485 RFE -Late Birth Registration - Help Needed !!!

L

librau

Registered Users (C)
Hi Gurus,

My I-485 filed on JAN 2007. EB2- India .PD Aug 2000. Name check done. Case assigned to IO on dec 20, 2007 and RFE issued. And Regression now....

Me & My wife got same RFE. The Details:
"Your Birth was not registered until Oct, 1 2002. There fore submit secondary evidence in your possession to support the info you have provided about event. Secondary evidence will be evaluated for Authanticity & Credibility.

Such evidence may take the form of historical evidence and must have been issued contemporaneously with the event which it documents. Such evidence may include, but not limited to, medical records, school records, and religious documents. Affidavit may also be accepted provided that they are sworn by persons who were born at the time of and who have personal knowledge of the event to which to which they attest.

Any affidavit must contain the affiant's full name and address, date and place of birth, relationship to the party on whose behalf they are attesting, if any, and complete details concerning how affiant acquired knowledge of the event. "

Questions on MY RFE:( DOB : jULY, 1955 )
1. Both my parents expired. No relatives from Mother's side and Father's side.
I have 2 elder sisters. Can they give the affidavit? Is there any restriction
on the age of my sisiter that they should be more than 18 years when my
birth happened?? I am 53 years old and my elder sisters are just 7-8
yeares elder to me. So at my birth time they were just around 14-15
years around. Would this be a problem???

1.A. RFE mentions Affidavits.. How many?? Two from my sisters would be ok?

2. I have Xth register which contains DOB. But it has my father's name but
not my mother's name. Would it be a problem??

3. What other evidences ??
4. I have read some where that one need to get a letter from Govt.
Authorities that birth registractions are not compulsory till 1969.. a reason
for late registration .. Is it necessary? This has not been mentioned
explectly in my RFE.

If such document is to be obtained, where can we get it? From Indian
Embassy in USA?
5. Any sample Affidavit for Birth Certificate


My Wife's RFE for Affidavit: (DOB : July 1959 )

1. She has her two parents. Would that be sufficient?

2. Should we mention in the Affidavit by the parents that there were no regu
lations / facilities, in India, then in 1959, for registering births and hence
the birth was not registered when the child was born? Is that by
mentioning this clause, which is true in India, that USCIS would look for
any Official letter from Govt. that birth registration is NOT mandatory till
1969??
3. She doesn't have any school records that shows DOB.

I have read much on this topic but every thing is confusing me ..

Can some one suggest how to go about it..

Deeply appreciate for your kind advises.
 
From your sisters would be ok as they were older than you, there is no limit as how old the person should be at that time only thing mattar is that those person are aware of the birth. If you want You can also double check with your attorney

From your wife's parents are good
 
kgp said:
From your sisters would be ok as they were older than you, there is no limit as how old the person should be at that time only thing mattar is that those person are aware of the birth. If you want You can also double check with your attorney

From your wife's parents are good
Click to expand...

Thanks KGP. Some where I read that Affadavits are to be submitted along with No Birth Certificate. In my case I did submit BC but it was a late registration and I can not submit that NO BC letter.
Would it lead to any troubles?

However RFE language never said to submit such NO BC letter but explecitly mentioned that it accepts Affidavit.

Appreciate your comments.
 
Just submit affidavits from your sisters. They (USCIS) are looking for affidavits from people who have known you since childhood. It can be anyone.
 
Do not think otherwise. I believe, we should submit the evidence from two adults. They should be adults at the time of your birth (I read some where about this). They need not be your relatives. They may be your family friends, neighbours, etc.,

Please check with your lawyer.

SRK
 
you can not submit NO BC letter as you already submitted a late registration BC, so to prove that your BC is valid only you neded a secondary evidence which AffidavitS will prove so submit two Affidavits.

librau said:
Thanks KGP. Some where I read that Affadavits are to be submitted along with No Birth Certificate. In my case I did submit BC but it was a late registration and I can not submit that NO BC letter.
Would it lead to any troubles?

However RFE language never said to submit such NO BC letter but explecitly mentioned that it accepts Affidavit.

Appreciate your comments.
Click to expand...
 
I have the same case

Librau,

I just received an e-mail from the USCIS about issuing the RFE for my case.

It would be my guess but am 100% positive that it is going to be about my last registered birth certificate. I have a birth certificate that is late registered at the birth register office (in 2003).

Since I had an idea, i have already asked for affidavits in support of my late registered birth certificate. I have received one affidavit from my mom and dad each and one from my uncle.

I have school/college certificate that has my name and date of birth and my father name.

What other documents should I try to get for my birth certificate? I am really nervous and worried.

Q1.
From which service center (Nebraska for Texas) did you get the RFE?
Q2
What are the documents you end up submitting for you case?

Q3.
Did you get any response for your RFE yet?

Please reply.

VS
 
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