Son born out of wedlock.

[latininNJ 1]

Hello everyone, long no see. First want to thank this community that helped me so much when I petitioned my wife and son almost 8 years ago.

Now it's time for me to petition my son that was born out of wedlock. His mother finally understands that whats best for him right now is to finish his education in the US with me. His mother and I never got married.

The thing is I'm not sure if I should just send his Birth Certificate (which has my name as his father) and my Birth Certificate along with the I130, or do I need to send proof of a bonafide son-father relationship? That's gonna be difficult since I don't have copies of the money transfers I've sent him. I've gone to Venezuela to visit him but other than that I don't know what exactly could constitute proof of father-son relationship.

Thanks.

Edit:

I can't use the US Born Abroad option, because I can't prove that I was in the US for five years before my son's birth date.

Edited March 27, 2013 by latininNJ

[Penguin_ie 5,993]

**** Moving from CR-1 spousal visa to Bringing Family Of USC forum ****

It's a good idea to include a few photos of you and your son through the years, if you have any, though as long as he is a minor it is technically not needed (but it may avoid a DNA test, so save you time and money...).

[Boggy1974 124]

Hello everyone, long no see. First want to thank this community that helped me so much when I petitioned my wife and son almost 8 years ago.

Now it's time for me to petition my son that was born out of wedlock. His mother finally understands that whats best for him right now is to finish his education in the US with me. His mother and I never got married.

The thing is I'm not sure if I should just send his Birth Certificate (which has my name as his father) and my Birth Certificate along with the I130, or do I need to send proof of a bonafide son-father relationship? That's gonna be difficult since I don't have copies of the money transfers I've sent him. I've gone to Venezuela to visit him but other than that I don't know what exactly could constitute proof of father-son relationship.

Thanks.

Edit:

I can't use the US Born Abroad option, because I can't prove that I was in the US for five years before my son's birth date.

OP, see attachment below. This is an actual RFE I helped my friend in a similar situation as you, respond to back in 2008, even before I found and joined this site. We responded to the various underlined items, and he was approved within 21days of the receipt of the RFE.

You will have to prove a bona fide father-son r/ship and thereby legitimation. (Money transfer receipts are good evidence, even though you say you can't find yours).

Don't forget also that upon approval of your petition, your son will derive US citizenship per the Child Citizenship Act 2001 (CCA 2001), IF, and a big IF you're already a US citizen prior to his birth.

Let me know if you need further guidance and I would be happy to help. Best of luck.

Actual RFE - Born out of wedlock.pdf

Edited March 27, 2013 by Boggy1974

[Dat Nguyen 0]

I am a son born out-of-wedlock.

My father has petitioned me last year. He was approved at USCIS.

Although my father has my name on the birth certificate, the CO still require a DNA test. It might be the relationship's evidence was not tie enough. (No photo in my childhood, just bills and log chats. However, the CO didnt even take a look at them)

[latininNJ 1]

OP, see attachment below. This is an actual RFE I helped my friend in a similar situation as you, respond to back in 2008, even before I found and joined this site. We responded to the various underlined items, and he was approved within 21days of the receipt of the RFE.

You will have to prove a bona fide father-son r/ship and thereby legitimation. (Money transfer receipts are good evidence, even though you say you can't find yours).

Don't forget also that upon approval of your petition, your son will derive US citizenship per the Child Citizenship Act 2001 (CCA 2001), IF, and a big IF you're already a US citizen prior to his birth.

Let me know if you need further guidance and I would be happy to help. Best of luck.

Let me clarify. I'm a US Citizen by birth. When you say "...upon approval of your petition, your son will derive US citizenship per the Child Citizenship Act 2001..." what does "approval" mean? Is after the visa has been issued or what? Will he derive US Citizenship once he enters the US or while he is in Venezuela?

Do you think a DNA test alone is enough?

Thanks

[Boggy1974 124]

I am a son born out-of-wedlock.

My father has petitioned me last year. He was approved at USCIS.

Although my father has my name on the birth certificate, the CO still require a DNA test. It might be the relationship's evidence was not tie enough. (No photo in my childhood, just bills and log chats. However, the CO didnt even take a look at them)

Unfortunately what you describe is so true. My friend's name was on the son's BC, but he still got the RFE asking for proof bona fide father-son r/ship, and the various types of evidence they requested for. In this case, you only have to be thorough by responding to the underlined items point-by-point.

The last resort of all is the DNA test which I'm sure you know is very expensive. The sad part is, they throw the kitchen sink at you for evidence for perceived fraud prone countries.

[latininNJ 1]

I am a son born out-of-wedlock.

My father has petitioned me last year. He was approved at USCIS.

Although my father has my name on the birth certificate, the CO still require a DNA test. It might be the relationship's evidence was not tie enough. (No photo in my childhood, just bills and log chats. However, the CO didnt even take a look at them)

So it seems a DNA is deemed sufficient proof. I will follow your case to know the outcome.

I'm sending the I130 along with my Birth Cert, my sons Birth Cert, and some photos. Let's see what happens.

[Darnell 8,478]

Let me clarify. I'm a US Citizen by birth. When you say "...upon approval of your petition, your son will derive US citizenship per the Child Citizenship Act 2001..." what does "approval" mean? Is after the visa has been issued or what? Will he derive US Citizenship once he enters the US or while he is in Venezuela?

Perhaps petition was the wrong word?

The child qualifies ONCE he's gone through a USA POE, so there's still visa chasing to do. Having an approved I-130 petition is never enough, for this. Must to chase a visa, also.

[Boggy1974 124]

Let me clarify. I'm a US Citizen by birth. When you say "...upon approval of your petition, your son will derive US citizenship per the Child Citizenship Act 2001..." what does "approval" mean? Is after the visa has been issued or what? Will he derive US Citizenship once he enters the US or while he is in Venezuela?

Do you think a DNA test alone is enough?

Thanks

Pardon me if I didn't explain well enough (I'm at work doing many things). Anyway, I meant "upon going through the VARIOUS processes to include petition approval, passing through NVC and submitting ALL relevent documentation, AND passing an interview (if any) and getting issued a visa for the child, getting admitted at POE and physically being present in the USA, and in the physical custody of the legitimating parent.

Yes the child (in your case your son) will derive US Citizenship when he is HERE in the USA, per CCA 2001.

[Boggy1974 124]

My friend submitted a combination of the underlined items, including a DNA test. He basically threw the kitchen sink back at them in terms of evidence he submitted.

[Dat Nguyen 0]

Let me clarify my case.

My father's name wasn't in my birth certificate until 2010. He came back to VN to take DNA test required by Tien Giang Department of Justice to put his name on my birth cerf. The result is 99.99%.

However, the problem is that that lab is not AABB accredited. Therefore, the CO required my family to take the DNA test again.

I don't know how if the father's name has put on birth certificate right after his son's birthday.

[Boggy1974 124]

Yes, for immigration purposes, DNA tests is accepted only from AABB accredited labs. So the CO was within his/her authority to request DNA retest.

I would say you should go aheard and submit to another test from an accredited AABB lab. Good luck!

[Kazulie 132]

Hello everyone, long no see. First want to thank this community that helped me so much when I petitioned my wife and son almost 8 years ago.

Now it's time for me to petition my son that was born out of wedlock. His mother finally understands that whats best for him right now is to finish his education in the US with me. His mother and I never got married.

The thing is I'm not sure if I should just send his Birth Certificate (which has my name as his father) and my Birth Certificate along with the I130, or do I need to send proof of a bonafide son-father relationship? That's gonna be difficult since I don't have copies of the money transfers I've sent him. I've gone to Venezuela to visit him but other than that I don't know what exactly could constitute proof of father-son relationship.

Thanks.

Edit:

I can't use the US Born Abroad option, because I can't prove that I was in the US for five years before my son's birth date.

If you sent money by western union you can call them and get copied of everything you've sent through them. If you use another company, you should call them and ask.