Received an RFE for IR2, Son out of wedlock.

[latininNJ 1]

I received an RFE for my son's visa. USCIS is asking for the marriage certificate for me and his mom. You see, we never got married and he was born out of wedlock but my name is in his birth certificate. He also uses my surname in is passport and ID.

Do I just send a letter stating that I do not have a marriage certificate?

Thanks

[canadian_wife 1,791]

How are you petitioning for a spousal visa without a marriage certificate? What am I missing?

good luck

[teeak 224]

^^Topic says IR2, he's petitioning for his son.

From this site: http://www.uscis.gov/family/family-us-citizens/children/bringing-children-sons-and-daughters-live-united-states-permanent-residents

Genetic father

• A copy of your child’s birth certificate issued by civil authorities
• A copy of your marriage certificate to the child’s or a genetic or legal gestational mother
• If you and/or the genetic or legal gestational mother are no longer married, you must also submit evidence of the legal termination of that marriage through death, divorce, or annulment.
• If you never married the child’s mother before the child turned 18:
  • If the law of your or your child’s residence considers the child legitimated, you do not need to provide additional information
  • If your child is not legitimated under the law, you must submit evidence that you established a bona fide father-child relationship prior to the child turning 21 or marrying. This should be evidence of emotional and/or financial involvement in the child’s life.

You need to prove that you had a bona fide relationship with the child before he turned 21. Some things that do this are school certificates with your name, baptismal records, letters written to each other, affidavits.

[Penguin_ie 5,985]

Sounds like he is petitioning only the son, not the mom.

Look at the copies of the forms you (hopefully) kept; did you indicate anywhere that you and the mom were married? Is it allowed in your country for the son to take the last name of the dad when the parents are not married? But yes, I would write a short letter, and sign it, explaining the issue. If you can send some proof that you and your son have had a relationship over the years, it may help also.

[latininNJ 1]

How are you petitioning for a spousal visa without a marriage certificate? What am I missing?

good luck

I'm petitioning for my son not my wife. Sorry if my signature confused you, I had forgotten to update it.

So, my first son which I had with a previous woman is the one I'm petitioning for. I never got married with her but my name does appear in his birth certificate.

What should I do?

Thanks

[VZLAN-US-Citizen 11]

latininNJ,

The answer is in the form I-130 Instructions, page 3 top right paragraph. Which you can find here:

http://www.uscis.gov/sites/default/files/files/form/i-130instr.pdf

It basically tells you exactly what you need is you are the US Citizen Father petitioning for a child that was born out of wedlock:

4. A child born out of wedlock and you are the father: If the child was not legitimated before reaching 18 years old,

you must file your petition with copies of evidence that a bona fide parent-child relationship existed between the father and the child before the child reached 21 years. This may include evidence that the father lived with the child, supported him or her, or otherwise showed continuing parental interest in the child's welfare.

You didn't mention... How old is your son?

[latininNJ 1]

latininNJ,

The answer is in the form I-130 Instructions, page 3 top right paragraph. Which you can find here:

http://www.uscis.gov/sites/default/files/files/form/i-130instr.pdf

It basically tells you exactly what you need is you are the US Citizen Father petitioning for a child that was born out of wedlock:

4. A child born out of wedlock and you are the father: If the child was not legitimated before reaching 18 years old,

you must file your petition with copies of evidence that a bona fide parent-child relationship existed between the father and the child before the child reached 21 years. This may include evidence that the father lived with the child, supported him or her, or otherwise showed continuing parental interest in the child's welfare.

You didn't mention... How old is your son?

He's 18 yrs old. I always sent money but I don't have any of that on hand. I got some pictures but it's going to be hard to get those. Can I just ask them to do a DNA test and that's it?

Since you are Venezuelan would you know if Venezuela considers my son legitimated if I appear in his birth certificate but didn't marry his mother?

Thanks everyone.

[canadian_wife 1,791]

The DNA test alone does not satisfy the requirement of proving an established parent relationship with the child

good luck

[VZLAN-US-Citizen 11]

He's 18 yrs old. I always sent money but I don't have any of that on hand. I got some pictures but it's going to be hard to get those. Can I just ask them to do a DNA test and that's it?

Since you are Venezuelan would you know if Venezuela considers my son legitimated if I appear in his birth certificate but didn't marry his mother?

Thanks everyone.

I would submit the evidence requested on the form (whatever you can find), even affidavits from other people who were witnesses that you in fact had a relationship with your son.

No, you can't ask them to do the DNA test... they will ask you to do the DNA test if they deem it necessary. But like another poster said. This might not be sufficient for them to prove that you had a relationship with your son, therefore I would ask family and friends to write affidavits to include as evidence.

Note in the i-130 form instructions, on the 4th page, bottom left corner where it says:

What If a Document Is Not Available?

In such a situation, submit a statement from the appropriate civil authority certifying that the document or documents are not available. You must also submit secondary evidence, including:

A. Church record: A copy of a document bearing the seal of the church, showing the baptism, dedication or

comparable rite occurred within two months after birth, and showing the date and place of the child's birth, date

of the religious ceremony, and the names of the child's parents.

B. School record: A letter from the authority (preferably the first school attended) showing the date of admission

to the school, the child's date of birth or age at that time, place of birth, and names of the parents.

C. Census record: State or Federal census record showing the names, place of birth, date of birth, or the

age of the person listed.

D. Affidavits: Written statements sworn to or affirmed by two persons who were living at the time and who have

personal knowledge of the event you are trying to prove. For example, the date and place of birth, marriage or death. The person making the affidavit does not have to be a U.S. citizen. Each affidavit should contain the following information regarding the person making the affidavit: his or her full name, address, date and place of birth, and his or her relationship to you, if any, full information concerning the event, and complete details explaining how the person acquired knowledge of the event.

In regards to the Venezuelan laws, you should consul the "Código Civil de Venezuela Gaceta Nº 2.990 Extraordinaria del 26 de Julio de 1982. EL CONGRESO DE LA REPÚBLICA DE VENEZUELA". You can find it online... I found it here: http://www.notarfor.com.ar/codigo-civil-venezuela/

Here are just a couple of articles concerning your situation:

ARTICULO 209 .- La filiación paterna de los hijos concebidos y nacidos fuera del matrimonio se establece legalmente por declaración voluntaria del padre, o después de su muerte, por sus ascendientes, en los términos previstos en el artículo 230.

ARTICULO 214 .- La posesión de estado de hijo se establece por la existencia suficiente de hechos que indiquen normalmente las relaciones de filiación y parentesco de un individuo con las personas que se señalan como sus progenitores y la familia a la que dice pertenecer.

Los principales entre estos hechos son:

- Que la persona haya usado el apellido de quien pretende tener por padre o madre.

- Que éstos le hayan dispensado el trato de hijo, y él, a su vez, los haya tratado como padre y madre.

- Que haya sido reconocido como hijo de tales personas por la familia o la sociedad.

ARTICULO 217 .- El reconocimiento del hijo por sus padres, para que tenga efectos legales, debe constar:

1º En la partida de nacimiento o en acta especial inscrita posteriormente en los libros del Registro Civil de Nacimientos.

2º En la partida de matrimonio de los padres.

3º En testamento o cualquier otro acto público o auténtico otorgado al efecto, en cualquier tiempo.

ARTICULO 234 .- Comprobada su filiación, el hijo concebido y nacido fuera del matrimonio tiene la misma condición que el hijo nacido o concebido durante el matrimonio con relación al padre y a la madre y a los parientes consanguíneos de éstos.

I would consult with a lawyer if I were you.

[latininNJ 1]

The I-130 has been APPROVED!

I am so happy and shocked that my letter actually worked. OMG Yes!!

So, what I did was send a letter stating that I did not have a marriage certificate with his mother. In the letter I also quoted Venezuelan Civil Law to argue that my son is legitimate and if he's legitimate then I do not need to submit further proof nor paperwork.

And it freaking worked.

Thanks everyone especially the user "VZLAN-US-Citizen" Thanks

[VZLAN-US-Citizen 11]

latininNJ,

I am sooo happy for you!!! I am glad it all worked out in the end. I am happy the information I provided helped you out