Got RFE on my birth certificate

Mansarovar3000

Registered Users (C)
Gurus,

I'm in urgent need of help. I'll appreciate your guidance. I applied for concurrent I-130+I-485 for my parents. I was born 197x. My municipal birth certificate shows issue date of 1998. (Reason - I got it issued in 1998 with both parents names when I came to US on F-1).

Now USCIS has sent an RFE on both my parents' I-130 asking me to submit secondary evidence such as hospital certificate, medical/school records, correspondence between me and my parents etc. to "substantiate" the birth certificate.

Few questions:

1) I have school marksheets (Class 5th, 8th, 10th, 12th, college) that have my father's name but not my mother's. Will these suffice as evidence?

2) Should I also get some kind of official letter that explains/certifies that only father's name appears in Indian educational records? How else do provide evidence for my mother's RFE?

3) Should I ask relatives in India to try to obtain hospital birth record?

4) I saw threads where people have submitted affidavits of parents and relatives. My letter says "Affidavits may only be submitted if primary and secondary evidence is unavailable". Should I still submit affidavits?

5) How do I get affidavits sworn in the US? My parents are here in the US with me.

Thanks so much.
 
Gurus,

I'm in urgent need of help. I'll appreciate your guidance. I applied for concurrent I-130+I-485 for my parents. I was born 197x. My municipal birth certificate shows issue date of 1998. (Reason - I got it issued in 1998 with both parents names when I came to US on F-1).

Now USCIS has sent an RFE on both my parents' I-130 asking me to submit secondary evidence such as hospital certificate, medical/school records, correspondence between me and my parents etc. to "substantiate" the birth certificate.

Few questions:

1) I have school marksheets (Class 5th, 8th, 10th, 12th, college) that have my father's name but not my mother's. Will these suffice as evidence?

2) Should I also get some kind of official letter that explains/certifies that only father's name appears in Indian educational records? How else do provide evidence for my mother's RFE?

3) Should I ask relatives in India to try to obtain hospital birth record?

4) I saw threads where people have submitted affidavits of parents and relatives. My letter says "Affidavits may only be submitted if primary and secondary evidence is unavailable". Should I still submit affidavits?

5) How do I get affidavits sworn in the US? My parents are here in the US with me.

Thanks so much.

1. I would suggest getting an affidavit from your parents and notarizing it.
2. Your passport copy should have their names.
3. Attach your school records and write a cover letter explaining it.
 
Mansarovar,

When we did the application for my parents, we had the same thing RFE.
We had the same thing like you the birthdate was 197X and the birth certeficate was issued according to a register five years later. We looked at the instructions in I-130 form proof of birth that are shown below (from USCIS website).

First when we returned the RFE answer- we included a letter explaining why the birth certificate was 5 years later (because in my country, they did new birth record book/register and everything you get now it is according to the year of that book birth record).

In addition, we included 3 affidavit supports from three people saying that they were present when my brother was born (the doctor and nurse who assited the birth, and my grandmother). Also, we got records from the hospital about the discharge orders for mother and baby. School records with parent names in it. Also, we got original birth certificate record according to the old register (took a while though). I hope it helps. We put all this information together, so we were on the safe side (the more you have proof the less likely they will deny/RFE again). With all this they approved the applications right away.

A. Church record: A copy of a document bearing the seal of the church, showing the baptism, dedication or comparable rite occurred within two months after birth, and showing the date and place of the child's birth, date of the religious ceremony, and the names of the child's parents.
In such situation, submit a statement from the appropriate civil authority certifying that the document or documents are not available. You must also submit secondary evidence, including:
What If a Document Is Not Available?
D. Affidavits: Written statements sworn to or affirmed by two persons who were living at the time and who have personal knowledge of the event you are trying to prove. For example, the date and place of birth, marriage or death. The person making the affidavit does not have to be a U.S. citizen. Each affidavit should contain the following information regarding the person making the affidavit: his or her full name, address, date and place of birth, and his or her relationship to you, if any, full information concerning the event, and complete details explaining how the person acquired knowledge of the event.
C. Census record: State or Federal census record showing the names, place of birth, date of birth, or the age of the person listed.
 
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