However, the documentation submitted must provide evidence of the transition from one name to the next.
I-730s: Has a decision been made regarding the recognition of Colombian domestic
partnerships as valid marriages for I-730 purposes? (This issue was raised in the 6/29/06
teleconference with reference to a pending I-730; the teleconference answer was incorrect since
the referenced case is actually still pending at NSC.)
Answer: We have some pending at this time. Our legal counsel is reviewing the issues and corresponding with Colombia to review the law. To assure that this case is one of them, please provide the LIN receipt number.
I-730s: Some CBOs have gotten RFE letters that indicate the petitioner has failed to
list his/her beneficiary on a prior immigration application (i.e., the I-590, I-589, and/or I-485) – when the beneficiary is a stepchild, not a biological child. None of these prior applications indicate that stepchildren (along with biological children) should be listed, so most applicants do not list stepchildren, although some CBOs err on the side of listing these children on I-485s.
Why should an I-730 examiner even ask this in a RFE letter?
Answer: An RFE is completed because some children are listed and some are not. The form does not differentiate between step or biological children. It merely instructs the applicant to list all children. An additional reason for the RFE is that different information is needed for different types of children. In the RFE we will ask for specific documentation to establish the relationship according to immigration law.
We have a client who is a refugee of the Democratic Republic of Congo who wishes to
bring his wife to the U.S. We are in the process of preparing an I-730 petition. Unfortunately, their marriage certificate and any other relevant documents that show proof of marriage (which took place in Congo) were all lost or destroyed when my client’s home was invaded before he fled his country. In the Q&A from the NSC teleconference from February of this year, the NSC indicates that adjudicators rely heavily on the Foreign Affairs Manual when determining what documents are required as evidence of the relationship. The FAM Visa Reciprocity Schedule for the Democratic Republic of Congo shows that marriage certificates are available, although the 2005 State Department Country Report on Human Rights practices shows that government control of the country remains weak and that the human rights record remains poor, including numerous unlawful killings by security forces, arbitrary arrest and judicial corruption. It seems as though it is impossible for the petitioner to acquire legal evidence of his marriage. If the only legal evidence of the marriage has been destroyed and there is no way for the petitioner to obtain replacement of the evidence, how open will the NSC
be to accepting affidavits and secondary evidence as proof of the marriage?
Answer: A majority of I-730s are accompanied by documents. While it is unfortunate that the documents were destroyed at the house, replacement documents should be available from the civil authority in the prospective country.
I-730: The processing date listed as of 9/21/06 for these applications is 12/26/05. This
seems to be a change for the worse as the processing times seemed to have improved to six or