RFE i-130 for IR5 - Father's Paternity and legitimation

[majune06 5]

Guys - Hope someone can shed light on what this RFE means for i-130 I filed for my father.

 

 

1) Marriage certificate of parents (I don't have this one and can't get it)

2) Submit evidence to establish that the father and son have shared a bonafide father/child relationship before the child reached the age of 21 years. This includes emotional and financial ties. In India, my father paid all my school fees but I don't have any proof as those days it was all paid in case and not tracked on paper.

Affidavits sworn by two person other than the petitioner and beneficiary - I had already had 4 affidavits that mentioned my parents marriage and 2 of those mentioning my relation with my father already submitted when I filed i-130 (not sure why they are not looking at the file before throwing a RFE)

 

Can anyone of you help me in understanding what really are they looking for? Given the COVID situation all over the world, I would want to avoid people who know about events (who are all above 80) not going out of their homes to do an affidavit for me. 

 

Thoughts?

 

[NigeriaorBust 4,087]

 Can you get any school records that would list your father as your father ?  

[majune06 5]

By school records if you mean my mark sheets - they do have my father's name in it. But if you are saying the payment of my fees, those are long gone

[gsb1953 2]

Your birth certificate issued from the concerned municipality is the best proof to establish the  paternity relationship. Everybody submits it as the proof.

[SusieQQQ 11,584]

7 minutes ago, gsb1953 said:

Your birth certificate issued from the concerned municipality is the best proof to establish the  paternity relationship. Everybody submits it as the proof.

They don’t seem to be disputing paternity, they’re asking for proof of legitimation.

Edited August 22, 2020 by SusieQQQ

[majune06 5]

11 hours ago, SusieQQQ said:

They don’t seem to be disputing paternity, they’re asking for proof of legitimation.

Thanks SusieQQQ - What does legitimation mean? 

My parents were married before our birth and has taken care of the family financially as well as all aspects of life. 

I did not know we might need to show proof for fees etc and we payed cash for fees etc 25 plus years ago so not sure which documents might help.

[SusieQQQ 11,584]

1 hour ago, majune06 said:

Thanks SusieQQQ - What does legitimation mean? 

My parents were married before our birth and has taken care of the family financially as well as all aspects of life. 

I did not know we might need to show proof for fees etc and we payed cash for fees etc 25 plus years ago so not sure which documents might help.

Well they explain what they mean in the RFE.

Proof of these types of things is often very country specific (you say there is a marriage but not a marriage certificate , the way you prove a marriage like this is very different in different places). I really don’t know why they did not accept what you sent them, but I don’t know what is normal for your country.

[majune06 5]

1 hour ago, SusieQQQ said:

Well they explain what they mean in the RFE.

Proof of these types of things is often very country specific (you say there is a marriage but not a marriage certificate , the way you prove a marriage like this is very different in different places). I really don’t know why they did not accept what you sent them, but I don’t know what is normal for your country.

Thanks @SusieQQQ. I have a lawyer consultation scheduled and hopefully that will clear up what needs to be done to respond to the RFE.

 

I had sent USCIS affidavits from my mom's brothers about the marriage (in leiu of marriage certificate) when I originally filed and I can the photocopies again. I also have affidavit from my aunt and my father mentioning my relation with my parents so I think it should be covered.

 

Hoping for the best. 

[onek 306]

5 hours ago, majune06 said:

Thanks @SusieQQQ. I have a lawyer consultation scheduled and hopefully that will clear up what needs to be done to respond to the RFE.

 

I had sent USCIS affidavits from my mom's brothers about the marriage (in leiu of marriage certificate) when I originally filed and I can the photocopies again. I also have affidavit from my aunt and my father mentioning my relation with my parents so I think it should be covered.

 

Hoping for the best. 

You should trust the lawyer and do what lawyer asks you to do.

[majune06 5]

Thanks for all your help guys.

 

The lawyer consultation mentioned that due to no marriage certificate, I would need to prove my parents were married (can use affidavits and old photos and documents) and that I am a legal child of theirs. I am going to be getting a few affidavits from my relatives who were present when I was born as well as when my parents got married.

 

I was able to find some old documents from my schooling that mentions my fathers name and that was way back in 1984 (who thought those old documents can be helpful  - I was so glad to find something that old) 

 

Hope for the best.

[ProbeGT 43]

On 8/21/2020 at 4:46 PM, majune06 said:

 

 

1) Marriage certificate of parents (I don't have this one and can't get it)

 

 

Does a marriage certificate not exist?  Are there religious records?

 

 

On 8/21/2020 at 5:53 PM, majune06 said:

By school records if you mean my mark sheets - they do have my father's name in it. But if you are saying the payment of my fees, those are long gone

Mark sheets with your father's name may help as well.

 

Edited August 25, 2020 by ProbeGT
formatting

[majune06 5]

2 hours ago, ProbeGT said:

Does a marriage certificate not exist?  Are there religious records?

 

 

Mark sheets with your father's name may help as well.

 

Yes ProbeGT - There is no marriage certificate and according to US Dept of State https://travel.state.gov/content/travel/en/us-visas/Visa-Reciprocity-and-Civil-Documents-by-Country/India.html it was NOT required until 2006.

 

Quote

Registration Criteria: Prior to 2006, marriages by Hindus, Buddhists, Jains, or Sikhs were not required to be registered, but may have been voluntarily registered under the Hindu Marriage Act of 1955. As of 2006, it is mandatory to register all marriages. In India, a marriage can either be registered under the Hindu Marriage Act of 1955 or under the Special Marriage Act of 1954.  For marriages registered at government offices under the Special Marriage Act, the certificate will be issued by the Registrar only if the bride and groom personally appear before the official and pay the required fee. For other marriages that are required to be registered with government authorities under the Hindu Marriage Act of 1955, registration criteria vary by authority.

 

Edited August 25, 2020 by majune06

[ProbeGT 43]

19 hours ago, majune06 said:

Yes ProbeGT - There is no marriage certificate and according to US Dept of State https://travel.state.gov/content/travel/en/us-visas/Visa-Reciprocity-and-Civil-Documents-by-Country/India.html it was NOT required until 2006.

 

 

I am aware.  I thought that they may have voluntarily registered, and that you simply did not have a copy of it (which also happens).  

[ProbeGT 43]

Mark sheets that include your father's name will probably help prove the ongoing parent-child relationship.  

[majune06 5]

Update : I am getting the papers ready in response to the RFE to prove my relation with my father. I had a question on the affidavits - Do we need affidavits from each person separately or do we need two relatives to sign the same affidavit (with both their signatures/photos)? My agent who is preparing the documents in India says single affidavit with both of them signing in front on notary is ok. I have read multiple posts that mentioned separate affidavits so I am posing a query here so our group can chime in. Thanks in advance.