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cole_porter

Filing I-130 for biological father

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I am in the process of filing I-130 for my biological father who is living in a different country. 

My parents were married at a church a year before my birth but did not register/report the marriage till several months after my birth, and only the date of report is stated on their Marriage Certificate. Will there be an issue in proving that I am his biological child? The country my father is from unfortunately does not have an official birth certificate like other countries and a combination of two other certificates are used in place of the birth certificate for immigration purposes. Those two certificates say that my father is my father but does not specify biological. 

 

My main concern and question involved Part 1 Question 2 on Page 1 of the form. "If you are filing this petition for your child or parent, select the box that describes your relationship:"

Should I choose "child was born to parents who were married to each other at the time of the child's birth" or "child was born to parents who were not married to each other at the time of the child's birth?" 

My parents were indeed married in a church ceremony long before birth but the civil ceremony, which is on the marriage certificate, came after, so which box should be selected? 

I'm afraid of receiving a RFE asking for further proof of our relationship if I choose the wrong box. If anyone was in a similar situation and have advice, please let me know. 

Thank you. 

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12 minutes ago, cole_porter said:

The country my father is from unfortunately does not have an official birth certificate like other countries and a combination of two other certificates are used in place of the birth certificate for immigration purposes.

What country(ies) are we talking about.    The USCIS will be familiar with the customs of the country.

 

For the I-130 Question 

13 minutes ago, cole_porter said:

"child was born to parents who were not married to each other at the time of the child's birth?"

would seem to be factually correct based upon the paperwork you have.

 

Patternity can always be proven by DNA testing.

 

best wishes!


March 2, 2018  Married In Hong Kong

April 30, 2018  Mary moves from the Philippines to Mexico, Husband has MX Permanent Residency

June 13, 2018 Mary receives Mexican Residency Card

June 15, 2018  I-130 DCF Appointment in Juarez  -  June 18, 2018  Approval E-Mail

August 2, 2018 Case Complete At Consulate

September 25, 2018 Interview in CDJ and Approved!

October 7, 2018 In the USA

October 27, 2018 Green Card received 

October 29, 2018 Applied for Social Security Card - November 5, 2018 Social Security Card received

November 6th, 2018 State ID Card Received, Applied for Global Entry - Feb 8,2019 Approved.

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20 hours ago, Paul & Mary said:

What country(ies) are we talking about.    The USCIS will be familiar with the customs of the country.

South Korea. This was in the 50s when majority of the people would report marriage and birth years after they actually occurred. 

20 hours ago, Paul & Mary said:

Patternity can always be proven by DNA testing.

I wanted to avoid going through the DNA testing route as much as possible, but if we get that RFE... I guess there's no choice. 

20 hours ago, Paul & Mary said:

best wishes!

Thank you!

 

Has anyone here done DNA testing for South Korea I-130 before? Or had a similar situation where the date of report for the marriage was after the actual date of marriage? 

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