My child with fiance enough proof of relationship?

[KiwiBird 132]

Pushbrk, that's what I was thinking. I believe it was my thread she had replied to... I was under the impression a bunch of people for RFE's between their NOA1 and NOA2. Isn't that what makes up like half of the posts on this site?

Either way, to the OP, when dealing with the gov't.. better be safe than sorry. Include as much as you can for them.

[coraliesolms 47]

Well, and lets be honest.. there are plenty of people out there who share genetics in a child that dont give a ####### about eachother. Unfortunately (and I know this sounds jaded) but these days having a child, is not "proof of an ongoing relationship".

[amykathleen2005 441]

Anyone can have sex with anyone else and get pregnant, doesn't mean anything in and of itself.

[KiwiBird 132]

Anyone can have sex with anyone else and get pregnant, doesn't mean anything in and of itself.

I believe she was asking if it was good enough proof that they met in person. (I could be wrong on that, but that was the impression I got!)

EDIT: Yea, apparently I was only reading into half of her question.

Edited December 7, 2010 by KiwiBird

[VanessaTony 3,567]

Pushbrk, that's what I was thinking. I believe it was my thread she had replied to... I was under the impression a bunch of people for RFE's between their NOA1 and NOA2. Isn't that what makes up like half of the posts on this site?

Either way, to the OP, when dealing with the gov't.. better be safe than sorry. Include as much as you can for them.

Like I told you then, I tried looking and couldn't find ANY RFE's for K1 petitions (though not everyone labels their threads correctly). I found a few at the visa stage, but the vast majority of RFE threads are AOS related.

But as I also told you then, i'm more than happy to be wrong on this point for everyone's sake.

Edited December 7, 2010 by Vanessa&Tony

[Kristy S 13]

Anyone can have sex with anyone else and get pregnant, doesn't mean anything in and of itself.

most of you are overlooking the part that without a dna test there is no proof of who the dad is

[pushbrk 12,898]

Like I told you then, I tried looking and couldn't find ANY RFE's for K1 petitions (though not everyone labels their threads correctly). I found a few at the visa stage, but the vast majority of RFE threads are AOS related.

But as I also told you then, i'm more than happy to be wrong on this point for everyone's sake.

You may not find any threads labeled that way but I am personally familiar with one such situation as recent as last month, though I've read here about many over the years. It's only in the RFE letters that we find USCIS using the terms "primary evidence" and "secondary evidence". You won't find those in any published instructions, just in RFE letters.

Perhaps more importantly a request for additional evidence at the visa stage is not properly referred to as an RFE. It's first a 221g denial with an opportunity to overcome the denial by submitting requested documentation. RFE is a petition stage term.

[VanessaTony 3,567]

most of you are overlooking the part that without a dna test there is no proof of who the dad is

True. And the OP will have had to apply for CRBA for the baby (unless she has already) so she could already have the DNA testing done, or have to do it soon anyway.. so that's easily sorted.

But yes I agree (but didn't want to say it at the time), a name on a certificate is proof of nothing... though you could say the same about writing a letter of intent. I might have written it but who knows if that's actually my intent.. but that's neither here nor there... Yes, the OP's child's birth cert only proves she has a child and that she says her fiance is the father, nothing else.

[Shenzhen 34]

that's pretty extreme, doubt they'd assume that.

good info. thanks.

A friend of mine was stationed in the Philippines and he had a child with his GF. He then wanted to bring them both here after he got back. They said it wasn't his child and denied his fiance visa. Talk about adding insult to injury. So I would include everything. Even Dna testing as suggested.

Edited December 8, 2010 by Shenzhen

[KiwiBird 132]

A friend of mine was stationed in the Philippines and he had a child with his GF. He then wanted to bring them both here after he got back. They said it wasn't his child and denied his fiance visa. Talk about adding insult to injury. So I would include everything. Even Dna testing as suggested.

Ouch! That's awful!

[KittyPollitt 284]

Even at the consular level, having a notarized, signed affidavit of parentage along with the birth certificate is not proof enough of a relationship for them. Trust me, I went through it. I lived with my fiance and our daughter since she was 3 months old, had all the legal documentation that she was his, and they still grilled him at interview. Because the bottom line is, fraudsters will do anything to get into America, including knocking a woman up. The burden of proof is still on you to provide proof of a real relationship- just as if your child didn't exist. Good luck..

[Gary and Alla 3,694]

First off, I just found this site and am THRILLED to see the resources available. I just sent in the 129F and am glad to see I am not alone.

My fiance and I have an 18 month old son. I included his birth certificate in the packet as proof that we have met in person (duh...). Will that be enough or will we be asked for further proof of a relationship (ie photos, plane tickets, etc)?

There is no need to prove "relationship" for the petition, only that you have met in person within to years prior to filing a petition. An 18 month old baby does NOT prove that. They CAN do math. 18 months plus 9 months = 27 months since the baby was conceived, three months PAST the required two year cut off which IS a hard line. Hopefully you have included other evidence that you have met her in person within the last two years.

[Gary and Alla 3,694]

lol boarding passes only show that you visited the persons COUNTRY. same with stamps. yet those are considered primary evidence and a birth certificate showing you had a kid together wouldn't be? hilarious.

The birth certificate eof an 18 month old baby is absoluetly NOT proof that they have net within the last two years.

This is not a criminal trial requiring evidence beyond reasonable doubt. You merely have to give plausible evidence you met, that is why boarding passes and such are accepted. Together with secondary evidence, photos, it is usually accepted.

The petition does not require proving evidence of relationship and the conception of the child is more than two years ago. The birth certificte is worthless for the purposes of the petition. It was wasted paper to copy it.

It MAY have some bearing on the proof of relationship for the interview IF the father can show he has been supporting the child. Getting the child his US passport would be a good way to prove that, he will need to anyway, the child is not eligible for a visa, the child is a US citizen and doesn't need a visa.

IF all you can show is you had sex with this woman 27 months ago, the baby is not proof of relationship.

[coraliesolms 47]

On the CRBA note... one does NOT need a DNA test for that... I had to get one for our little girl, and they never asked for it.

[George & Gina 29]

because you might get someone that just adds 9+18 and comes up with 27 you need more proof that you have met with in the last two years.......at the interview you will need more than proof of a child together to show an on going relationship such as chats.......phone calls.....tickets from visits and pictures......

sara

+1