PR Father petitions for minor illegitimate child, but got an RFE for proof of legitimacy?

[pritong_talong 0]

Hello,

 

I'm a permanent resident father who filed the I-130 to petition my out-of-wedlock child who is under 18 and currently lives in the Philippines. To prove my paternity, I submitted the child's birth certificate (that has my name on it, as the father), and several documents to prove that we have a bona-fide father-child relationship (e.g. remittance receipts, photos, letters/correspondences, etc).  Two weeks later, I received a Request For Evidence form that says I now have to submit a marriage certificate to prove the legitimacy of my child, which is not currently possible. This does not make any sense to me as I believe that paternity can be established by simply providing evidence that I'm taking care of my child's welfare. Is there something I missed? Any help would be greatly appreciated!

 

Thank you.

[SalishSea 17,835]

On 3/14/2021 at 4:00 PM, pritong_talong said:

Hello,

 

I'm a permanent resident father who filed the I-130 to petition my out-of-wedlock child who is under 18 and currently lives in the Philippines. To prove my paternity, I submitted the child's birth certificate (that has my name on it, as the father), and several documents to prove that we have a bona-fide father-child relationship (e.g. remittance receipts, photos, letters/correspondences, etc).  Two weeks later, I received a Request For Evidence form that says I now have to submit a marriage certificate to prove the legitimacy of my child, which is not currently possible. This does not make any sense to me as I believe that paternity can be established by simply providing evidence that I'm taking care of my child's welfare. Is there something I missed? Any help would be greatly appreciated!

 

Thank you.

None of those things are evidence of biological paternity.  You may need to find out from the consulate if you could do a DNA test.

[SusieQQQ 11,586]

35 minutes ago, Jorgedig said:

None of those things are evidence of biological paternity.  You may need to find out from the consulate if you could do a DNA test.

I believe the question here is about legitimation rather than establishing paternity. They are separate issues,  however I am only familiar with legitimation in the context of passing on citizenship so not sure why it is also needed here, possibly something to do with assumed parental rights (or lack thereof) of unwed fathers in the Philippines. 

 

FYI the kinds of factors OP mentions are listed somewhere in the FAM as proof of establishing bona fide relationship with child.