gc_two_citizen
Registered Users (C)
I am a naturalised US citizen. We filed for my spouse's AOS along with I130. At the time of filing, we noticed the birth certificate had couple of errors (last name was not expanded and mother's name was spelled incorrectly). We contacted the concerned officials in our country to correct the errors on the birth certificate. We were told it was going to take long time to fix them. Since my spouse's OPT was expiring soon, we obtained the affidavits from my spouse's father and mother and submitted them along with I-485. Now we received an RFE asking us to submit 'non availability' certificate" to substantiate the secondary evidence (affidavits). In the mean time, we received the corrected birth certificate. I am thinking to submit this certificate in response to the RFE along with a letter explaining why we did submit the affidavits instead of the birth certificate in the first place. Can you guys please weigh in on our situation, if this is good enough or should I seek legal advise to format my response to this RFE? The fact that we produced secondary evidence (affidavits) with I485 initially and now submitting the primary evidence (certificate) will cause any issue with AOS? Just want to take another opinion before I respond. Please comment/advise.