Birth certificate problem with mother-in-law's I-130

[Boiler 43,382]

Could help a lawyers income?

Edited March 16, 2015 by Boiler

[NigeriaorBust 4,087]

I see it as an in family adoption , the mother being too young surrender her child to her family and they took on be child and were issued a birth certificate just as any adoptive parent would be ( I am a USC and know of a case like that when I was younger in my home town when having babies as teens was totally unacceptable ) by being adopted by the grands she would become her bio creators sisters and the path to immigation is a sibling petition not a parent one because that would only be open to the adoptive parents.

[Boiler 43,382]

If that is legally the case in their home country then it raises the interesting question of whether the mother could be classified as a sibling for immigration purposes?

Not saying it is not possible, just never come across it.

[NigeriaorBust 4,087]

I believe as long as the adoption took place before the childs 16 bday the other children of the family are considered siblings

[Boiler 43,382]

So that begs the question whether this was an adoption the US would recognise.

[NigeriaorBust 4,087]

That would be the real question, if not there is no path for the mother to immigrate , I don't believe an adoption that isn't "good" for immigration purposes automatically restores the bio parents status ( unless the status is restore while the adoptee is still a child )

[Aaron&Riab 0]

" My wife immigrated using this incorrect birth certificate ".

Her basis for being here is the fact that she submitted a false birth cert which allowed them to grant the visa. If she hadn't done that she either wouldn't be here or you wouldn't now have this unique problem.

I doubt at the time you cared about the factual qualities of that B Cert. Its is now that you need the correct indication of the maternal parent to allow her to immigrate.

You have also found that someone in Thailand will extort money from you to break the law and produce the doc that you need. I caution you that the price will rise and the document, if you ever get one will be questionable. To submit this could result in grave consequences that even a lawyer may not be able to overcome.

Her basis for being here has nothing to do with her birth certificate. She immigrated to the U.S. based on marriage to me. Her birth certificate simply documents her date and place of birth and her parents. It isn't a fake birth certificate, but it does contain some inaccurate information. Her immigration is based on marriage to a U.S. citizen and is not based on any of the information in her birth certificate.

Yes, at the time we weren't concerned about the error. We were not able to correct it and just went with it since at the time we wouldn't have thought that someday we would want to petition for her mother. Past mistakes sometimes come back and bite you in the ###. I am confident that we will figure out how to deal with it, but I am asking for advice here in case someone else has dealt with this same situation or knows how to.

We are not being extorted about the birth certificate though. We just inquired about the official way to correct it and it seems there might not be one. That doesn't concern me though, as the USCIS doesn't really care about a Thai birth certificate. They care about evidence of the relationship. And while a birth certificate would likely be definitive evidence, they should still able to approve a petition with other evidence of the relationship like financial support, age differences, affidavits, and even genetic testing if it comes to that.

Thanks for your comments.

[Aaron&Riab 0]

Using the false birth certificate her mother is now appearing to be her sister, so she can use a sibling petition and wait out the 14 years. Otherwise you risk her having her citizenship revoked and being permanently barred from the US.

I have always wondered how and why someone would make plans to emigrate 15 years in the future. Who knows where you would be at that time and if you would still want to emigrate when the time came.

Anyway, I have investigated this and she is not at risk of having her citizenship revoked or being barred from the U.S.

Further fraud will not help matters.

This is not a case of fraud. There was no unlawful gain or intent to defraud. However, perhaps using the incorrect birth certificate for her mother to immigrate as her sister would be fraud since the birth certificate would be used as evidence of the relationship.

[Boiler 43,382]

From my recollection I had to fill in details of my parents, not just a question of submitting the Birth Certificate.

Anyway let us know how it goes.

[Boiler 43,382]

I have always wondered how and why someone would make plans to emigrate 15 years in the future. Who knows where you would be at that time and if you would still want to emigrate when the time came.

Anyway, I have investigated this and she is not at risk of having her citizenship revoked or being barred from the U.S.

This is not a case of fraud. There was no unlawful gain or intent to defraud. However, perhaps using the incorrect birth certificate for her mother to immigrate as her sister would be fraud since the birth certificate would be used as evidence of the relationship.

The issue is perjury.

[Aaron&Riab 0]

From my recollection I had to fill in details of my parents, not just a question of submitting the Birth Certificate.

Anyway let us know how it goes.

That is correct, but who her parents are is irrelevant to her immigration case. Unless, of course, their last name is bin Laden.

[NigeriaorBust 4,087]

Nazi guards that get their citizenship taken away are technically charged with presenting false identity documents to immigrate to the US. I wouldn't be so sure that you can snub your nose at the laws of the US and get your way about it. The relationship that now exists because your wife was adopted by her grandparents and has had a birth certificate to back this up is that her bio parent is a sibling and the wait for a sibling petition is 15 years. The other choice is to not immigrate. Many choose that because they have their own life. The other available option is for your wife to move back and live there with her older "sister"

[Boiler 43,382]

OP knows best.