I thought i was done with USCIS but guess again

[Aeolus 0]

Hi

I thought i was done with USCIS when my wife obtained her citzenship but I think I may have to put up with them for a little while longer. After becoming a U.S citzen my wife decided to petition I-130 for her mom. My wife recived a RFE for mom's petition. The RFE states that the birth cerificates submitted were registered many years after the actual event occurred. My wife recently obtained her and her mom's birth certificates from Pakistan. The RFE asks for

1.Religious documents

2.Affidavits

3.Early school records

4.medical records

5.Census Records

6.Blood tests

so my questions are

1. Has anyone ran into this before?

2. What documents should i assemble for the RFE?

Any help would be appreciated

[JimVaPhuong 4,863]

Yes, this is relatively common in countries where it's possible to get a fraudulent birth certificate with some ease. They want proof that the person your wife is petitioning for is actually her biological mother and not a friend or other relative. My wife had to provide the same sort of evidence to prove her kids were eligible for K2 visas.

There are two ways you could prove this. One is with documentary evidence. The other is a DNA test.

Documentary evidence is evidence that corroborates the claim that the petitioner is the son or daughter of the beneficiary. It's reasonable to expect that a parent would have collected certain documents about their children as the children were growing up. In order to be credible, that evidence has to come from a third party, such as a church or mosque, a school, a hospital, or a government authority. Since the daughter in this case is the petitioner, it will be necessary for the documents to list both parent and child. Also, the documents must pre-date the petition, which means the documents must have existed before the petition was filed. Documents which were generated after the petition was filed will be considered suspicious, just as the birth certificate was considered suspicious.

"Blood tests" is pretty vague since a blood test can be given for a whole host of reasons, the majority of which have nothing to do with proving a biological relationship. I'm presuming they're referring to DNA testing, but that usually isn't done with blood anymore. It's usually done with a cheek swab. Anyway, you can skip all of the documentary evidence if you get a DNA test to prove the biological relationship. You'd need to find a testing lab which is acceptable to the consulate. I know there are labs in the US they'll accept, but I'm not certain if there any labs in Pakistan they'd accept. If the lab is in the US then you'd pay the fees and the lab would collect the DNA sample from your wife. The lab would send a DNA collection kit to the consulate, who would then call your wife's mother in for DNA collection. A consular officer would witness the collection, and then the kit would be sent back to the lab for testing. The results will be sent to the consulate. The DNA collection is very simple - they rub a cotton swab on the inside of the applicant's cheek. No blood is involved.

[ndu26 114]

do not waste your money doing a DNA if you were not specifically asked by USCIS to do so. i m aware of DNA being requested only at the embassy interview stage. you need to provide documentation that supports your wife's claim of relationship with her mother and it has to be way before the petition was filed. do you have something like a census bureau or national population commission that can issue a document to that effect?

Edited February 4, 2012 by ndu26