I was born out of wedlock - IR5 visa

[Ck207 35]

So, I found out today in the process of submitting IR5 visas for my mom and dad, that I WAS BORN out of WEDlock. I was shocked. They have me and did not register for marriage certificate till 2010. 

 

So here is my question. What do I need to submit with my paper work? Will there be a chance that he will get denied? 

[geowrian 22,338]

They may or may not request a DNA test if they are not convinced that the beneficiary is a biological parent. They look at the various factors involved and available to them - birth certificate, marriage status, etc.

Edit: Shouldn't be an issue for the mother as the BC should be clear, but not so much for the father in every case.

Edited July 11, 2019 by geowrian

[USS_Voyager 1,972]

I agree, for mother, no problem since it’s pretty obvious from whom you came out of. 

 

For father, they may require additional evidence (maybe extra photos, letters, emails,... or up to a DNA test as the last option). There is nothing much you can do right now, except may be start gathering evidence that prove your relationship between you and your father, the more the better. 

 

Does your birth certificate list your father as your father? They’re supposed to take the birth certificate as prima facie evidence (from a reliable country, which I think Vietnam is) so that is some relief.

[Ck207 35]

20 minutes ago, USS_Voyager said:

I agree, for mother, no problem since it’s pretty obvious from whom you came out of. 

 

For father, they may require additional evidence (maybe extra photos, letters, emails,... or up to a DNA test as the last option). There is nothing much you can do right now, except may be start gathering evidence that prove your relationship between you and your father, the more the better. 

 

Does your birth certificate list your father as your father? They’re supposed to take the birth certificate as prima facie evidence (from a reliable country, which I think Vietnam is) so that is some relief.

Yes I will submit also my birth certificate. His name is on it. I have bunch of picture of us when I was a little till now, I sent him money from the US. My school reports through years have his name on it. 

In Vietnam, we also have house-book for every household and his name is also on it. 

That’s all I have.

 

Do I submit all of it now with my package or wait till it get approve and send back to the NVC?

[geowrian 22,338]

As long as he is the biological father, worst case is it just a matter of time and documentation. You'll get there.

 

It might not be a bad idea IMO to include evidence with the I-130. I wouldn't do the DNA test unless they specifically request it.

[USS_Voyager 1,972]

5 minutes ago, geowrian said:

 

 

It might not be a bad idea IMO to include evidence with the I-130

 

I agree, the only thing is if all that stuff is included with the I-130, they have to be translated into English. That’s a lot of work or money. I think she can get through the I-130 and the NVC just fine, but definitely need to bring a boatload of evidence to the interview.

[USS_Voyager 1,972]

52 minutes ago, Ck207 said:

Yes I will submit also my birth certificate. His name is on it. I have bunch of picture of us when I was a little till now, I sent him money from the US. My school reports through years have his name on it. 

In Vietnam, we also have house-book for every household and his name is also on it. 

That’s all I have.

 

Do I submit all of it now with my package or wait till it get approve and send back to the NVC?

 

Excellent. As mentioned above, I think you will get through USCIS and the NVC just fine. For the I-130 I think as long as you submit your BC, your parents’ marriage certificate and any previous divorce decree if either one of them were married, you’ll get approved.

 For the NVC, just more standard documents that they ask for such as police certificate (lý lịch tư pháp số 2), I-864, tax transcripts, that sort of things.

 

They will need to bring all the other stuff to the interview. If you have the receipts for the money you sent him, that’s great. I used moneyGram to send my mom money and they actually can send you a record over the last 10 years or something (it costs like $200). I also used the v247 phone to call my mom (I’m Vietnamese too, btw) and they can print out call logs for the last 5 years or something which is fantastic. 

 

Anyway, I think you will be fine. Good luck!

[Ck207 35]

Thank you so much. Another question: do you know how long is the wait now for IR5 to be approved?

[jskibo 588]

1 minute ago, Ck207 said:

Thank you so much. Another question: do you know how long is the wait now for IR5 to be approved?

11-14 months

[USS_Voyager 1,972]

On 7/12/2019 at 10:34 AM, Ck207 said:

Thank you so much. Another question: do you know how long is the wait now for IR5 to be approved?

I-130: 8-12 months

NVC: 2-4 months

Interview: usually 1-2 months after documentarity qualified.

 

If you can, go to the interview with them. I think HCMC Consulate is one of those that if he petitoner comes, you’ll get brownie points.

 

 Normally, for parents, you don’t have to. But with this out of wedlock thing, maybe a good idea.