I-130 DENIED for children of lpr

[kingjb 1]

my mother who is a green card holder applied for her children all under 21 to come to the us she got an rfe asking for evidence to prove bonified relationship because the birth certificate was registerd very lateso we submitted copy of passport for beneficiary and school docs which show only one parent name which is the father because where we come from its customary to put only thr father name on all the documents.so we received the letter the case was denied because the evidence disnt convince the officer of a bonified child mother relation. spoke to a lawyer advised us not to appeal and just file a new case from start this time along with the documents we want to do dna test to prove that they are her children.

SO QUESTION IS WHEN REAPPLYING DO WE NEED TO SENT THE SUPPORTING EVIDENCE WITH THE I-130 OR WAIT FOR RFE

ALSO DO WE HAVE TO WIT FOR RFE TO DO DNA TEST OR CAN WE DO DNA BEFORE WE SEND THE APPLICATION

ANY BODY WITH ANY KIND OF INFO PLEASE HELP

[Georgia16 2,858]

Why didn't they get a DNA test?

[aaron2020 11,651]

Send in the supporting documents with the I-130. Make sure that the supporting evidence has the mother's name on it connecting her to her children.

You wait for instructions for DNA tests at approved facilities. You don't do your own tests.

The problem may not be maternity; i.e. proving parenthood with DNA. The problem is showing a mother/child relationship that occurred before age 18. Official records such as school records showing the mom's name and the child's name works to show that relationship existed before the child's 18th birthday.

[kingjb 1]

the problem is that all documents that we were able to retreive only had fathers name because it is customary in our native country to have only the fathers name on the documents also uscis never requested us for dna testing the first time it was just an option along with the documents and the reason we didnt do the dna we thought the documents were enough proof. so the situation is we are going to send in the same evidence documents but we would lime to have dna testing done to prove that they are biological children can we write a letter explaining this when we re file thanks in advance dor the info

[aaron2020 11,651]

If you are applying with the same evidence, then you will get the same result - denials.

Perhaps it would be wiser to pay an immigration attorney to help rather than waste more time and money for denials.

[kingjb 1]

well im applying with additional evidence like sworn affidavids and the dna test which im trying to get an idea of how to do it without them asking for it if you recall i mention that dna was an option that was given to us but we didnt take it so this time around we are adding that on to the list i just dont know how to proceed with getting the dna test any insight on that would be great dul

[Merrytooth 5,748]

The US consulate will request/recommend the DNA test to be done at their designated labs/clinics.

You can't just send in one on your own since it can be easily doctored.

[kingjb 1]

i understand that it has to be done at their designated labs i dont want to go to any clinic i want to have dna done at a designated lab but question is can i request to have dna test done to prove my case also when filling out the i130 question 16 has your relative ever been under immigration proceedings.should i put yes or no if yes it asks where when etc... the i-130 never made it out of uscis im guessing its no but a little insight on this would help

[Penguin_ie 5,986]

Is your home country Pakistan or another? I haven't heard of the "father only" issue in Pakistan, and we have many members from that country who have successfully applied. I believe the NADRA Birth Certificate has both mom and dad on it.

As mentioned, DNA may not be the only thing you need, as Immigration visas are for family re-unification. Do you have photos of you and mom together throughout your childhood, school records and other evidence that she has been in your life?

[kingjb 1]

we sent the nadra birth certificate it has both parents name on it but the supporting docs only had the fathers name but it was the mother who petitioned for the children so they want docs which has both the parents name also the birth was not registered at birth it was done recently for the i130 purpose so that is the main reason why they asked for evidence

[AM268 23]

Can the filing be done through the father instead then?

[kingjb 1]

father is deceased

[Kastrs 723]

I would suggest including pictures of her with each children throughout their lives as well as communication she has with them-phone calls, whatsapp chats, ect. Also, since she is an LPR she can include any information from any trip she has visited them and perhaps if she is sending financial support to the kids include that.

It is difficult, because I know in Pakistan EVERYTHING is under the father's name.

[IcezMan_IcezLady 582]

the problem is that all documents that we were able to retreive only had fathers name because it is customary in our native country to have only the fathers name on the documents also uscis never requested us for dna testing the first time it was just an option along with the documents and the reason we didnt do the dna we thought the documents were enough proof. so the situation is we are going to send in the same evidence documents but we would lime to have dna testing done to prove that they are biological children can we write a letter explaining this when we re file thanks in advance dor the info

if it is customary then the CO should know. They learn the culture of the place they work at and apply the rules appropriately.

You might say it is customary but are you sure that hasn't changed recently?

Example; in the Ghana, there are certain customary activities that have changed and the embassy no longer accepts the old but the new.

Ask people in your home country what is customary at this moment not what you knew before you left.

[kingjb 1]

ok so far this time we have some new evidence that we plan to send in with the new I 130 that we plan to send soon

1>LIFE INSURANCE POLICY THAT HAVE BOTH PARENTS AND CHILD NAME

2>NADRA OFFICE WILL ISSUE FRC (FAMILY REGISTRATION CERTIFICATE) THIS IS A DOCUMENT THAT HAS BOTH PARENTS NAMES AND ALSO HAS SIBLINGS NAMES AS WELL

3>WE PLAN TO GET TWO SWORN AFFIDAVITS FOR EACH CHILD WHO HAVE WITNESS THE CHILD BIRTH AND WAS PRESENT AT THE TIME OF BIRTH

THIS IS WHAT WE HAVE SO FAR WILL THIS BE OK COMPARED TO THE FIRST TIME WE WERE NOT ABLE TO GET ANY DOCS THAT HAD BOTH PARENTS NAMES

I HAVE ALREADY ASKED THIS QUESTION BEFORE BUT I JUST WANT TO CLARIFY BEFORE SENDING THE I 130. SO IT WILL BE OK FOR ME TO SEND THIS EVIDENCE ALONG WITH THE NEW I 130 . INSTEAD OF WAITING FOR AN RFE AND THAN SENDING IT TO THEM I WANT TO SEND THE EVIDENCE AND THE I130 IN ONE PACKAGE IF ANY ONE CAN PLEASE CONFIRM SO THAT IM 100 PERCENT SURE BEFORE SENDING IT OFF TO USCIS