Explain AUSA that the action cannot be dismissed with prejudice if the was no court ruling. Ask to change it to "without prejudice". Or you can simply file a notice of voluntary dismissal according to rule 41 of FRCP. You do not need AUSA's consent/involvment to do that.
Anyone with a lawsuit against USCIS or thinking about a lawsuit (Merged)
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Explain AUSA that the action cannot be dismissed with prejudice if the was no court ruling. Ask to change it to "without prejudice". Or you can simply file a notice of voluntary dismissal according to rule 41 of FRCP. You do not need AUSA's consent/involvment to do that.
It's 60 days by FRCP, but the judge may require an answer to be filed earlier. You can change it, but it will have no effect without judge's ruling.
barani1000
Registered Users (C)
mka
What if the Business plan fails to meet its goal, what happen to the plaintiff
What if the Business plan fails to meet its goal, what happen to the plaintiff
barani1000
Registered Users (C)
Primary received plastic card (GC) but spouse got RFE and code 1 FP
Glad to report that I have received the physical card on the 30 days from filing the WOM. As for my wife, she received a finger printing notice (code 1) (although she had done her code 3 FP appointment in early 2007 ) and the RFE.
Little background may help you understand why the RFE may have been issued:
The birth certificate that we submitted for my wife didn't bear the name of her mother (an omission on the part of issuing authorities and we never noticed). The marriage certificate we submitted was in the native language with a separate English translation certified by the Ministry of foreign affairs from home country but bride and groom didn't sign it the translated copy.
Please give me your input as soon as possible because the deadline for response to reach USCIS is end of current month(Aug.).
I'm typing the contents of RFE below.
------------------
The documentation submitted is not sufficient to warrant a favorable decision on your application/petition
See attachment for details(the attachment is the second page)
Your case is pending in being held in this office pending your response. Within this period, you may:
If you do not response to this request within the time allowed, your case will be considered abandoned or denied. Evidence received in this office after the due date may not be considered.
The attachments contains following:
My questions are:
1. Do I need to submit all the acceptable documents from the list provided in the RFE to prove the bona fide marriage and birth record requirements or one or more will do?
Bona Fide Marriage:
1. I can get join account bank statements, our child' birht certificate with both of our names are parents on it and join tax returns. Is that enough?
a. I am not receiving paper statements so I can take a printout of bank statement and get it notarized by the issuing bank. That should work, right?
b. I filed taxes electronically, so again notarizing it should do?
Proof of Wife's Birth with names of both parents
1. I can get a copy of birth certificate for her with her mother name added? This is going to look exactly like the one submitted with her AOS application except this time it will have her mother's name in addition to her father's name already noted on the birth certificate.
2. Should I also get an affidavit from her parents stating essentially her DOB, place of birth and names of both parents of course?
3. The school records (certificates) that she has only contain her father's name, this doesn't satisfy the requirement of containing both parent's names? I guess shouldn't hurt to submit but may not be considered for lack of mother's name on it?
4. I can't get census, religious records or hospital records.
Sorry about the long message but I just wanted to give you the whole picture.
Glad to report that I have received the physical card on the 30 days from filing the WOM. As for my wife, she received a finger printing notice (code 1) (although she had done her code 3 FP appointment in early 2007 ) and the RFE.
Little background may help you understand why the RFE may have been issued:
The birth certificate that we submitted for my wife didn't bear the name of her mother (an omission on the part of issuing authorities and we never noticed). The marriage certificate we submitted was in the native language with a separate English translation certified by the Ministry of foreign affairs from home country but bride and groom didn't sign it the translated copy.
Please give me your input as soon as possible because the deadline for response to reach USCIS is end of current month(Aug.).
I'm typing the contents of RFE below.
------------------
The documentation submitted is not sufficient to warrant a favorable decision on your application/petition
See attachment for details(the attachment is the second page)
Your case is pending in being held in this office pending your response. Within this period, you may:
- Submit all of the Evidence requested;
- Submit some or none of the evidence requested and ask for a decision based upon the record, or;
- Withdraw the application or petition(It is noted that if you withdraw the application, filing fee can't be returned).
If you do not response to this request within the time allowed, your case will be considered abandoned or denied. Evidence received in this office after the due date may not be considered.
The attachments contains following:
- Submit evidence that your present marriage to <<primary applicant>> is bona fide. This evidence may be in the form of birth certificates for common children, documentary evidence of join residence and/or ownership of property, join income tax returns, join financial accounts, spousal insurance coverage and other such documentation. If you fail to submit any evidence or if you submit insufficient evidence, your application may be considered for denial
- Please submit the oldest available evidence that establishes your birth and parentage. The names of both parents and child are needed. The evidence may include but is not limited to:
- Hospital birth records which name the child and both parents.
- Medical records which name the child and both parents.
- School Records which name the child and both parents.
- Census Records which name the child and both parents.
- Religious records in the form of a certificate under the seal of the organization where the baptism,dedication, presentation or comparable rite occurred following the birth, showing the date and place of child's birth, the date of the religious ceremony and the names of the child's parents.
My questions are:
1. Do I need to submit all the acceptable documents from the list provided in the RFE to prove the bona fide marriage and birth record requirements or one or more will do?
Bona Fide Marriage:
1. I can get join account bank statements, our child' birht certificate with both of our names are parents on it and join tax returns. Is that enough?
a. I am not receiving paper statements so I can take a printout of bank statement and get it notarized by the issuing bank. That should work, right?
b. I filed taxes electronically, so again notarizing it should do?
Proof of Wife's Birth with names of both parents
1. I can get a copy of birth certificate for her with her mother name added? This is going to look exactly like the one submitted with her AOS application except this time it will have her mother's name in addition to her father's name already noted on the birth certificate.
2. Should I also get an affidavit from her parents stating essentially her DOB, place of birth and names of both parents of course?
3. The school records (certificates) that she has only contain her father's name, this doesn't satisfy the requirement of containing both parent's names? I guess shouldn't hurt to submit but may not be considered for lack of mother's name on it?
4. I can't get census, religious records or hospital records.
Sorry about the long message but I just wanted to give you the whole picture.
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This is certainly a great news for 1447(b)s in first circuit in particular and for all others in general. Here's a link to LEXIS version. The Judge Nancy Gertner who ruled on Aronov v. Chertoff in the district court, is good for AOS WOMers and Natz cases. She ruled the much quoted Tang v. Chertoff, 493 F. Supp. 2d 148 (D. Mass. 2007)
jefkorn,
for marriage - get a copy of child's birth certificate and transcript of your most recent federal return from irs (it's free and it's an official doc) http://www.irs.gov/individuals/article/0,,id=110571,00.html
If you have a title of ownership with both names, send a photocopy.
They love photos, send some pictures to prove that you live together with your spouse
for proof of birth - birth certificate with both parents' names will do.
You do not have to submit everything they ask for.
for marriage - get a copy of child's birth certificate and transcript of your most recent federal return from irs (it's free and it's an official doc) http://www.irs.gov/individuals/article/0,,id=110571,00.html
If you have a title of ownership with both names, send a photocopy.
They love photos, send some pictures to prove that you live together with your spouse
for proof of birth - birth certificate with both parents' names will do.
You do not have to submit everything they ask for.
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Great. Thanks lazycis for your response. The IRS transcripts seems to be taking two weeks (according to IRS website) but I will request them anyway and if I don't receive them well in time, I will submit notarized copies of my electronic filing along with explanation that I have requested official transcripts but haven't received them in time to meet the the RFE deadline.
Also do you think I should add an affidavit stating that the information is correct to the best of my knowledge. I'm a permanent US resident now after all or may be it's unnecessary?
Also do you think I should add an affidavit stating that the information is correct to the best of my knowledge. I'm a permanent US resident now after all
or may be it's unnecessary?jefkorn,
for marriage - get a copy of child's birth certificate and transcripts of your most recent federal return from irs (it's free and it's an official doc) http://www.irs.gov/individuals/article/0,,id=110571,00.html
If you have a title of ownership with both names, send a photocopy.
They love photos, send some pictures to prove that you live together with your spouse
for proof of birth - birth certificate with both parants' names will do.
You do not have to submit everything they ask for.
Hi lazycis et al,
I have asked earlier in the forum about what to do with my pending Complaint as it relates to spouse's AOS here
What do you think? Should I just sit tight and wait it out? AUSA's deadline to response is Sep. 08. 2008 but she hasn't contacted me yet. May be after I submit all the docs and have FP appointment done, her AOS will be approved so may not have to bother adding her as a plaintiff or amend the prayer in the Complaint?
I have asked earlier in the forum about what to do with my pending Complaint as it relates to spouse's AOS here
What do you think? Should I just sit tight and wait it out? AUSA's deadline to response is Sep. 08. 2008 but she hasn't contacted me yet. May be after I submit all the docs and have FP appointment done, her AOS will be approved so may not have to bother adding her as a plaintiff or amend the prayer in the Complaint?
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lazcis,
The IRS transcripts are free but the tax returns are not. I think it's sufficient to to get the transcripts and I have personal copies of the tax returns that I filed electronically that I can use.
Should I need to attach the copies of W2s as well with my returns?
By the way, the request for IRS transcripts can be made via mail, phone (1-800-829-1040) or fax. I will will do it by fax so will have a proof.
The IRS transcripts are free but the tax returns are not. I think it's sufficient to to get the transcripts and I have personal copies of the tax returns that I filed electronically that I can use.
Should I need to attach the copies of W2s as well with my returns?
By the way, the request for IRS transcripts can be made via mail, phone (1-800-829-1040) or fax. I will will do it by fax so will have a proof.
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Transcripts should be enough. I personally would send only a tax account transcript to USCIS due to the privacy issues. All they should care about is your marriage status.
It is going to be difficult to win a case because your wife has a pending RFE. I would just wait on AUSA to make a move.
yourfirstname
Registered Users (C)
LazyCIS/Jefkorn,
I have been getting emails from the court regarding documents filing but having issues in opening the document. Whenever I click on the document number link, it opens up PACER/ECF window asking for username/password. After entering my username/password, I get error message "You do not have permission to view this document". Any idea, who to contact?
Thanks
I have been getting emails from the court regarding documents filing but having issues in opening the document. Whenever I click on the document number link, it opens up PACER/ECF window asking for username/password. After entering my username/password, I get error message "You do not have permission to view this document". Any idea, who to contact?
Thanks
I agree. So the 6(B) should be the only box checked? Please have a look at the attached sample. I that the right selection?
What concerned me was the time it may take if I go for Account Transcript. I don't have that much time. The form says for Account Transcript: "..Most requests will be processed within 30 calendar days"
But for Return Transcript, it says "Most requests will be processed within 10 business days"
What concerned me was the time it may take if I go for Account Transcript. I don't have that much time. The form says for Account Transcript: "..Most requests will be processed within 30 calendar days"
But for Return Transcript, it says "Most requests will be processed within 10 business days"
yourfirstname
Registered Users (C)
Today I got an email with docket text as "Case Assigned to Magistrate Judge xxxx for all discovery matters". I could not open the document because of permission issues. Is this good or bad?
Have you been granted permission to to efile? Did court set you up to electronically file documents with the court? PACER and ECF are two different systems. PACER is a general account that anyone can get online but to be able to file documents with a particular court, you need to be registered with the court. Have you done that? If you have, then you can contact court's ECF/PACER support person.
I would call PACER support and tell them that you are hacing issues with court's ECF system. They can give you phone number of local contact person at your court when you give them your state or court name. I used to get the same error message and still do because after I registered online on the court's website, court hasn't sent me any notification that I am registered. But then my AOS got approved so I didn't bother too much about it.
Seems like some courts set up your case in such a way that only counsel on record can view the actual docs although anyone can see the Docket events( or may be summary text of what the filing is about). Until you are recognized by ECF as counsel on record, you may continue having these issues. This is done to protect your privacy.
Start with PACER customer service, get to court's PACER or ECF customer service and see if they are able to sort it out.
I would call PACER support and tell them that you are hacing issues with court's ECF system. They can give you phone number of local contact person at your court when you give them your state or court name. I used to get the same error message and still do because after I registered online on the court's website, court hasn't sent me any notification that I am registered. But then my AOS got approved so I didn't bother too much about it.
Seems like some courts set up your case in such a way that only counsel on record can view the actual docs although anyone can see the Docket events( or may be summary text of what the filing is about). Until you are recognized by ECF as counsel on record, you may continue having these issues. This is done to protect your privacy.
Start with PACER customer service, get to court's PACER or ECF customer service and see if they are able to sort it out.
Assignment of the Magistrate is not a bad sign. By the way, was Magistrate assigned to you initially when you filed the case? Or a district Judge was initially assigned and later reassigned to Magistrate?
Permission issues are procedural in nature and have no bearing on your case, of course.
I'm not sure if Magistrate in this case is only going to handle any possible discovery requests only.
Permission issues are procedural in nature and have no bearing on your case, of course.
I'm not sure if Magistrate in this case is only going to handle any possible discovery requests only.
yourfirstname
Registered Users (C)
JefKorn,
Thanks for your reply. I filed motion for efile but have not heard anything from court after that. I have been getting these email from the day I filed case but have been able to open the document only once.
Thanks
I see... Time is critical for you so you have to request return transcripts and hope that USCIS won't misuse/lose your file. Or you can send two separate requests and see if you get account transcripts before you send a response to RFE.
Sounds good. On similar theme, I don't want to send my detailed bank statement but just the fact that we hold a joint account, so I will ask the branch to write me a letter stating that we hold a join account with title XYZ etc and may be just attach the very first page of the usual bank statement that has (at least in my case) just the name of the account holders, their address and account number but no transaction information.