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How can my wife prove a father / daugther relationship for I-130?

By Heading2VietNam in Bringing Family Members of US Citizens to America

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Heading2VietNam Contributor

Heading2VietNam   6

Posted
Filed: K-1 Visa Country: Vietnam
 Timeline
Posted

My wife became a US Citizen July 11, 2017, and she would like to petition for her Mom and Dad to come live here with us..  We've filled out both petitons, but there is a slight problem on her Dad's petition and I have no idea what to do.

 

Her Mother and Father live in Vietnam and they had a non legal wedding ceremony in 1982 right before my wife was born, at the time they never went to get a marriage certificate to make their marriage legal.  When my wife was a few years old they got the marriage certificate.  The problem is they lost the certificate when my wife was 24, and when they went to the police station to get a replacement they said they couldn't find it.  So basically her parents got remarried when my wife was 24 years old.  Her Mom and Dad have lived together for over 35 years in the same house in the same village, but how can we prove that they've really been married since my wife was just a baby? 

 

I guess my question is how does my wife show she was legitimated by her father?  She has a birth certificate and a family book both showing her fathers name on both documents.  But with the marriage certificate showing they got married when she was 24 it looks a little funny.  My wife has no way to show that her Dad supported her for her whole life, because they mostly use cash for everything in Vietnam, so I'm hoping someone has some ideas on what I should include in his petiton.  Can my wife and her Dad get a DNA test to prove he really is her Dad or is that not what they are looking for?

 

Thanks in advance for any help you may give us.

Our Story
[February 23rd 2011] Met online
[March 2012 - June 2012] made travel plans, bought plane ticket, planned Vietnamese tea ceremony, bought engagement ring / wedding rings
[July 16th 2012] Met each other for the first time in person in Vietnam
[July 29th 2012] Had non-legal Vietnamese Tea Ceremony in her hometown
[August 16th, 2012] Left Vietnam to come back to the US
[August 20th - September 2nd] Prepared 1-129F packet to send to USCIS
 
K1 Journey
[september 4th 2012] I-129F packet sent
[september 9th, 2012] received text message from USCIS, stating that I-129F was accepted on Sept 7th
[september 11th,2012] received hard copy of the NOA1 in the mail
[April 17th, 2013] received text message on cell phone of NOA2
[April 22nd, 2013] received hard copy of the NOA2 paper in the mail
[April 24th, 2013] NVC sent packet to Ho Chi Minh City - US Embassy
[May 13th, 2013] Fiance received packet 3 from US Embassy in the mail
[May 20th, 2013] Fiance mailed completed packet 3 back to US Embassy
[July 9th, 2013] Fiance received packet 4 from US Embassy in the mail
[August 16th, 2013] Interview date, Approved!!!!
 
[sept 11th, 2013] My Fiance left Vietnam
[sept 12th, 2013] My Fiance arrived in Chicago and I was anxiously waiting at the gate for her.
[sept 25th, 2013] We got married
 
AOS journey starts
[Nov 14th, 2013] sent the AOS packet [i-485, I-765, I-131]
[Nov 16th, 2013] package was delivered
[Nov 22nd, 2013] received NOA1 via text message
[Nov 25th, 2013] check cleared my bank
[Nov 28th, 2013] received hard copy of NOA1 in the mail
[Dec 5th, 2013] received Biometrics appointment letter
[Dec 18th, 2013] Biometrics appointment
[Jan 17th, 2014] EAD/AP - card in the mail
[March 3rd, 2014] received I-797 in the mail, stating that my wife's AOS was approved, and to expect her green card in 3 weeks
[March 7th, 2014] received green card in the mail - we did not have an AOS interview
 
Having a Baby!!!
[October 28th, 2014] Pregnancy test is positive
[July 6th, 2015] our son is born
 
Removal of Conditions journey starts
[Dec 8th, 2015] sent the ROC packet I-751
[Dec 10th, 2015] NOA1
{Dec.14th,2015} Checked cleared my bank
[Jan 5th, 2016] Biometrics appointment
[June 1st, 2016] Notified that new card in production
[June 8th, 2016] Notified that card has been mailed
[June 10th, 2016] Received 10 year green card in the mail
 
US Naturalization (N-400) journey starts
[Feb. 10th, 2017] sent the US Naturalization paperwork - N-400
[Feb         , 2017] NOA1
[Feb.        , 2017] Check cleared my bank
[March      ,2017] Biometrics appointment
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Heading2VietNam Contributor

Heading2VietNam   6

Posted
Filed: K-1 Visa Country: Vietnam
 Timeline
  • Author
Posted

I misspelled "daughter" in the topic, lol, I find it hard to type on the IPad.

Our Story
[February 23rd 2011] Met online
[March 2012 - June 2012] made travel plans, bought plane ticket, planned Vietnamese tea ceremony, bought engagement ring / wedding rings
[July 16th 2012] Met each other for the first time in person in Vietnam
[July 29th 2012] Had non-legal Vietnamese Tea Ceremony in her hometown
[August 16th, 2012] Left Vietnam to come back to the US
[August 20th - September 2nd] Prepared 1-129F packet to send to USCIS
 
K1 Journey
[september 4th 2012] I-129F packet sent
[september 9th, 2012] received text message from USCIS, stating that I-129F was accepted on Sept 7th
[september 11th,2012] received hard copy of the NOA1 in the mail
[April 17th, 2013] received text message on cell phone of NOA2
[April 22nd, 2013] received hard copy of the NOA2 paper in the mail
[April 24th, 2013] NVC sent packet to Ho Chi Minh City - US Embassy
[May 13th, 2013] Fiance received packet 3 from US Embassy in the mail
[May 20th, 2013] Fiance mailed completed packet 3 back to US Embassy
[July 9th, 2013] Fiance received packet 4 from US Embassy in the mail
[August 16th, 2013] Interview date, Approved!!!!
 
[sept 11th, 2013] My Fiance left Vietnam
[sept 12th, 2013] My Fiance arrived in Chicago and I was anxiously waiting at the gate for her.
[sept 25th, 2013] We got married
 
AOS journey starts
[Nov 14th, 2013] sent the AOS packet [i-485, I-765, I-131]
[Nov 16th, 2013] package was delivered
[Nov 22nd, 2013] received NOA1 via text message
[Nov 25th, 2013] check cleared my bank
[Nov 28th, 2013] received hard copy of NOA1 in the mail
[Dec 5th, 2013] received Biometrics appointment letter
[Dec 18th, 2013] Biometrics appointment
[Jan 17th, 2014] EAD/AP - card in the mail
[March 3rd, 2014] received I-797 in the mail, stating that my wife's AOS was approved, and to expect her green card in 3 weeks
[March 7th, 2014] received green card in the mail - we did not have an AOS interview
 
Having a Baby!!!
[October 28th, 2014] Pregnancy test is positive
[July 6th, 2015] our son is born
 
Removal of Conditions journey starts
[Dec 8th, 2015] sent the ROC packet I-751
[Dec 10th, 2015] NOA1
{Dec.14th,2015} Checked cleared my bank
[Jan 5th, 2016] Biometrics appointment
[June 1st, 2016] Notified that new card in production
[June 8th, 2016] Notified that card has been mailed
[June 10th, 2016] Received 10 year green card in the mail
 
US Naturalization (N-400) journey starts
[Feb. 10th, 2017] sent the US Naturalization paperwork - N-400
[Feb         , 2017] NOA1
[Feb.        , 2017] Check cleared my bank
[March      ,2017] Biometrics appointment
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Penguin_ie Grand Master

Penguin_ie   5,996

Posted
Filed: Citizen (apr) Country: Ireland
 Timeline
Posted

She doesn't  need to show the parents are married.  As long as he is listed as the that in the official papers, and she has some relationship with him (he can show photos, or talk about what he did for her birthday, or how proud he was when she graduated or whatever), he will be fine.

Bye: Penguin

Me: Irish/ Swiss citizen, and now naturalised US citizen. Husband: USC; twin babies born Feb 08 in Ireland and a daughter in Feb 2010 in Arkansas who are all joint Irish/ USC. Did DCF (IR1) in 6 weeks via the Dublin, Ireland embassy and now living in Arkansas.

mod penguin.jpg

mallafri76 Experienced

mallafri76   1,012

Posted
Filed: IR-1/CR-1 Visa Country: Sweden
 Timeline
Posted (edited)

Like penguin said, parents don't need to be married to be petitioned. The birth certificate will show that he's your dad and then you must show an ongoing relationship between you and your father.

 

USCIS still has a very outdated view on the family concept, calling it born out of wedlock and a marital union means living together. 🙄

Edited by mallafri76

Met online October 2010


Engaged December 31st 2011


heart.gifMarried May 14th 2013 heart.gif



USCIS Stage


September 8th 2014 - Filed I-130 with Nebraska Service Center


September 16th 2014 - NOA1 received


March 2nd 2015 - NOA2 received :dancing:



NVC Stage


March 28th 2015 - Choice of agent complete & AOS fee paid


April 17th 2015 - IV fee paid


May 1st 2015 - Sent in IV application


May 12th 2015 - Sent in AOS and IV documents


May 18th 2015 - Scan Date


June 18th 2015 - Checklist received


June 22nd 2015 - Checklist response sent to NVC


June 25th 2015 - Put for Supervisor Review


Sept 15th 2015 - Request help from Texas US Senator Cornyn and his team


Sept 23rd 2015 - Our case is moved from supervisor review to NVC's team for dealing with Senator requests


Nov 4th 2015 - CASE COMPLETE!!!! :dancing:



Embassy Stage


Dec 16th 2015 - Medical exam


Dec 21st 2015 - Interview


Dec 21st 2015 - 221(g) issued at interview for updated forms


Jan 13th 2016 - Mailed our reply to the 221(g) to the US Embassy, received and CEAC updated the next morning


Jan 20th 2016 - Embassy require more in-depth info on asset for i-864


Feb 1st 2016 - Sent more in-depth info on assets as requested. Received the next morning


Feb 16th 2016 - Visa has been issued :dancing: :dancing: :dancing: :dancing: :dancing:



In the US


April 5th 2016 - POE Newark. No questions asked.


April 14th 2016 - SSN received


May 10th 2016 - First day at my new job :dancing:


May 27th 2016 - Green Card received


June 7th 2016 - Got my Texas driver's license

 
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