supported the petitioner till her marriage on a particular date, so as to establish Father daughter relationship. May please suggest an appropriate format for the affidavit.. Difficult to obtain but possible if essentially required.
Please do guide us to enable us to reply our Request for further evidence. Thanks in advance!
RFE states: “The petitioner is seeking to establish a qualifying relationship based on a father/child relationship. It is not clear if the petitioner was born in wedlock; As such the evidence submitted is not sufficient to establish eligibility at this time. Therefore the petitioner must submit the following:
BORN IN WEDLOCK; If the petitioner was born in wedlock submit the marriage certificate for the petitioner's natural parents.(SUBMITTED) The marriage certificate must show that the marriage was registered or recorded by civil authorities after the marriage ceremony took place.
Evidence relevant to establishing a bonafide parent-child relationship is varied and widespread in nature and may include IT Returns, Money order receipt or canceled cheques, school records of the child, notarized affidavits of friends, neighbors, school officials etc.”
Ours is a family based I-130 Petition (as a part of her concurrent application) filed by a daughter (citizen) for both her parents. Petitioner submitted her registered Birth Certificate showing names of both parents, her certificate of naturalization and Parents registered marriage certificate as per requirements as initial evidence. The petition of mother was approved and later green card also issued. However in case of father, further evidence to establish qualifying relationship based on father/child relationship has been requested as the evidence submitted is not sufficient to establish eligibility at this time.
It is not clear when required initial evidence has been submitted, why this RFE? Parents were married in 1969. (HINDU) Marriage registered in 1971. As per Hindu MARRIAGE act 1955). Petitioner born in 1973(BORN IN WEDLOCK). Marriage continued till date.
What other evidence can we now submit?
We have the following:
(a) Birth certificate of petitioner showing names of both parents and duly issued by govt. authority. (Already submitted)
(b) Registered Marriage certificate of Parents (already submitted)
(c) Registered Marriage certificate of petitioner showing name of father. (Already submitted)
(d) School leaving certificate of petitioner (showing name of father and her date of birth) (Tenth class certificate). (Not submitted)
(e) Affidavits regarding birth of Petitioner showing names of both parents from 2 close relatives. (Not submitted)
(f) Old cancelled Indian passport of Petitioner (now a naturalized citizen) showing name of parents (Not submitted)
We can easily obtain the following:
(i) Affidavit from Mother of Petitioner (whose application was filed simultaneously and is now a Green Card holder) stating that she was married to Father, their marriage duly registered and petitioner was born in wedlock and Mother has continued to be married with Father since marriage(1969). The same can be notarized locally.
(ii) Notarized Affidavits from close relatives in India stating that petitioner was born in wedlock, parents were married as per Hindu rites on a particular date before her birth, and their marriage was duly registered before birth of petitioner and they continue to be married since then, and father financially supported the petitioner till her marriage on a particular date, so as to establish Father daughter relationship. May please suggest an appropriate format for the affidavit.. Difficult to obtain but possible if essentially required.
Please do guide us to enable us to reply our Request for further evidence. Thanks in advance!
