485 RFE for spouse. 2 issues!!

S

srikanthsiva

Registered Users (C)
The 2 issues are:

1) Did not submit birth cert (used consular verfication which was not accepted)

2) Show that marriage is bona fide because we live in different addresses.

Issue1:
I managed to get the birth cert for spouse but it was too late when we got it so we submitted 485 without spouses BC. Now we will submit her BC but her name is not on the BC and her DOB is written as 7/24/76 instead of 7/22/76. Preparing 3 affidavits for this. 2 from parents and 1 from uncle to verify that her parentage and correct DOB. Also including school leaving certificate (yet to get)

Issue2:
Not a problem. Only reason diff address because we live in different states (job reasons. 2 hours drive from each other). Just have to show joint tax returns/insurance cards/joint property ownership/joint bank accounts/kid's birth certificate (1st kid will be born within a week:)

Any inputs anyone?
 
It is advised to maintain one address for family (As per my lawyer and many friends who passed through this..)
I was in the same situation and after receiving the RFE for the same reason,
I changed the address and filed AR-11.
It is just less headache of tracking the mail at two places as well explaining to the INS
 
I agree with Kshitij,

You must maintain only one family address, I don't see any reason why you should receive immigration related mails at two different addresses. Now when you are on this boat I agree with you that you should submit all of the evidence that you can to prove that your's is a bonafied marriage ... as you rightly mentioned Insurance cards / Joint Tax returns (this is most important), and other items which show your names jointly. You MUST consult a lawyer for this as it is a serious issue.

For birth certificate, do whatever you have to but the date as mentioned in the birth certificate must match with the date in 485 petition, otherwise it is considered as a big time fraud.

Thanks
 
non availability cert

Guys,

Since the date on BC is not the same as her real DOB, should i try to get non availability certifcate? As mentioned, the dates are off by 2 days. All her other documents say July 22, which is the correct date but BC says July 24th....what do i do here?

Can i get non availability cert since there is a record?
 
For Issue 1) Do not submit the Birth Certificate that you have received from back home
Instead ask the authorities in India to re-issue the birth certificate as per the DOB in the passport

Anything is possible there so obtain a new birth certificate
For any RFE there is normally 90 days to respond so you should be able to manage the birth certificate within this time

Even one has to make a trip there to move things fast I think its worth.


or You might be able to use this service. But again DO NOT SUBMIT the Birth Certificate with Incorrect date

http://www.yourmaninindia.com

Here the mind set of CIS officers is very different and I am sure that they will not accept any supporting affidavits with Incorrect BC !
 
NA Birth Certificate

srikanthsiva,

I think getting Non Availability of Birth certificate is better idea than giving the one which has got wrong information. Ofcourse you need to add affidavits alongwith NA birth certificate for the proof.

I got it for myself from India. Since your wife is from India and I guess you can try to manage to get the same.
 
Kshitij said:
For Issue 1) Do not submit the Birth Certificate that you have received from back home
Instead ask the authorities in India to re-issue the birth certificate as per the DOB in the passport

Anything is possible there so obtain a new birth certificate
For any RFE there is normally 90 days to respond so you should be able to manage the birth certificate within this time !
Click to expand...

If you have the birth record, they will not issue birth cert. with different DOB. They go by their records. Anything is possible in India but sometimes you meet honest people as well and sometimes it might be too risky for them to change the documents as it will be considered fraud and they can lose their GOVERNMENT job.


GCdeewana said:
srikanthsiva,
I think getting Non Availability of Birth certificate is better idea than giving the one which has got wrong information. Ofcourse you need to add affidavits alongwith NA birth certificate for the proof.
I got it for myself from India. Since your wife is from India and I guess you can try to manage to get the same.
Click to expand...

was your birth record present in their registers. If yes, then you were lucky (and Influential) otherwise they will not issue the Non Availability of Birth certificate. Lot of people here had the same problem.


srikanthsiva,
Here is my suggestion. You can try what GCdeewana and Kshitij have suggested. You might get lucky. BUT do not completely depend on it.
Talk to the lawyer as well and see what he suggest and take appropriate action. The RFE clock is ticking, so keep all the options open.
 
Address for previous 5 years

What should I do if the addresses are more than the lines provided on the forms, or did you have similar trouble--not nessarily for this item when you filled out the forms?

Thanks for your reply.
 
I faced the same situation. My DOB was different on the Birth Cerificate than the one on all other documents. Difference was of 1 day. (DOB cert has 07/11, correct is 07/10). I submitted the certificate along with 2 affidavits from my parents stating that the correct DOB is 07/10 and the one on the cert. was a clerical error. This worked for me, as I was approved in June, 05.

Here is the affidavit format I used:

AFFIDAVIT FROM <FATHER NAME> FOR BIRTH


I <father name>, being duly sworn on the _______day of ____________ , 2003, depose and say that:

1. I am xx years old and reside at xxxxxxxxxxxxx.

2. I am the father of <485 applicant>.

3. <485 applicant> was born at xxx, xxxxx.

4. His date of birth is written as 07/11/19xx in the certificate issued by the Local Registrar, Birth and Death, xxxxxx against registration No. xx, dated 07/12/19xx due to a clerical mistake.

5. I failed to take notice this mistake because the Date of Birth certificate was not needed before and it was only first issued on <issued date>.

6. The correct date of birth of my son <485 applicant> is 07/10/19xx (July Ten Nineteen hundred xxxx xxx) as per his passport, school certificate, college certificate and also as per my memory.

7. <485 applicant> is the son of <mother name>, my wife.

I declare under penalty of perjury under the laws of the United States of America that the foregoing is true and correct.

______________________ _________________________
(<FATHER NAME>) (Signature/Seal of The Notary)

Date:________________ Date:__________________
 
jnpr said:
What should I do if the addresses are more than the lines provided on the forms, or did you have similar trouble--not nessarily for this item when you filled out the forms?

Thanks for your reply.
Click to expand...

Write "see addendum, page xx" in the column and write the contents on extra sheet and attach it with the application. This is what my lawyer did, when he filed my H1
 
Question?

1)Since ONLY my 485 has been approved, what is the status of my wife?

2)Her EAD expires end of December, should i apply for new EAD? She doesnt plan on working. She is currently on H-1 but will quit her job in November 05.
(I am planning to respond to her RFE by early Sept)

3) If i dont apply for new EAD, does that still keep her in status after end of december or does she need the EAD to keep her in status?
 
Your spouse's current status is same as what was your's one day before approval, that is pending AOS. EAD does not change her status in any way, so its up to you if you want to have it or not. But, AP will be the must if you want to travel.
 
thukralrk said:
I agree with Kshitij,

You must maintain only one family address, I don't see any reason why you should receive immigration related mails at two different addresses. Now when you are on this boat I agree with you that you should submit all of the evidence that you can to prove that your's is a bonafied marriage ... as you rightly mentioned Insurance cards / Joint Tax returns (this is most important), and other items which show your names jointly. You MUST consult a lawyer for this as it is a serious issue.

For birth certificate, do whatever you have to but the date as mentioned in the birth certificate must match with the date in 485 petition, otherwise it is considered as a big time fraud.

Thanks
Click to expand...
Thank you msstl.
What if I have two address in home country and list both of the addresses on the form? The reason I am asking this is that when I applied non-immigration visa from home country, I used different home country address from the home country address USCIS kept.
Thanks in advance.
 
Last edited by a moderator:
jnpr said:
Thank you msstl.
What if I have two address in home country and list both of the addresses on the form? The reason I am asking this is that when I applied non-immigration visa from home country, I used different home country address from the home country address USCIS kept.
Thanks in advance.
Click to expand...

If it is asking you list all the addresses, where you have lived in the last xx years. List all the addresses where you lived in the last xx years, does not matter how many. If it asks you list the the dates as well, include the dates as well (to the best of your knowledge).
 
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