Jump to content
Ck207

I was born out of wedlock - IR5 visa

10 posts in this topic

Recommended Posts

So, I found out today in the process of submitting IR5 visas for my mom and dad, that I WAS BORN out of WEDlock. I was shocked. They have me and did not register for marriage certificate till 2010. 

 

So here is my question. What do I need to submit with my paper work? Will there be a chance that he will get denied? 


I129F sent : 20/12/2013

I129f received: 26/1/2013

NOA1 notification: 01/01/2014 heart.gifheart.gif

Alien registration number changed :03/01/2014

NOA2 notification: 04/02/2014

Case number: 14/02/2014heart.gifheart.gif

Embassy recieved: 19/02/2014

Fee paid: 26/02/2014

P3 recieved: 03/03/2014

P3 sent: 04/03/2014

Interview day : 07/05/2014goofy.gifgoofy.gif

Share this post


Link to post
Share on other sites
Posted (edited)

They may or may not request a DNA test if they are not convinced that the beneficiary is a biological parent. They look at the various factors involved and available to them - birth certificate, marriage status, etc.

Edit: Shouldn't be an issue for the mother as the BC should be clear, but not so much for the father in every case.

Edited by geowrian

Timelines:

Spoiler

AOS (I-485 + I-131 + I-765):

9/25/17: sent forms to Chicago

9/27/17: received by USCIS

10/4/17: NOA1 electronic notification received

10/10/17: NOA1 hard copy received. Social Security card being issued in married name (3rd attempt!)

10/14/17: Biometrics appointment notice received

10/25/17: Biometrics

1/2/18: EAD + AP approved (no website update)

1/5/18: EAD + AP mailed

1/8/18: EAD + AP approval notice hardcopies received

1/10/18: EAD + AP received

9/5/18: Interview scheduled notice

10/17/18: Interview

10/24/18: Green card produced notice

10/25/18: Formal approval

10/31/18: Green card received

 

K-1:

Spoiler

I-129F

12/1/17: sent

12/14/17: NOA1 hard copy received

3/10/17: RFE (IMB verification)

3/22/17: RFE response received

3/24/17: Approved!

3/30/17: NOA2 hard copy received

 

NVC

4/6/2017: Received

4/12/2017: Sent to Riyadh embassy

4/16/2017: Case received at Riyadh embassy

4/21/2017: Request case transfer to Manila, approved 4/24/2017

 

K-1

5/1/2017: Case received by Manila (1 week embassy transfer??? Lucky~)

7/13/2017: Interview: APPROVED!!!

7/19/2017: Visa in hand

8/15/2017: POE

 

 

Share this post


Link to post
Share on other sites

I agree, for mother, no problem since it’s pretty obvious from whom you came out of. 

 

For father, they may require additional evidence (maybe extra photos, letters, emails,... or up to a DNA test as the last option). There is nothing much you can do right now, except may be start gathering evidence that prove your relationship between you and your father, the more the better. 

 

Does your birth certificate list your father as your father? They’re supposed to take the birth certificate as prima facie evidence (from a reliable country, which I think Vietnam is) so that is some relief.

Share this post


Link to post
Share on other sites
20 minutes ago, USS_Voyager said:

I agree, for mother, no problem since it’s pretty obvious from whom you came out of. 

 

For father, they may require additional evidence (maybe extra photos, letters, emails,... or up to a DNA test as the last option). There is nothing much you can do right now, except may be start gathering evidence that prove your relationship between you and your father, the more the better. 

 

Does your birth certificate list your father as your father? They’re supposed to take the birth certificate as prima facie evidence (from a reliable country, which I think Vietnam is) so that is some relief.

Yes I will submit also my birth certificate. His name is on it. I have bunch of picture of us when I was a little till now, I sent him money from the US. My school reports through years have his name on it. 

In Vietnam, we also have house-book for every household and his name is also on it. 

That’s all I have.

 

Do I submit all of it now with my package or wait till it get approve and send back to the NVC?


I129F sent : 20/12/2013

I129f received: 26/1/2013

NOA1 notification: 01/01/2014 heart.gifheart.gif

Alien registration number changed :03/01/2014

NOA2 notification: 04/02/2014

Case number: 14/02/2014heart.gifheart.gif

Embassy recieved: 19/02/2014

Fee paid: 26/02/2014

P3 recieved: 03/03/2014

P3 sent: 04/03/2014

Interview day : 07/05/2014goofy.gifgoofy.gif

Share this post


Link to post
Share on other sites

As long as he is the biological father, worst case is it just a matter of time and documentation. You'll get there.

 

It might not be a bad idea IMO to include evidence with the I-130. I wouldn't do the DNA test unless they specifically request it.


Timelines:

Spoiler

AOS (I-485 + I-131 + I-765):

9/25/17: sent forms to Chicago

9/27/17: received by USCIS

10/4/17: NOA1 electronic notification received

10/10/17: NOA1 hard copy received. Social Security card being issued in married name (3rd attempt!)

10/14/17: Biometrics appointment notice received

10/25/17: Biometrics

1/2/18: EAD + AP approved (no website update)

1/5/18: EAD + AP mailed

1/8/18: EAD + AP approval notice hardcopies received

1/10/18: EAD + AP received

9/5/18: Interview scheduled notice

10/17/18: Interview

10/24/18: Green card produced notice

10/25/18: Formal approval

10/31/18: Green card received

 

K-1:

Spoiler

I-129F

12/1/17: sent

12/14/17: NOA1 hard copy received

3/10/17: RFE (IMB verification)

3/22/17: RFE response received

3/24/17: Approved!

3/30/17: NOA2 hard copy received

 

NVC

4/6/2017: Received

4/12/2017: Sent to Riyadh embassy

4/16/2017: Case received at Riyadh embassy

4/21/2017: Request case transfer to Manila, approved 4/24/2017

 

K-1

5/1/2017: Case received by Manila (1 week embassy transfer??? Lucky~)

7/13/2017: Interview: APPROVED!!!

7/19/2017: Visa in hand

8/15/2017: POE

 

 

Share this post


Link to post
Share on other sites
5 minutes ago, geowrian said:

 

 

It might not be a bad idea IMO to include evidence with the I-130

 

I agree, the only thing is if all that stuff is included with the I-130, they have to be translated into English. That’s a lot of work or money. I think she can get through the I-130 and the NVC just fine, but definitely need to bring a boatload of evidence to the interview.

Share this post


Link to post
Share on other sites
52 minutes ago, Ck207 said:

Yes I will submit also my birth certificate. His name is on it. I have bunch of picture of us when I was a little till now, I sent him money from the US. My school reports through years have his name on it. 

In Vietnam, we also have house-book for every household and his name is also on it. 

That’s all I have.

 

Do I submit all of it now with my package or wait till it get approve and send back to the NVC?

 

Excellent. As mentioned above, I think you will get through USCIS and the NVC just fine. For the I-130 I think as long as you submit your BC, your parents’ marriage certificate and any previous divorce decree if either one of them were married, you’ll get approved.

 For the NVC, just more standard documents that they ask for such as police certificate (lý lịch tư pháp số 2), I-864, tax transcripts, that sort of things.

 

They will need to bring all the other stuff to the interview. If you have the receipts for the money you sent him, that’s great. I used moneyGram to send my mom money and they actually can send you a record over the last 10 years or something (it costs like $200). I also used the v247 phone to call my mom (I’m Vietnamese too, btw) and they can print out call logs for the last 5 years or something which is fantastic. 

 

Anyway, I think you will be fine. Good luck!

Share this post


Link to post
Share on other sites

Thank you so much. Another question: do you know how long is the wait now for IR5 to be approved?


I129F sent : 20/12/2013

I129f received: 26/1/2013

NOA1 notification: 01/01/2014 heart.gifheart.gif

Alien registration number changed :03/01/2014

NOA2 notification: 04/02/2014

Case number: 14/02/2014heart.gifheart.gif

Embassy recieved: 19/02/2014

Fee paid: 26/02/2014

P3 recieved: 03/03/2014

P3 sent: 04/03/2014

Interview day : 07/05/2014goofy.gifgoofy.gif

Share this post


Link to post
Share on other sites
On 7/12/2019 at 10:34 AM, Ck207 said:

Thank you so much. Another question: do you know how long is the wait now for IR5 to be approved?

I-130: 8-12 months

NVC: 2-4 months

Interview: usually 1-2 months after documentarity qualified.

 

If you can, go to the interview with them. I think HCMC Consulate is one of those that if he petitoner comes, you’ll get brownie points.

 

 Normally, for parents, you don’t have to. But with this out of wedlock thing, maybe a good idea.

 

Share this post


Link to post
Share on other sites
 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
- Back to Top -


Important Disclaimer: Please read carefully the Visajourney.com Terms of Service. If you do not agree to the Terms of Service you should not access or view any page (including this page) on VisaJourney.com. Answers and comments provided on Visajourney.com Forums are general information, and are not intended to substitute for informed professional medical, psychiatric, psychological, tax, legal, investment, accounting, or other professional advice. Visajourney.com does not endorse, and expressly disclaims liability for any product, manufacturer, distributor, service or service provider mentioned or any opinion expressed in answers or comments. VisaJourney.com does not condone immigration fraud in any way, shape or manner. VisaJourney.com recommends that if any member or user knows directly of someone involved in fraudulent or illegal activity, that they report such activity directly to the Department of Homeland Security, Immigration and Customs Enforcement. You can contact ICE via email at Immigration.Reply@dhs.gov or you can telephone ICE at 1-866-347-2423. All reported threads/posts containing reference to immigration fraud or illegal activities will be removed from this board. If you feel that you have found inappropriate content, please let us know by contacting us here with a url link to that content. Thank you.
×
×
  • Create New...