I-130 denial (stepdaughter petition)

[Kathy and Jesse 16]

Thank you! Yes I better wait for the letter from USCIS. I hope it's not so major. We had a thought of calling uscis to hold the case and tell them our situation and send some court documents, I wish we have had done that. It's so heart breaking. My daughter was looking forward to get here.

[Ning 619]

The "new" Bc said to change the mother into my name and delete the entry of father and place of marriage. It has the annotation. I am not going to deal w the father of my daughter because he never exist. My daughter live with me since the day she was born.

I do not know what is the reason of denial but I am asking for advice in regards of this case. Appealing or re-apply? Which one is our option? When my husband petitioned me with fiancé visa we didn't have any problem. It went so smoothly. I have declared on the said petition that I have a daughter and she was indicated with the approval. We didn't meet the timeframe of k2 due to the slow process of her BC correction that is why my husband filed for step daughter petition.

No reason to appeal or reapply until you deal with the reason for the existing denial which must be about the B C for the child therefore permission from the bio father.

You may not want to deal with the bio father but the embassy must unless you have a court order of sole custody. Find out what they require for any case similar to yours when it comes to this issue of custody.

[Kathy and Jesse 16]

Even though he's not listed on my daughters birth certificate?

[e24 6]

Its very heart breaking reading your story. Im praying that you will be reunited with your daughter soon. Keep us updated once you received the mail explaining the denial of your case.

[Ning 619]

Even though he's not listed on my daughters birth certificate?

In two case I know of the embassy insisted the bio father could and would be found even though the father wasn't on the B C. One of those cases was approved after they got a court order of custody. In the other the people gave up and two children remain in their home country of Thailand.

This could be different in the P I but I doubt it. The only way to know is to get your letter or contact the embassy to ask what the policies and procedures are in the case of children.

I brought my daughter to the USA so know how you must feel when it seems you cant get the childs visa. I can only say not to give up and continue to search out the answers you seek now. I hope you will take time to keep us informed because your case history may help many others in the future.

[aaron2020 11,651]

The denial has nothing to do with the father's permission for the child to immigrate. The father has nothing to do with approving the I-130. Approval of the I-130 requires a prima facie proof of a petitionable relationship. It does not involve the father.

This has to do with potential fraud. USCIS probably thinks this is a case of changing the birth certificate to change a sister to a daughter for an immigration purpose. USCIS may suspect the corrected BC is the fraudulent one.

Edited January 1, 2014 by aaron2020

[slowlyman 118]

I'm sure this is really difficult for you. But you have a great support system here on VJ. I hope you keep us posted.

Additionally try not to get all worked up over speculation. You really need to wait for the letter. Once you know what went wrong you can formulate a plan and move forward.

[Ning 619]

The denial has nothing to do with the father's permission for the child to immigrate. The father has nothing to do with approving the I-130. Approval of the I-130 requires a prima facie proof of a petitionable relationship. It does not involve the father.

This has to do with potential fraud. USCIS probably thinks this is a case of changing the birth certificate to change a sister to a daughter for an immigration purpose. USCIS may suspect the corrected BC is the fraudulent one.

You may be correct about this. If you are then you don't think the bio father will have anything to do with the future approval? I am not arguing just want your opinion.

[apple21 953]

For Philippines, illegitimate children are in the full custody of the mother. Nothing is needed from the bio father even if the father's name is listed on the birth certificate.

[Kathy and Jesse 16]

Its very heart breaking reading your story. Im praying that you will be reunited with your daughter soon. Keep us updated once you received the mail explaining the denial of your case.

trust me, it really is. yes Im hoping to receive the letter this weekend.

[Kathy and Jesse 16]

That's the reason why I waited for my daughters BC to be corrected first before we file the petition because if we submit the old BC that would really look like more fraudulent. I thought they will just gonna ask me for DNA instead of denial..

I really don't know what to do to make them believe that she is my biological daughter.

[Darnell 8,478]

i will posit that it's not a hard denial.

Some USCIS offices send out a NOID instead of an RFE. It's a shock to the system, but,

I am positing that what you will receive, via postal mail, will be titled 'Notice of Intent to Deny' and there will be a list of reasons and a written statement about what you can do to overcome USCIS's intent to deny, and a timeframe for submitting the rebuttal docs.

Wait for the postal mail.

[aleful 1,905]

hi

you might have to do that, to do a dna test and of course all the court document if you have to re file or they request other proof

hope it's something else but most likely you didn't send enough proof of her being your biological daughter

Edited January 1, 2014 by aleful

[Kathy and Jesse 16]

I know it was my mistake for not sending the supporting documents along with the petition. I was hoping that they would have send an RFE. The new birth certificate has an annotation saying that it was approved by court with our presiding judge. The court order was clear and detailed that the changes was made. Unless they didnt read it. If they did they would just ask me for additional proof. Well what can i do. Just wait for the official letter and see what it says. My husband will gonna try to call uscis tomorrow for further assistance of this case.

[Kathy and Jesse 16]

my husband called USCIS today, but he didn't get any answer regarding on our case. does anybody knows how to contact the uscis directly? We are hoping to talk with an officer to discuss about the denial.