i-130: Got an RFE applying RFE for my Mother

[sc_queens 14]

I applied the i-130 application for my mother and initially I only sent my birth certificate which at that point I thought would be sufficient to prove our relationship. But I got an RFE, reason being the birth certificate was created when I was around 20 years old. 

They gave me a list of documents that I could send as primary or secondary evidence. The problem is that in my country (Nepal) mother's name are not listed in any documents such as School Records or other official documents, so I am having a hard time collecting those documents. So far I have a relationship document,  and her name is listed in my Passport as the next to kin. Is this going to be sufficient? Also, do I need to send all pages of the passport if I want to send it as evidence?

I also spoke with a lawyer and he said I need to have an affidavit and then prove that my mother is related to that person. And I need to write a letter stating why I sent the initial birth certificate which is 20 years old. I don't have a template for that and honestly I don't think this would serve any purpose.

If anyone had gone through that process and guide me what to do, I would be grateful. Thanks for all your help. 

[Chancy 6,233]

*** Moved from Bringing Family of LPR forum to Bringing Family of USC forum, where topics about IR5 (parents of USC) cases are discussed ***

 

[nastra30 2,067]

So you are saying throughtout your childhood you and/or mom didn't have records or documents listing both your names? Documents such such medical records or health records, religious documents, school records, insurance records; employment records; financial records (tax returns), census or tribal records, government records, identification documents, etc.

 

 

Edited February 8, 2023 by nastra30

[nastra30 2,067]

On 2/6/2023 at 10:25 PM, sc_queens said:

Passport as the next to kin. Is this going to be sufficient? -imo, doesn't seem sufficient. Childhood records are strong if you can find some.

 

I also spoke with a lawyer and he said I need to have an affidavit and then prove that my mother is related to that person. - Affidavits are weak evidence - Tertiary evidence such affidavits from family/friends are weak unless they are provided along with other secondary evidence.

 

And I need to write a letter stating why I sent the initial birth certificate which is 20 years old. I don't have a template for that and honestly I don't think this would serve any purpose. - Your lawyer isn't wrong about this. If you are really lacking secondary evidence then a compelling statement about late registered BC could sway USCIS, in addition to whatever else you can provide.

 

In general, think about the totality of evidence you can provide. Little bits of evidence from here and there could add up to sway USCIS. It's rather unfortunate your birth was registered late otherwise your BC is all you'll have needed.

Edited February 8, 2023 by nastra30

[mymarriagejourney 113]

Maybe you can request DNA testing.  https://travel.state.gov/content/travel/en/legal/travel-legal-considerations/us-citizenship/US-Citizenship-DNA-Testing.html

[sc_queens 14]

11 hours ago, nastra30 said:

So you are saying throughout your childhood you and/or mom didn't have records or documents listing both your names? Documents such such medical records or health records, religious documents, school records, insurance records; employment records; financial records (tax returns), census or tribal records, government records, identification documents, etc.

 

 

I couldn't find anything. Most of the official documents such as insurance records, employment records or financial records such as tax documents don't even have child child information unlike here in the US. And for school or medical records, it's the father's name that is used. 

[sc_queens 14]

10 hours ago, nastra30 said:

In general, think about the totality of evidence you can provide. Little bits of evidence from here and there could add up to sway USCIS. It's rather unfortunate your birth was registered late otherwise your BC is all you'll have needed.

That's what I am having hard time to gather documents from my childhood. I will try to get secondary documents then. Thanks for your help

[sc_queens 14]

2 hours ago, mymarriagejourney said:

Maybe you can request DNA testing.  https://travel.state.gov/content/travel/en/legal/travel-legal-considerations/us-citizenship/US-Citizenship-DNA-Testing.html

Yes, I thought about that as well. But she doesn't live in the US so I am not sure how this process applies to foreign countries. And also, the document states that DNA testing alone will not prove the relationship. I don't even know what else could prove if DNA testing is not sufficient. Thanks for the help 

[nastra30 2,067]

From the I-130 instructions:

For parent-child relationships only:  If other forms of evidence have proven inconclusive, the petitioner may submit on a voluntary basis other evidence of a birth parent and birth child relationship to include deoxyribonucleic acid (DNA) testing. DNA test results will only be accepted by USCIS from parentage-testing laboratories accredited by the American Association of Blood Banks (AABB).  A list of laboratories can be viewed at www.aabb.org/sa/facilities/Pages/RTestAccrFac.aspx.

[sc_queens 14]

19 hours ago, nastra30 said:

From the I-130 instructions:

For parent-child relationships only:  If other forms of evidence have proven inconclusive, the petitioner may submit on a voluntary basis other evidence of a birth parent and birth child relationship to include deoxyribonucleic acid (DNA) testing. DNA test results will only be accepted by USCIS from parentage-testing laboratories accredited by the American Association of Blood Banks (AABB).  A list of laboratories can be viewed at www.aabb.org/sa/facilities/Pages/RTestAccrFac.aspx.

Thanks for your response. Should I first try to respond to the rfe with the documents I have and if it is still inconclusive, then go for the DNA Testing?