Birth Certificate Issues

[Snorkel378 38]

Good evening all,

My wife has just naturalized this past friday, and would like to bring her father over from the Philippines, however him and my wife's mother were never married despite my wife's birth certificate saying they were. He has since married my wife's stepmother. And while my wife was raised by her father and stepmother while her mother was abroad, the only real proof we have of a relationship is just her birth certificate and various photographs from throughout her life, due to the Philippines being a very cashed based society with little to no receipts. Would these and a cover letter explaining the situation on an I-130 be sufficient? My father in law also was a sea-farer with a US visa as well. If this all goes well, we plan to have him petition his wife and minor children as family of a permanent resident. Any advice on this would be appreciated to ensure success on this petition.

[AKteacher 104]

They might have some explaining to do to USCIS, and maybe a B/C correction in Philippines, which can take some time.  The main thing is (of course) don't misrepresent anything to USCIS. A DNA test may be in her future...

[Snorkel378 38]

Would the dna test be necessary even if he is listed on the certificate?

[AKteacher 104]

7 minutes ago, Snorkel378 said:

Would the dna test be necessary even if he is listed on the certificate?

It's up to the CO. Given the discrepancies on the B/C, I wouldn't discount the possibility. It's not that big a deal, I did it for my son. Cost about $650 though.

Edited March 1, 2022 by AKteacher

[Snorkel378 38]

That would be quite complicated with her in the US and him in mindanao

[AKteacher 104]

4 minutes ago, Snorkel378 said:

That would be quite complicated with her in the US and him in mindanao

There would be an appointment at the USEM (US Embassy in Manila) when he would have a DNA sample collected. In any event, he would have to travel there anyway for an interview.

Edited March 1, 2022 by AKteacher

[arken 4,197]

Your wife's birth certificate will be the basis of her petition to her father and it lists him as married to her mother. That would mean he would be asked to provide divorce certificate which doesn't exist if he was never married to your wife's mother. So i guess birth certificate is to be corrected first. 

[RO_AH 1,662]

I don't see the issue myself, maybe I am missing something. I would think a CEMAR/CENOMAR would clear this up. If the op is filing for him and him alone why would it matter who he is or isn't married to?

[Adventine 3,207]

3 minutes ago, RO_AH said:

I don't see the issue myself, maybe I am missing something. I would think a CEMAR/CENOMAR would clear this up. If the op is filing for him and him alone why would it matter who he is or isn't married to?

I think it matters because the long-term plan is, once OP's father becomes a permanent resident, for him to petition his wife and children. From the first post: "If this all goes well, we plan to have him petition his wife and minor children as family of a permanent resident. "

 

So I can see how questions can arise if the OP's birth certificate shows their biological parents as "married" but the father eventually petitions a wife who is not the OP's biological mother.

 

I agree with the suggestions above that OP's birth certificate needs to be corrected first before proceeding.

[RO_AH 1,662]

39 minutes ago, Adventine said:

I think it matters because the long-term plan is, once OP's father becomes a permanent resident, for him to petition his wife and children. From the first post: "If this all goes well, we plan to have him petition his wife and minor children as family of a permanent resident. "

So I can see how questions can arise if the OP's birth certificate shows their biological parents as "married" but the father eventually petitions a wife who is not the OP's biological mother.

I agree with the suggestions above that OP's birth certificate needs to be corrected first before proceeding.

Sorry I still don't see the issue. If the father later files then the OPS BS will not be involved, only his BC and CEMAR which would show his actual marriage. Of course it would not hurt to work on changing the BC while they are in the process.

[Adventine 3,207]

@RO_AH from what I understand, USCIS / DOS review a person's entire immigration history when they process petitions. 

 

Say that OP's wife files for their father and he becomes a permanent resident. He becomes a PR and then files petitions for his wife and kids. My understanding is that, before approving that second round of petitions, USCIS and DOS will review how the father got his green card (through OP's wife), and they will see that OP's wife's birth certificate listed him as married to someone else. 

 

Edited March 1, 2022 by Adventine

[RO_AH 1,662]

44 minutes ago, Adventine said:

@RO_AH from what I understand, USCIS / DOS review a person's entire immigration history when they process petitions. 

If that is the case I would understand.