Urgent - request for evidence

[RFernandes]

Hi everybody, i need help. My daughter received, today, a Noa, I-797E (request for evidence), began like this:

"The petitioner, Jennifer XXXXXX, i seeking to establish the qualifying relationship based on the father/child relationship. It i not clear if the petitioner was born in wedlock. The such, the evidence submitted i not sufficient to establish eligibility attn this team. Therefore, the petitioner must submit the following;

1) Born in Wedlock: (...) If the petitioner was born in wedlock, submit (...)

2) Legitimation: If the petitioner´s natural parents were marrried after the child´s birth, but before child´s eighteenth birthday, submit (...)

(in this 2° topic, were questions also formulated to be answered, such as: where it happened the legitimation? under the law that country happens? if of the child or of the father? And that it dates? the child's age, in the occasion?, which the events that involved the legitimation? who had the custody of the child to the time?)

The last situation, in the which that I frame, was:

3) "Born Out of Wedlock: If the petition i submitted based on the father-child relationship and the child or son or daugther was born out of wedlock, the petitioner must submit proof of the parent-child relationship. see notices below."

It happens that I don't know if what that i have will be enough!!!

I have many receipts of bank deposits, in the years of 1999, 2000, 2001, 2002, 2003, 2004, 2005, 2006, destined to my daughter's costing, only that few of them appear my name as depositer, it only appears the name of the favored, in the case my daughter's mother name and, some on behalf of my daughter name, I don't know will be worth for some thing.

I have her birth certificate of Brazil, I don't know if it is important to order.

I have several pics of her with me, and some with the grandmother and grandfather when she was still small and few pics when she was a adolescent.

I have a CD with the filming of a trip that we made to NY when she had +/ 2 years of age, dont know if it is relevant, but I think about sending.

In the plus, it is what have, to send until the date of 29/01/2009.

I don't know if it is enough and tb if I should answer to the questions of the topic "legitimation", above, or only to worry in joining proof of evidence relevant to establishing the bona fide parent relationship.

If somebody in the Forum has suggestion on as I should answer or on the one that more I should make arrangements or to do in this stage of my process, please send me, with urgency.

tx to all...

 

[LucyMO]

I have her birth certificate of Brazil, I don't know if it is important to order.

did she NOT submit that with her application? are you listed as her father on it? how about a copy of the marriage certificate between you and her mother, showing that the child was born in wedlock? was she born in wedlock?

 

[Jane Green]

His daughter was born out of wedlock and now has I-130 pending for her father.

For her RFE she needs to submit evidence of valid parent/child relationship, proof that you supported her and showed continuing parental interest in her welfare.
Is your name on her birth certificate? She needs to submit a copy of it if she didn’t do it along with I-130.
Were you ever married to her mom at any time between her birth and before she turned 18?
Do you have letters, birthday/holiday cards to and from her? Find them, scan the envelopes.
Did you ever live together at the same address?
Receipts of deposits for her care are good. In her name, or her mom’s - doesn’t matter, send copies of all.
Do you have plane tickets from where you visited her in states? Or when she visited you in Brazil, if she did?
Make copies of all pictures you mentioned, with you, when she was small and when she's older.
BTW – she is 21 or older now and US citizen, right??
She petitioned for you, her father, so obviously you were always in her life and she just has to prove it.
Send as much as you can, just don’t send originals, send copies.
Good luck!

 

[LAland]

There have been cases when DNA tests are done when USCIS has doubt about the relationship between petioner and beneficiary. May be you should contact USCIS to see if you can have a test done in lieu of paperwork.

 

[RFernandes]

His daughter was born out of wedlock and now has I-130 pending for her father.

For her RFE she needs to submit evidence of valid parent/child relationship, proof that you supported her and showed continuing parental interest in her welfare.
Is your name on her birth certificate? She needs to submit a copy of it if she didn’t do it along with I-130.
Were you ever married to her mom at any time between her birth and before she turned 18?
Do you have letters, birthday/holiday cards to and from her? Find them, scan the envelopes.
Did you ever live together at the same address?
Receipts of deposits for her care are good. In her name, or her mom’s - doesn’t matter, send copies of all.
Do you have plane tickets from where you visited her in states? Or when she visited you in Brazil, if she did?
Make copies of all pictures you mentioned, with you, when she was small and when she's older.
BTW – she is 21 or older now and US citizen, right??
She petitioned for you, her father, so obviously you were always in her life and she just has to prove it.
Send as much as you can, just don’t send originals, send copies.
Good luck!

Hi Jane Green... Yes, my name is on her american birth certificate that i submited along with I-130. i also have her brazilian birth certificate, expedited from the brasilian consulate, in 1986, listing my name on it and informing that she was born in Brigdgeport ct.
I dont know if i shoud submit it.
No, i never married her mom.
yes, we did live together, 16 years ago, i haven´t prove of that.
I´ve receipts of deposits for her care good, as i said, but only few of then has my name as an deposited and her mom as a favored. i´m sending all! Do i have to translate it all??
i´ve many pictures, since she was a baby till her marriage date.
what is BTW??
yes she´s now 22 years old and marriged.
i´ve, also, her school record. My name is listed on it.
You think i´ll be ok?
tx

BTW – she is 21 or older now and US citizen, right??

 

[Jane Green]

There have been cases when DNA tests are done when USCIS has doubt about the relationship between petioner and beneficiary. May be you should contact USCIS to see if you can have a test done in lieu of paperwork.

Ok… but how will it help him??
If USCIS doubted biological relationship between petitioner and the beneficiary, then they would ask for such proof.
What they really want is to make sure he did not abandon his daughter and just recently resurrected in her life in order to derive immigration benefit out of her.
USCIS needs to see paperwork, a documented proof of actual continuous relationship and his financial support while she was young.

 

[Jane Green]

Yes, my name is on her american birth certificate that i submited along with I-130. i also have her brazilian birth certificate, expedited from the brasilian consulate, in 1986, listing my name on it and informing that she was born in Brigdgeport ct.
I dont know if i shoud submit it.
No, i never married her mom.
yes, we did live together, 16 years ago, i haven´t prove of that.
I´ve receipts of deposits for her care good, as i said, but only few of then has my name as an deposited and her mom as a favored. i´m sending all! Do i have to translate it all??
i´ve many pictures, since she was a baby till her marriage date.
what is BTW??
yes she´s now 22 years old and marriged.
i´ve, also, her school record. My name is listed on it.
You think i´ll be ok?
tx

You see, if she had and submitted her birth certificate along with the marriage license between her biological papers (same people whose names on her BC), then everything would be much less complicated and no more proof needed.
But - Since you and her mom were never married, USCIS wants to make sure you did not abandon her and, indeed, eligible for the benefit you seeking – legal immigration to US.
The more proof you have of continued – over many, many years in a row, support and relationship, the better. Everything you can think of with yours and her names on it and/or address. Your proof of financial support is the best evidence, along with her birth certificate. If they already have her American BC on file, submitted with I-130, then maybe you don’t need to send a Brazilian one, to confuse them..
And yes – you have to translate everything that is not in English before sending in with RFE. Make a copy of each document and send with attached translation, certified (that it is a true translation of the original) and notarized.
Also, since she is married now and possibly has a different last name then one on her birth certificate – she needs to submit a copy of her marriage certificate as well.
It is a good idea for her to write a cover letter with a list of all documents submitted, when sending everything back to USCIS. When assembling RFE package she must put USCIS I-797E notice on top, then her letter, then the additional evidence, in order of importance.

BTW stands for “by the way”. I just wanted to double sure your daughter is over 21 and US citizen.
BC – birth certificate
RFE – request for additional evidence

 

[RFernandes]

And yes – you have to translate everything that is not in English before sending in with RFE. Make a copy of each document and send with attached translation, certified (that it is a true translation of the original) and notarized.
Also, since she is married now and possibly has a different last name then one on her birth certificate – she needs to submit a copy of her marriage certificate as well.

Today i sent to my daugther more than 60 receipt of deposits (do i´ve to translate all of than?($$)), and more than 20 pics of her and i, some those took whem she kid, adolescent, and pics of her marrige day. She also has a school record which liste my name on it. Do you think i´ve chance which those docs.
tx.