May 2020 I-130 Filers (Parents of USC / IR5)

[SusieQQQ 11,586]

14 minutes ago, jamburger said:

I got an update (online) on my petitions for my parents (roughly about 2 months after applying). It’s an RFE because I did not have a birth certificate (I submitted “non availability certificate” and 2x “affidavit by parent”, which obviously wasn’t enough).

 

The RFE suggesting submitting DNA evidence.  My parents live in Vancouver, Canada and I live in Seattle. I see there are approved DNA labs near us. But given the border closures we all can’t get tested at the same place. 

 

Does anyone know how this works? How do we coordinate the testing, confirm relation and submit evidence?

 

Thanks for your help.

Yes, the labs do this all the time where one relative is in the US and one in a different country. Contact the accredited provider you want to use http://www.aabb.org/sa/facilities/Pages/RTestAccrFac.aspx and they will explain how it will be done in your case. Your provider will have associate labs elsewhere. Generally the lab your parents use will send their results direct to the US lab, who does the analysis comparing to your test, and then submits the results directly to uscis with a copy to you. Be prepared for sticker shock.
 

 

Edited July 10, 2020 by SusieQQQ

[jamburger 5]

I received RFE to submit secondary evidence to establish biological relationship. Passport is in the list of secondary evidences. I have an old passport (now expired) from my birth country that has both my parents' name on it. Is that typically enough as secondary evidence? If yes, what is the best way to send that evidence (should I notarize a copy of that passport page)?

[onek 306]

22 hours ago, jamburger said:

I received RFE to submit secondary evidence to establish biological relationship. Passport is in the list of secondary evidences. I have an old passport (now expired) from my birth country that has both my parents' name on it. Is that typically enough as secondary evidence? If yes, what is the best way to send that evidence (should I notarize a copy of that passport page)?

Can you upload the RFE or exact text of the RFE to see what exactly they are requiring? 

[jamburger 5]

Here is the RFE text for mother's petition:

 

DNA TESTING
You submitted a 'Non Availability Certificate of Birth' for XYZ. However, the
beneficiary's name is not on this document.
It is recommended that XYZ and ABC undergo voluntary DNA testing in
order to establish a biological relationship. Participants are responsible for all DNA testing costs and
must comply with all of the testing procedures described below.
DNA testing must be performed by a laboratory accredited by the American Association of
Blood Banks (AABB). A list of accredited laboratories can be found on the AABB
website: http://www.aabb.org/sa/facilities/Pages/RTestAccrFac.aspx
Only DNA test results from an AABB accredited laboratory will be accorded any weight.
If the laboratory is mailing the DNA collection kit to a Consulate/Embassy overseas, they must
include a copy of this notice.
The laboratory must mail the results directly to our office along with a copy of this notice.
If the laboratory is unable to mail the results to our office within 84 days, you must submit
evidence from the laboratory to show DNA testing has been initiated.
Participating in DNA testing does not exempt you from submitting all other requested evidence
within 84 days.
Participating in DNA testing does not guarantee approval of the petition.
If there is no response to this notice within 84 days, your petition may be denied for
abandonment.
If you choose not to participate in DNA testing, you must explain why you choose not to participate.
You must also submit secondary evidence in support of the claimed relationship. See Secondary
Evidence below.
Secondary Evidence
The best evidence for establishing a biological parent-child relationship are records that were issued
close in time to the events they are documenting and include both the parent’s and the child’s names.
This may include, but is not limited to:
Medical records (immunization record);
Church records (baptismal certificate);
School records (report cards, transcripts);
Insurance records;
Employment records;
Financial records (tax returns, money orders);
Residence records showing that the parent and child lived together;
Census or tribal records;
Government records (passports, identification documents);
Family photographs (indicate the date, the place and the persons in each photo); or
Correspondence with envelopes showing dates and both the parent’s and child’s names

 

 

 

Affidavits
You may submit two or more affidavits by persons who are not parties to this petition and who have
direct personal knowledge of the birth. However, please be aware that affidavits submitted without
any of the above secondary evidence will not be accorded any weight, unless you establish that such

secondary evidence is unavailable. Further, affidavits will only be accorded minimal probative weight
unless they are accompanied by other independent and objective evidence that corroborates the
affiants’ statements. Finally, each affidavit must include:
The full name and address of the affiant;
The date and place of birth of the affiant;
The relationship between the affiant and parties to this petition; and
Complete details concerning how the affiant acquired knowledge of the event

[jamburger 5]

RFE text for father's petition:

 

CERTIFICATE OF NON-EXISTENCE
When a birth document is unavailable or non-existent, the petitioner must submit a statement from the
appropriate civil authority indicating that the birth certificate is not available or does not exist. When
such statement is submitted, the petitioner is required to submit secondary evidence to establish the
individual’s biological parentage. You have submitted such a statement for your birth. Accordingly,
you are required to submit secondary birth evidence for you to establish a biological relationship.
Secondary Evidence
The best evidence for establishing a biological relationship are records that were issued close in time to
the events they are documenting and include both the parent’s and the child’s names. This may
include, but is not limited to:
Medical records (immunization record);
Church records (baptismal certificate);
School records (report cards, transcripts);
Insurance records;
Employment records;
Financial records (tax returns, money orders);
Residence records showing that the parent and child lived together;
Census or tribal records;
Government records (passports, identification documents);
Family photographs (indicate the date, the place and the persons in each photo); or
Correspondence with envelopes showing dates and both the parent’s and child’s names
Affidavits
You may submit two or more affidavits by persons who are not parties to this petition and who have
direct personal knowledge of the birth. However, please be aware that affidavits submitted without
any of the above secondary evidence will not be accorded any weight, unless you establish that such
secondary evidence is unavailable. Further, affidavits will only be accorded minimal probative weight
unless they are accompanied by other independent and objective evidence that corroborates the
affiants’ statements. Finally, each affidavit must include:
The full name and address of the affiant;
The date and place of birth of the affiant;
The relationship between the affiant and parties to this petition; and
Complete details concerning how the affiant acquired knowledge of the event.
Optional DNA Testing
You and the beneficiary may undergo voluntary DNA testing. If you choose to undergo DNA testing,
you must comply with all testing procedures described below.

[jamburger 5]

Is it possible to respond to RFE online? I understand that the DNA test results will be sent to USCIS directly, but how about my response to the RFE and secondary evidences, can they be submitted online?

[gomesren 3]

Hi! Im filling a i130 form but have some questions:

1, do you guys know if, since i wasnt previously married, i can put zeros on the previous marriage end date? or leave it blank?

 

2. since on my passport theres no middle name, only given names and last name, should i do the same on the form?

 

thank you!

feeling up without a lawyer is not easy

[onek 306]

10 minutes ago, gomesren said:

Hi! Im filling a i130 form but have some questions:

1, do you guys know if, since i wasnt previously married, i can put zeros on the previous marriage end date? or leave it blank?

 

2. since on my passport theres no middle name, only given names and last name, should i do the same on the form?

 

thank you!

feeling up without a lawyer is not easy

1. Leave it blank 

2. leave it blank 

[gomesren 3]

1 minute ago, onek said:

1. Leave it blank 

2. leave it blank 

No N/A either?

thank you

[onek 306]

17 minutes ago, jamburger said:

Is it possible to respond to RFE online? I understand that the DNA test results will be sent to USCIS directly, but how about my response to the RFE and secondary evidences, can they be submitted online?

You can upload the RFE online and mail a copy as well

[onek 306]

5 minutes ago, gomesren said:

No N/A either?

thank you

You may put “N/A” 

[Vzla90 25]

Hi everyone,

 

Last night I received the approval for my dad’s case. I already has all the information to start the process with NVC. 

 

The only issue now is to add a derivate to the application. The system doesn’t give me the option. I sent an email to them today, so, I might have to wait for next week for an answer. 

[SusieQQQ 11,586]

3 hours ago, Vzla90 said:

Hi everyone,

 

Last night I received the approval for my dad’s case. I already has all the information to start the process with NVC. 

 

The only issue now is to add a derivate to the application. The system doesn’t give me the option. I sent an email to them today, so, I might have to wait for next week for an answer. 

You can’t add a derivative to an IR5 case.

[Rachel&Mommy 56]

Hello everyone, I need some help

 

Just log on to see if there was anything new on my mother's cause just to find out they emailed me a RFE on January 23 which I haven't received yet but was able to download.

 

It is because my birth was registered 3 years after I was born which is completely normal in my country..

 

Has anybody had this issue, what should I send them?

[jamburger 5]

On 5/4/2020 at 3:37 PM, jamburger said:

Hello, I am starting a thread to track I-130 for parents filed in May 2020. Please join the conversation and share your journey/process.

 

I filed I-130 (with Consular processing) for both my parents online today, May 4th, 2020. Got IOE receipt numbers immediately. 

I-130 applications for both my parents got denied due to lack of evidence for biological relationship. I couldn't get DNA test completed due to US embassy closures due to Covid. I want to apply again. Is there a way to proactively get DNA tested and get a document as evidence and submit that along with the application instead of waiting for RFE? I am worried they might deny outright without RFE and opportunity to submit DNA test this time.