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Sanjay Kumar

GC for my Father..No Marriage Certificate

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I am applying GC for my father who is currently in India. My Birth of certificate shows his name and my mother name. However,  i don't have the marriage certificate and my mom passed away so I cannot get the marriage certificate in any case. 

What are my options?  Thanks in advance for all the help.

 

 

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18 hours ago, Sanjay Kumar said:

I am applying GC for my father who is currently in India. My Birth of certificate shows his name and my mother name. However,  i don't have the marriage certificate and my mom passed away so I cannot get the marriage certificate in any case. 

What are my options?  Thanks in advance for all the help.

 

 

To establish a father-child relationship for a child born in wedlock, a marriage certificate of the parents, or equivalent evidence of marriage, is required, even if the parents are no longer married. I don't know about the procedures to get a marriage certificate in India, but it seems that the legal fact that they were married at some time in the past should be possible to establish somehow.

For a child born out of wedlock, you would need evidence that you were either legitimated (e.g. by marriage of parents after birth, or some other legal process in your place of residence) before you turned 18 or evidence that you had a bona fide relationship with your father before you turned 21.

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That is not necessary. If the birth certificate does not mention your name and your parents name, they will give you the option of spending about 300 USD on a paternity DNA test should they desire. The Marriage certificate for your DAD is irrelevant since your Mom expired. And Yes, I recently applied for one parent, the other being dead and no question of Marriage certificate came up and now my parent is a GC holder. That was in the recent past.

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1 hour ago, pontevecchio said:

That is not necessary. If the birth certificate does not mention your name and your parents name, they will give you the option of spending about 300 USD on a paternity DNA test should they desire. The Marriage certificate for your DAD is irrelevant since your Mom expired. And Yes, I recently applied for one parent, the other being dead and no question of Marriage certificate came up and now my parent is a GC holder. That was in the recent past.

On what legal basis do you claim it is not necessary? 8 CFR 204.2(f)(2)(i) says:

Quote

 

(2) Evidence to support a petition for a parent. In addition to evidence of United States citizenship as listed in § 204.1(g) of this part, the petitioner must also provide evidence of the claimed relationship.

(i) Primary evidence if petitioner is a legitimate son or daughter. [...] If a petition is submitted on behalf of the father, the birth certificate of the petitioner, a marriage certificate of the parents, and proof of legal termination of the parents' prior marriages, if any, issued by civil authorities must accompany the petition. If the father's name on the birth certificate has been legally changed, evidence of the name change must also accompany the petition.

 

Nowhere does it say that any of this evidence is not needed if the parents are no longer married or if the mother is deceased.

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