I-130 for father in law

[VinnyV88 1]

Hello all,

My wife, originally from the Dominican Republic, has recently become a US Citizen. She is now interested in bringing her father over. Seems pretty simple so far, the one thing that has come up is that her parents never married and this apparently complicates it a bit. According to what I read, we need to submit "evidence of a father-daughter relationship" and/or "evidence that an emotional or financial bond existed between them".

What would be acceptable evidence to prove those existed?

What we do have is her birth certificate, with both her parents name on it.

I was told pictures of there relationship would help. Unfortunately, when she was young, a fire burnt through their house and everything inside of it. So pictures are going to be very difficult to come up with if not impossible.

Another thing I was told is that as long as we have the birth certificate with both parents names, all we would need is an affidavidt that says that he is her father. If this is true, who should it come from? Her mother said she is willing to provide a statement.

Would that be enough?

Also, I would be very interested in seeing a sample of a statement that someone used previously in this same situation that was succesful in the past.

Thanks in advance, I look forward to hearing back from this great community!

Vinny

[Pinkrlion 2,612]

It depends on the embassy's guidelines. If the parents weren't married and his name was not added to the birth certificate at birth, then they may request a DNA test to prove relationship.

[VZLAN-US-Citizen 11]

VinnyV88,

I don't think your wife and father in law's case is that difficult... You should download the I-130 Form and the I-130 Form instructions and read them carefully, since it will explain all the possible documents you might want to include to prove the relationship between your wife and her father.

In order to prove relationship for US Citizen daughter and her Father, you need:

7. A father: Submit a copy of your birth certificate showing the names of both parents. Also give a copy of your parents' marriage certificate establishing that your father was married to your mother before you were born, and copies of documents showing that any prior marriages of either your father or mother were legally terminated. If you are filing for a stepparent or adoptive parent, or if you are filing for your father and were not legitimated before your 18th birthday, also see numbers 4, 8, and 9.

So..... let's look at 4, 8 & 9...

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.

8. Stepparent/Stepchild: If your petition is based on a stepparent-stepchild relationship, you must file your petition with a copy of the marriage certificate of the stepparent to the child's natural parent showing that the marriage occurred before the child's 18th birthday, copies of documents showing that any prior marriages were legally terminated and a copy of the stepchild's birth certificate.

9. Adoptive parent or adopted child: If you and the person you are filing for are related by adoption, you must submit a copy of the adoption decree(s) showing that the adoption took place before the child turned 16 years old. If you adopted the sibling of a child you already adopted, you must submit a copy of the adoption decree(s) showing that the adoption of the sibling occurred before that child's 18th birthday. In either case, you must also submit copies of evidence that each child was in the legal custody of and resided with the parent(s) who adopted him or her for at least 2 years before or after adoption. Legal custody may only be granted by a court or recognized government entity and is usually granted at the time the adoption is finalized. However, if legal custody is granted by a court or recognized government agency prior to the adoption, that time may count toward fulfilling the 2-year legal custody requirement.

Also, check out the section after that which states:

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.

I would try and find as many of these documents as possible... If you can't just explain the situation with an Affidavit, and most likely, like the other poster mentioned, they will have them provide a DNA test and resolve the situation that way.

Good luck.

[RGCV 0]

Hi Vinny88,

I remember your awesome story from another forum how you took a surprise trip to the DR. Good news to hear about your wife's citizenship. We are in the process of bringing my mother in law from the DR. On the original I-130 we sent in only a copy of the same birth certificate I have used for the last 5 years for K-1 and Citizenship for my wife. No other proof of relationship. If he is on the BC I would send it in. If they need more proof they will let you know.

[VinnyV88 1]

Hi Vinny88,

I remember your awesome story from another forum how you took a surprise trip to the DR. Good news to hear about your wife's citizenship. We are in the process of bringing my mother in law from the DR. On the original I-130 we sent in only a copy of the same birth certificate I have used for the last 5 years for K-1 and Citizenship for my wife. No other proof of relationship. If he is on the BC I would send it in. If they need more proof they will let you know.

Hey, wow.... good memory! Thanks for the advice! I think it's a lot easier for a mother as opposed to a father though. When the parents never married, it seems like they want more proof than just a BC. At this point, I might just send in what we got and see what happens. I'm again scouring the internet for samples of an affidavidt to use for her mother to write for her father, but I haven't come up with anything yet. But, I did find this post with your response and I'm glad I did... Hope all is well with you and the family!

Vinny

[VinnyV88 1]

I do have another question - Since the mother only speaks spanish, does the affidavidt have to be in spanish, and then translated? Or, can I write the letter in english for her and have her just sign it?