Proof of mother-son relationship

[champi 13]

Hello everyone,

My husband plans to file I-130 for his mom and we need to provide some proof of mother-son relationship. The obvious one is Birth Certificate but my husband's birth was registered very late (in 2009). From what I've read on VJ and other sites, USCIS does not consider Birth Certificate a primary evidence if it was issued anytime after 1 year from birth. So in this case, we need to provide secondary evidence or documents that contains petitioner and beneficiary's name. The only thing I can think of is his cancelled Indian passport which will list both his parent's name and we can get affidavits from his aunt and grandmother. However, we need multiple secondary evidence and I don't know if cancelled passport or the affidavits are good enough evidence.

All of my husband's school mark-sheets, certificates, leaving certificates do not list his mother's name, very few of them even list his father's name. Also, my father-in-law passed in late 80s and my in-laws do not have any marriage certificate. Things like PAN card, driver license also contains his birth date but not mother's name. I don't know if an US Citizen can provide India's Ration card since my husband does not even live in India anymore. The surest way is DNA testing but that will take way too long and probably super-expensive so not considering that as an option right now.

Is there any other document you guys can think of that will server the purpose of proving mother-son relationship?

[catknit 144]

I don't have a lot to add but I'd go ahead and look in the Philipines or VietNam forum for some information on the DNA testing.

I want to say I've read topics where they explain the procedure, timings, and cost. It didn't seem super complex or crazy expensive [under $1000].

Good Luck!

[LIFE'SJOURNEY 970]

What about childhood pictures with the son and mother together.

[champi 13]

I don't have a lot to add but I'd go ahead and look in the Philipines or VietNam forum for some information on the DNA testing.

I want to say I've read topics where they explain the procedure, timings, and cost. It didn't seem super complex or crazy expensive [under $1000].

Good Luck!

Wow, has immigration come to DNA testing already? I hope there are better ways or I get to be one of those lucky whose application does not get rejected. Thanks though, I appreciate it.

Edited July 18, 2012 by champi

[champi 13]

What about childhood pictures with the son and mother together.

I'll try to find if we've any. Since his father died at fairly young age, they did not have much of disposable income to do anything other than basics. THanks

[beejay 123]

Usually DNA needs to be requested in order to be accepted. You could pay to have one done and then the embassy may still want you to do another one when your case gets to the interview stage, so it wouldn't necessarily be helpful to get one now. I would call your embassy to ask about their DNA testing policies and procedures just to check.

As for other evidence you could send in you can look for any evidence that he and his mother resided in the same house while he was growing up. Did his mother have some sort of residence card or document stating her address that could be compared to the address on any documents your husband might have that listed his address as a child (school records, medical visits, etc.) I wouldn't discount the ration card if it lists your husband's name along with his parents as that sounds like very strong evidence. If he grew up in India he is not going to have US documents to prove his relationship with his mother.

I would also find some pictures of your husband with his mother as a baby and then some throughout the course of his life. I wouldn't send tons and tons of photos but select ones from different periods of his life that show she was around when he was a baby and raised him and that they are in fact recognizably the people sending/applying for the petition today.

I think the old passport is also a very good idea. The affidavit from the grandmother might be useful but I would almost have your husband and his mother each write one instead. His mother can state that she met and married her husband and gave birth to [her son's name] on [d.o.b] in [birth city] at [home, hospital etc] (or whatever the circumstance was). If she had a naming ceremony she could talk briefly about that (that would be a good thing to include pictures of or other documents related to that) and when the baby was registered. She doesn't need to talk about the ins and outs of raising him but just talk about the factual circumstances of his birth and briefly about his growing up (where they lived, if they moved etc.)

Are there any religious documents listing her as the mother of your husband?

Have sent in the petition already and received an RFE or are you just planning ahead?

Hope that helps! Good luck

[sunshine_84 11]

have you explored an option to get an affidavit (on Indian Rs 100 or Rs 500 stamp paper) by an Indian lawyer where your husband's mother has her name as mom along with two other people in family to sign it?

I have seen a case where brother filed for his sister who did not have a birth certificate and sister was able to get affidavit with her parents signed the document stating she is their daughter and parents also have a son stating the petitioner's name on it.

I think DNA testing should be the last resource to prove a relationship if nothing works out in your husband's favor.

[champi 13]

Usually DNA needs to be requested in order to be accepted. You could pay to have one done and then the embassy may still want you to do another one when your case gets to the interview stage, so it wouldn't necessarily be helpful to get one now. I would call your embassy to ask about their DNA testing policies and procedures just to check.

As for other evidence you could send in you can look for any evidence that he and his mother resided in the same house while he was growing up. Did his mother have some sort of residence card or document stating her address that could be compared to the address on any documents your husband might have that listed his address as a child (school records, medical visits, etc.) I wouldn't discount the ration card if it lists your husband's name along with his parents as that sounds like very strong evidence. If he grew up in India he is not going to have US documents to prove his relationship with his mother.

I would also find some pictures of your husband with his mother as a baby and then some throughout the course of his life. I wouldn't send tons and tons of photos but select ones from different periods of his life that show she was around when he was a baby and raised him and that they are in fact recognizably the people sending/applying for the petition today.

I think the old passport is also a very good idea. The affidavit from the grandmother might be useful but I would almost have your husband and his mother each write one instead. His mother can state that she met and married her husband and gave birth to [her son's name] on [d.o.b] in [birth city] at [home, hospital etc] (or whatever the circumstance was). If she had a naming ceremony she could talk briefly about that (that would be a good thing to include pictures of or other documents related to that) and when the baby was registered. She doesn't need to talk about the ins and outs of raising him but just talk about the factual circumstances of his birth and briefly about his growing up (where they lived, if they moved etc.)

Are there any religious documents listing her as the mother of your husband?

Have sent in the petition already and received an RFE or are you just planning ahead?

Hope that helps! Good luck

HI beejay

Thank you so much for such a detailed and helpful response. Since government documents take long time to get in India, we're preparing ahead of time. Your response about DNA testing makes sense so if it comes to that, we'll get it done if and when it's requested. Thank you for the idea about same address residence. His mom is housewife and the utilities and stuff is tied to his elder brother so there are likely less document but I am sure there are some. We've some pics of him and his mother together from last 3-4 years but beyond that, only 1 from childhood. I'll also have his mom add some things you mentioned about residence, marriage, etc in the affidavits.

Thanks again for providing good suggestions.

[champi 13]

have you explored an option to get an affidavit (on Indian Rs 100 or Rs 500 stamp paper) by an Indian lawyer where your husband's mother has her name as mom along with two other people in family to sign it?

I have seen a case where brother filed for his sister who did not have a birth certificate and sister was able to get affidavit with her parents signed the document stating she is their daughter and parents also have a son stating the petitioner's name on it.

I think DNA testing should be the last resource to prove a relationship if nothing works out in your husband's favor.

Hi smart84,

Yes, we're getting 3 affidavits, from his mom, his grandmother, and his aunt (mom's sister), stating the fact about his birth. I read somewhere that the affidavits has to be at least Rs 20 stamp paper but Rs 100 or Rs 500 probably makes sense. And I agree with you, DNA testing is our last resort. There has been many cases where affidavits were accepted. Plus my husband does have birth certificate but it's late registration. I am hoping that with affidavits, pictures, cancelled passport, etc, it is sufficient enough proof of their relationship. We am one of those people who prepares for the worst-case-scenario so trying to gather as much information to send as possible. Thanks for your suggestion.

[sunshine_84 11]

Hi smart84,

Yes, we're getting 3 affidavits, from his mom, his grandmother, and his aunt (mom's sister), stating the fact about his birth. I read somewhere that the affidavits has to be at least Rs 20 stamp paper but Rs 100 or Rs 500 probably makes sense. And I agree with you, DNA testing is our last resort. There has been many cases where affidavits were accepted. Plus my husband does have birth certificate but it's late registration. I am hoping that with affidavits, pictures, cancelled passport, etc, it is sufficient enough proof of their relationship. We am one of those people who prepares for the worst-case-scenario so trying to gather as much information to send as possible. Thanks for your suggestion.

I *highly* doubt that you may need to go thru DNA test to prove relationship. It's not a common thing in India, may be USCIS have seen lot of frauds in other countries where they started DNA test requirement.

I also think that you may not even need to send in any photographs to prove a relationship. Send in only *required* documents for filing a petition. Let USCIS decide if they need more proof or not.

I think preparing for the worst-case scenario is always a good thing, and that's my own philosophy as well. But also keep in mind that ppl do have a tendency to scare other people without knowing all things about the procedure and show you 100miles long route which can also be reached in 1 mile. So do your own due diligence, and you should be fine

[beejay 123]

HI beejay

Thank you so much for such a detailed and helpful response. Since government documents take long time to get in India, we're preparing ahead of time. Your response about DNA testing makes sense so if it comes to that, we'll get it done if and when it's requested. Thank you for the idea about same address residence. His mom is housewife and the utilities and stuff is tied to his elder brother so there are likely less document but I am sure there are some. We've some pics of him and his mother together from last 3-4 years but beyond that, only 1 from childhood. I'll also have his mom add some things you mentioned about residence, marriage, etc in the affidavits.

Thanks again for providing good suggestions.

Anytime. I based my answer on what is required when a father is filing for a child "born out of wedlock" and a parent-child relationship must be established. That can be done by showing shared residence, financial support, interest in emotional well-being of child and recognizing the child as your own. The pictures are something that is often required and sometimes easy to provide in such instances. I don't think you will have to go the the extremes to establish all those things but it can give you an idea of what you can use as secondary evidence. I think if you can find at least one document of shared residence as a child that should be strong evidence to go along with the b/c. Even if you have something with your father's name and then include in the mother's affidavit that she resided with her husband throughout their marriage and was a stay-at-home mom that should help.

Here is the US Embassy in New Delhi's page on DNA testing and it looks like they won't accept any DNA they didn't request so I think you are right not to worry about it.

Good luck!

[Deep2009 18]

You have mentioned that your husband is applying for his mother (your's MIL).

How he came here?

1> By marriage to you... if you have filled for his immigration, you must have filled G325A form.

His mother's information has to be there on that form.

2> Even if he comes here with H1, then GC and then, USC OR other family immigration route.

It is very unlikely that you guys have to go through DNA testing to prove the relationship.

Affidavits from family members will and should do the trick.

Keep us posted.

Edited July 19, 2012 by Deep2009

[champi 13]

You have mentioned that your husband is applying for his mother (your's MIL).

How he came here?

1> By marriage to you... if you have filled for his immigration, you must have filled G325A form.

His mother's information has to be there on that form.

2> Even if he comes here with H1, then GC and then, USC OR other family immigration route.

It is very unlikely that you guys have to go through DNA testing to prove the relationship.

Affidavits from family members will and should do the trick.

Keep us posted.

Hi Deep2009,

Thanks and yes, my husband did come to US based on marriage to me and we did filed G325A form during his I-130. We have his mother information in G-325 and many other forms but can previous US immigration forms prove mother-son relationship? Like you said, in most cases, affidavits and some secondary evidence does the trick so DNA testing is less likely. However, I don't know a lot about Indian documents so thought to ask here. This site is such a great information and members always provide good suggestion. Thanks for your help.

[Deep2009 18]

That is very good news...

Your old documents can be used to prove relationship, like G325A.

Those documents was used for your Hubby's immigration, his citizenship, USCIS has all the information on their system about the name of the person who is written as mother for him.

They know his mother name...

He has give them Birth certificate too that has his mom's name.

and also you can ask his siblings for affidavits. The affidavit maker in local court knows what to write.