Marriage Certificate for I-130 filing for Parents through AOS

[Vic99 0]

I'm planning to file I-130 petition for my parents who are currently on B2 visa. My parents got married in 1973 and the marriage was never registered in India. There is no marriage certificate available. Though the marriage certificate can be obtained now, it will require them to travel to India. I would prefer to avoid the travel. 

I have tried getting the Non-availability of Marriage Certificate from Mumbai but not been able to get any success. 

 

I have several secondary evidence like - Affidavits from 2 relatives who attended the wedding in 1973, Petitioner's birth certificate showing both parents name, family photographs, Government issued ID cards for mother showing father's name as husband.    

 

I would appreciate to hear from anyone who have filed I-130 without any marriage certificate and Non-availability certificate. Also is there anyone who had to use the DNA testing to prove USC child (Petitioner) and Beneficiary father relationship. 

 

[little immigrant 801]

I suggest to have them go back home and get their documents in order while you file I-130 for your parents.

[Unlockable 7,315]

9 hours ago, Vic99 said:

I'm planning to file I-130 petition for my parents who are currently on B2 visa. My parents got married in 1973 and the marriage was never registered in India. There is no marriage certificate available. Though the marriage certificate can be obtained now, it will require them to travel to India. I would prefer to avoid the travel. 

I have tried getting the Non-availability of Marriage Certificate from Mumbai but not been able to get any success. 

 

I have several secondary evidence like - Affidavits from 2 relatives who attended the wedding in 1973, Petitioner's birth certificate showing both parents name, family photographs, Government issued ID cards for mother showing father's name as husband.    

 

I would appreciate to hear from anyone who have filed I-130 without any marriage certificate and Non-availability certificate. Also is there anyone who had to use the DNA testing to prove USC child (Petitioner) and Beneficiary father relationship. 

 

They should have a back up plan because they very well have to travel back to India.

 

A likely scenario is that they file with the evidence you have now and then later they get an RFE asking for an actual certificate in which they will have to go to India. Once they leave they will then abandon their AOS. But to petition for their parents a US citizen must prove the biological relationship with the parents more than the marriage between the parents. You qualify to petition each parent even if they are not married.

 

This is is the risk people take when they AOS from B2s. Sometimes they don’t have all they reasons they need with them.

 

As for DNA, it has become a more common practice but it is not asked for all the time. If you can prove they are your biological parents then there are options to move forward.

 

Have they overstayed their B2 yet?

[az2014 381]

They are on a B2, the purpose of visit when asked at the POE was pleasure/tourism, you know that means going back to their country?

[WeGuyGal 1,052]

1 hour ago, az2014 said:

They are on a B2, the purpose of visit when asked at the POE was pleasure/tourism, you know that means going back to their country?

Not uncommon for India parents to AOS on a B2; somewhat easier and less hassle than CP, and thus the allure to exploit the b2 to AOS loophole. 

[Vic99 0]

No overstay on B2. 

[WeGuyGal 1,052]

On 7/6/2018 at 6:02 AM, little immigrant said:

I suggest to have them go back home and get their documents in order while you file I-130 for your parents.

I second this