How strong is baby's birth certificate for evidence?

[grapenoodle 25]

Hi everyone, we are finally about to file our I-130 which will be a huge relief. I've seen some people say they have submitted call logs, timelines and all sorts. I've just followed the suggested list pretty much to the letter: marriage certificate, lease, photographs and an affidavit. Additionally, we have our son's birth certificate and his consular report of birth (as he was born in the UK). We have been married for 1.5 years now. Do you think the birth certificate will carry it? Is this enough evidence? Anyone who received an RFE, what was missing? Thank you

[JFH 12,191]

It’s pretty weak evidence - all it proves is that your reproductive organs work. Couples who can’t have or choose not to have children still can have a genuine marriage. 
 

Are you going through the London embassy? You don’t need to overdo it for evidence. Some copies of your boarding passes and passport stamps when you travelled to see each other, some photos, some communication, that should do it. 

Edited February 11, 2020 by JFH

[grapenoodle 25]

1 minute ago, JFH said:

It’s pretty weak evidence - all of proves is that your reproductive organs work. Couples who can’t have or choose not to have children still can have a genuine marriage. 
 

Are you going through the London embassy? You don’t need to overdo it for evidence. Some copies of your boarding passes and passport stamps when you travelled to see each other, some photos, some communication, that should do it. 

Of course, definitely didn't mean to offend. Just a bit wild that babies could be born out of a fraudulent marriage lol, but I guess it does happen!

 

My husband is currently visiting family in the US with our son so he is going to mail it to the lockbox before they come back. He doesn't have any sort of UK resident permit so I don't think we could have done it from here. Great idea to scan the passports, thanks!

[JFH 12,191]

1 minute ago, grapenoodle said:

Of course, definitely didn't mean to offend. Just a bit wild that babies could be born out of a fraudulent marriage lol, but I guess it does happen!

 

You’d be surprised...

[Hank_ 9,174]

20 minutes ago, grapenoodle said:

Hi everyone, we are finally about to file our I-130 which will be a huge relief. I've seen some people say they have submitted call logs, timelines and all sorts. I've just followed the suggested list pretty much to the letter: marriage certificate, lease, photographs and an affidavit. Additionally, we have our son's birth certificate and his consular report of birth (as he was born in the UK). We have been married for 1.5 years now. Do you think the birth certificate will carry it? Is this enough evidence? Anyone who received an RFE, what was missing? Thank you

 

Birth certificate (CRBA) is listed as good evidence on the USCIS website.

 

 

Edited February 11, 2020 by Hank_

[JFH 12,191]

29 minutes ago, Hank_ said:

 

Birth certificate (CRBA) is listed as good evidence on the USCIS website.

 

 

No, it’s not. It’s not listed as ”good evidence”. The I-130 instructions on the USCIS website make no differentiation between “good” or “bad” evidence. The actual wording is:

 

NOTE: In addition to the required documentation listed above, you should submit one or more of the following types of documentation that may prove you have a bona fide marriage:

 

Note the use of “may prove” (emphasis my own). The very next thing on the list after birth certificates is affidavits from friends and family and we all know how little weight they carry...

 

Birth certificates are listed as examples of evidence that may help strengthen your case. But they are certainly not described as “good evidence”. 
 

Our I-130 was approved and my visa was issued without an RFE or a 221(g) and we have no children and won’t be having any either. 

[Hank_ 9,174]

Whatever ~  

 

It is good evidence, same as a lease, deed, joint bank ....  So you tell me what evidence you provided that wasn't on the below list to provide evidence of your bona fide marriage.

 

 

 In addition to the required documentation listed above, you should submit one or more of the following types of documentation that may prove you have a bona fide marriage:

•  Documentation showing joint ownership of property;
•  A lease showing joint tenancy of a common residence, meaning you both live at the same address together;
• Documentation showing that you and your spouse have combined your financial resources;
•  Birth certificates of children born to you and your spouse together;
•  Affidavits sworn to or affirmed by third parties having personal knowledge of the bona fides of the marital relationship. Each affidavit must contain the full name and address of the person making the affidavit; date and place of birth of the person making the affidavit; and complete information and details explaining how the person acquired his or her knowledge of your marriage; or
• Any other relevant documentation to establish that there is an ongoing marital union.

[Nat&Amy 623]

What matters is the totality of the circumstances. Are children birth certificates valid evidence? Sure, otherwise they wouldn't be in the list provided by USCIS. That said, they alone are probably not enough to prove bonafide marriage, just like affidavits from friends alone wouldn't be enough to prove bonafide marriage.

 

Now, combine both, add some evidence of financial comingling, and you're good to go. You can only show what you have, and as long as there is nothing suspicious to overcome, you should be fine with the list you shared.

Edited February 11, 2020 by Nat&Amy

[arken 4,197]

I would also say the child’s birth certificate is not enough by itself but it is a very good evidence especially if couples are living in separate countries something comparable to joint finances for couple within the US. So i suggest you include it along with the other evidenced you have.

Edited February 11, 2020 by arken

[katkoota 38]

4 hours ago, grapenoodle said:

Hi everyone, we are finally about to file our I-130 which will be a huge relief. I've seen some people say they have submitted call logs, timelines and all sorts. I've just followed the suggested list pretty much to the letter: marriage certificate, lease, photographs and an affidavit. Additionally, we have our son's birth certificate and his consular report of birth (as he was born in the UK). We have been married for 1.5 years now. Do you think the birth certificate will carry it? Is this enough evidence? Anyone who received an RFE, what was missing? Thank you

I submitted our daughter’s CRBA, a ton of photos (way more than this forum says is necessary) and boarding passes showing 3 separate trips (adding up to about 10 months of face time total) and our I-130 was approved without any RFEs.  I think you’re good to go!

[Orangesapples 1,954]

I think it's good evidence. If you also provide evidence of both parents taking care of the child and being involved parents, that's even stronger. 

[cyclone27 710]

Outstanding evidence -  it has more weight than you might think as bonifide relationship evidence. 👍👍👍

[SA M 7]

29 minutes ago, cyclone27 said:

Outstanding evidence -  it has more weight than you might think as bonifide relationship evidence. 👍👍👍

Agreed I used my daughters CRBA at interview and it really made things easier for me!