I-130 Petition - Problems with Birth Certificates

[Wings 0]

My wife is from the Philippines. Her two daughters (1.5 years apart) were delivered at home by "midwife." She and her late husband did not have their birth certificates registered immediately after each child was born. The girls are 14 and 16 years of age.

The older child's birth certificate was registered 3 years later, while the younger child's birth certificate was registered 1.5 years after birth. Granted, although the time that elapsed was maybe longer than perhaps you would expect my wife informed me that it is not

uncommon. She worked as an RN in the Philippines.

We submitted all the usual (logical) supporting documents (i.e. Birth Certificates, late husband's death certificate, etc). After both "I-130 Petitions for Alien Relative" were delivered, our case was transferred to the service center in Laguna Niguel, California. The service center sent an "RFE" for more information due to the time period when each birth certificate was registered with the Philippine "NSO." Apparently USICS is questioning whether or not my wife is the biological mother.

We received from the service center a list of recommendations for "additional" supporting docments (i.e. sworn affidavidts, old family pictures, insurance policies, 401(k)s, IRAs, etc). The 'RFE' notice states that the items listed are only recommendations, but may not fully support our case. (One "sworn affidavidt" will be from the mayor of the municipality where both daughters were born.)

One sentence in the notice that got my attention was that, although the list of recommendations is helpful there is only "one document" that is "persuasive" for establishing the "biological" relationship between my wife and her two daughters. IF not a birth certificate, what would the "one document" be? The USICS has not given us a "clue" as to what they need for "persuasive" documentation.

The USICS also recommends (as an "alternative") to have DNA Tests done by an "approved" lab here in the USA and in the Philippines which will cost about $2000.00 (per child) in the Philippines according to the information my wife has. This does not include the cost for the 'approved' lab here in the USA. Aside from the costs there is the possibility of one or both labs not including the "blue" I-797 Form with the "sealed" DNA results which must also be sent directly to the USICS service center.

I am presuming that "St. Luke Hospital" in Manila where ALL physicals for K-1 Visas are performed would be the "approved" location in the Philippines for collecting the two girls' DNA.

A "valid" birth certificate that is also "certified" by the Philippine NSO should be the "one document" that is persuasive in our case. Furthermore, both girls have passports.

Being that they were (are) minors my wife had to give her "approval" on their passport applications. It would be helpful if anyone knows where we could contact a Philippine Government Agency that could issue a "certified copy" of each passport application "bearing" my wife's name and signature as the parent (mother) granting permission.

Has anyone encountered this same issue or one quite similar? If so, please adivise what was done to resolve your dliema.

Thank you so much for your assistance!!

[Darnell 8,479]

so the children have 'delayed issued' birth certificates.

When you talk to an ISO about this, at USCIS National Call Center, what do they say ?

[Wings 0]

Good afternoon (morning?)....

Thank you for reading my post. We have not called the '800' number yet.

When we received the "RFE"s late yesterday afternoon we immediately began working on gathering additional documentation such as contacting her friends and family in the Philippines. However, each 'RFE' notice does clearly state that the premise for the requests is due to the "delay" in regstering each birth certificate.

The birth certificates are 'valid' and are 'certified' bearing the name of the "midwife" that delivered each child. The "NSO" office in the Philippines has all information documented, etc.

This is the first time we have ever heard of such an issue with a birth certificate.

[apple21 953]

The late registration of the BC by years will raise some eyebrows not just in the USCIS level but also with US Embassy Manila.

Baptismal certificates and affidavits from disinterested persons can be helpful as supporting documents but the ultimate proof will be a DNA test (most probably will be required by US Embassy Manila).

By the way, what BC did you submit? The Local Civil Registry (LCR) copy? or the NSO copy (printed in security paper)?

Edited November 15, 2013 by apple21

[Tropical flower 0]

Hi Wings,

I have similar problem.My son is also LAte Registered.My question is which Birth Certificate did you submit with your application from (NSO or Local Registration)?Did you go through DNA test?And Visa approved?Thanks