Complicated case - spouse without father

[ldzawa]

My husband (Indian) and I (Canadian) have been preparing our application for the past few months.

This is a pretty specific question and I imagine few people having similar experiences, but perhaps some of you might have insights: My husband does not have a father. His father left his mom and him only a few months after he was born, so he has never met him and doesn't even know his name. The name of his father on all of his documents (passport, drivers license etc.) is in fact his uncle's. There is no documentation whatsoever of who his biological father is and what had happened between his father and mother. Back then, marriage/divorce certificates were not a thing that people cared about.

On all of his forms, we had put his uncle's name as his father's since that's supported by all of his documents. However, we're slightly worried that this will be a problem later, especially given that we have very few pictures with his uncle...

The question is, should we get an affidavit explaining the issue? Or, will it complicate our application more? I'm thinking that CIC might ask for documents (marriage/divorce certificate) that we would have no means of obtaining.

Thank you very much in advance!

 

[keesio]

On all of his forms, we had put his uncle's name as his father's since that's supported by all of his documents. However, we're slightly worried that this will be a problem later, especially given that we have very few pictures with his uncle...

Assuming you didn't mail out the application yet, please fix the application so that for the father, he puts in "unknown" instead of his uncle's name. Otherwise he is basically putting in false information. And for the confusion in the documents, it needs to be explained somehow. Maybe advice from a good lawyer would be best.

What is on your husband's birth certificate?

 

[ldzawa]

Thanks for the prompt response!

Yep, we haven't mailed out the application yet - it'd take another 2-3 weeks before it'd be ready.

His uncles name is stated on all of his documents, birth certificate included.

 

[screech339]

That may present a problem since the official documents falsely claim that your uncle is your father. Not sure how CIC will handle this. It is not like you were falsifying the documents yourself. Someone falsified them, either the Indian officials did or one of the husband's relatives by naming the wrong father on purpose.

It is definitely a unique complicated problem. I think I would go with kessio's suggestion and list father as unknown and submitted documentations to support that the father listed in documentations was in fact your uncle and why his name was listed instead of your real biological father.

 

[ldzawa]

Thanks!

It was definitely on purpose as all Indian documents require name of father so they don't have an option of putting "none". And since the family didn't want anything to do with his biological father and vice versa, they opted to remove him from the picture entirely.

I definitely feel more comfortable with listing the father as unknown but I'm not sure what official documentations we can provide to prove that, other than an affidavit.

 

[Cedeel]

Perhaps a notarized letter from his mother attesting that the information was falsified?

 

[ldzawa]

Thanks Cedeel! Indeed, the information had been "falsified" from the very beginning.

I think the best bet for us is to inquire an immigration lawyer for a peace of mind.

 

[canuck_in_uk]

Thanks Cedeel! Indeed, the information had been "falsified" from the very beginning.

I think the best bet for us is to inquire an immigration lawyer for a peace of mind.

I don't believe that a lawyer is necessary. It wasn't your husband that falsified the documents, so it isn't his fault. An affidavit from his mother explaining why she did that should be fine.

 

[Gemini020]

I think I'm in a similar situation, although the man on my birth certificate did actually raise me, but is not my biological father. Personally I think that whoever is on your birth certificate is considered the (legal) father. There is no documentation of this other man being my father and other than biologically, there is no other way he is. Life (or visa application) is complicated enough without considering the chance of the legal father not being the "real" father.

 

[ldzawa]

Gemini020, I agree entirely.

My husband's situation is pretty much the same. His aunt (mom's eldest sister) and the aunt's husband (the uncle on his birth certificate and all other documents) are the ones who raised him till he left for university. Growing up, he stayed with his mom once a week (every Sunday) and only started living with her permanently when he completed his studies and returned to his hometown. The biological father was never on any documentation. And this is never a topic of discussion in the extended family.

Thanks again for the suggestion, canuck! I will forgo the lawyer option and just go straight for a notarized affidavit from his mother and the aunt/uncle foster parents explaining what had happened.

My only worry at this point is that CIC will give us trouble because we can't provide any documentation of the story other than an affidavit.

 

[keesio]

I think I'm in a similar situation, although the man on my birth certificate did actually raise me, but is not my biological father. Personally I think that whoever is on your birth certificate is considered the (legal) father. There is no documentation of this other man being my father and other than biologically, there is no other way he is. Life (or visa application) is complicated enough without considering the chance of the legal father not being the "real" father.

That's fine for your own sentiments. But unless that man legally adopted you, CIC will not accept him as your legal father. Sure you can say how will CIC ever know. But you are basically knowingly committing misrepresentation.

 

[Gemini020]

yes, that man is legally my father, has always been so too (says so on my birth certificate) and was also married to my mother for much longer than my life time. The other man was basically a sperm donor. In that sense it is a little different that the situation described by Idzawa.

 

[keesio]

yes, that man is legally my father, has always been so too (says so on my birth certificate) and was also married to my mother for much longer than my life time. The other man was basically a sperm donor. In that sense it is a little different that the situation described by Idzawa.

Yes that is completely different if he is your legal father.

 

[Gemini020]

Thanks for confirming that, all little things worry me in this application process.

In the case described by Idzawa the uncle is legally the father though, he's on the birth certificate. At least that's what I think is legal fatherhood. Although him being related to the mother might make it complicated but I think there are cultures where that's accepted so shouldn't be too much of an issue. Then there is the lack of marriage or even relationship between the parents, I can't say if that would be an issue if they find out.

 

[keesio]

In the case described by Idzawa the uncle is legally the father though, he's on the birth certificate.

NO. They (mother) basically lied and had the uncle's name on the birth certificate. So that birth certificate is actually an invalid one. You can't just put false information on a legal document and then claim that it is true. Otherwise anyone can put anything on a document and say it is legally binding. This will definitely NOT fly with CIC.