I130-RFE due to name on birth certificate

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My wife and I are citizens and I applied I130 for my father in law. The birth certificate of my wife's show her name as her maiden name along with her initials - just like the way we do it in India. I've got an RFE asking for additional documents to prove the father-daughter relationship. I can get many documents that is showing my wife's name along with his father, military records, ration card, marksheets etc. All these documents show my wife's maiden name. The RFE says affidavits are acceptable as long on as it can be established there is no other other

evidence is available. Is it ok to draft the affidavit to say that my wife's maiden name was such and such and then she got married to so and so etc?

The second part of RFE is asking to prove that child is born in wedlock. There is no marriage certificate available for her father. I see that this is a common RFE. Has anyone successfully contested it? If yes, what documentation did you show?

Any help is appreciated.


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Under U.S. immigration law, a father-child relationship generally must be "legitimate" or "legitimated" which generally means that the father was married to the mother before the child was born. The failure to establish this requirement will generally result in a denial of the benefit requested.

One may wish to consult with an experienced attorney for specific advice.

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  • 2 years later...


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