Today we received a letter that has me scared to death. My husband's birth certificate has an error on it, it is off by one day, it says his birthday is may 5th and it is may 6th, believe it or not, we never discovered this till the start of the k-1 we never hid this, we acknowledged the error way back in the beginning of the k-1 process, we submitted affidavits before they could even ask from his parents on the error, army record's with the correct birthdate and I think a high school diploma, nothing was ever said by immigration so we thought everything was fine. NO rfe, nothing. He was approved for the k-1, came here, we married last August and have just been waiting for the AOS-CPR approval after our interview which was April 12th, 2005. We were told there was a backlog on the FBI name check to just wait, there was no mention of the birth certifcate issue at the time of the interview either.
Now this letter comes certified today, saying CPR is going to be denied due to this error on the birth certificate of a day, and we have 30 days to submit more evidence from early childhood on, does anyone one have any suggestions on items to submit?
Has anyone else ever been denied for such a reason? Never in all this process has his birth certificate been an issue, we can't get the certificate fixed, we already tried that way back, the hospital has burned down, why affidavits from his parents, an army record and high school record is not enough.... is beyond me, and why tell us so so late????
ANY ADVISE or experiences would be appreciated.
partial letter:
The records of the Service reflect that you were interviewed by an officer of this service on April 12th regarding you adjustment application. During your interview, you claimed you were born on May 6th. However, you submitted a birth certificate that reflects that you were born on May 5th, As evidence that your birthdate is May 6, you submitted a letter from the Army stating that your date of birth, according to their records is May 6th, You submitted affidavits from your parents also stating that your birth is May 6th. As such, this Service must conclude that your true date of birth is May 5th as stated on your birth certificate.
The applicant bear the burden of establishing that his application merits favorable consideration. Matter of G-9 I&N Dec. 38 (BIA 1958) In order to establish that your birthdate is May 6th, you must submit documents from your early childhood reflecting that your date of birth is May 6th.
You are afforded the opportunity to rebut the above-mentioned derogatory information and sumbit any additional evidence in support of this application. You are hereby granted thirty days from the date of this notice to sumit such rebuttal or evidence.
Now this letter comes certified today, saying CPR is going to be denied due to this error on the birth certificate of a day, and we have 30 days to submit more evidence from early childhood on, does anyone one have any suggestions on items to submit?
Has anyone else ever been denied for such a reason? Never in all this process has his birth certificate been an issue, we can't get the certificate fixed, we already tried that way back, the hospital has burned down, why affidavits from his parents, an army record and high school record is not enough.... is beyond me, and why tell us so so late????
ANY ADVISE or experiences would be appreciated.
partial letter:
The records of the Service reflect that you were interviewed by an officer of this service on April 12th regarding you adjustment application. During your interview, you claimed you were born on May 6th. However, you submitted a birth certificate that reflects that you were born on May 5th, As evidence that your birthdate is May 6, you submitted a letter from the Army stating that your date of birth, according to their records is May 6th, You submitted affidavits from your parents also stating that your birth is May 6th. As such, this Service must conclude that your true date of birth is May 5th as stated on your birth certificate.
The applicant bear the burden of establishing that his application merits favorable consideration. Matter of G-9 I&N Dec. 38 (BIA 1958) In order to establish that your birthdate is May 6th, you must submit documents from your early childhood reflecting that your date of birth is May 6th.
You are afforded the opportunity to rebut the above-mentioned derogatory information and sumbit any additional evidence in support of this application. You are hereby granted thirty days from the date of this notice to sumit such rebuttal or evidence.
