I485 rfe Nebraska

I also got an RFE requesting additional proof for Birth Certificate for my wife.

What we plan to send are:

Two Affidavits: Our attorney told us NOT to get from father and/or mother. So, we are getting it from Aunt and Uncle. Attorney said that afiidavit must be from neighbors, family friends, villagers or relatives. Affidavits are notarized (with judicial stamp if from India). You can get samples from
http://www.immihelp.com/immigration/birth-certificate.html

Secondary School Certificate: Attorney said it can be used as secondary evidence, not primary.

Voter registration and Indian Driver License: Luckily we have that and can be used as secondary evidences.

Other documents, just to pile more evidences are ration card, birth horoscope chart, college degree...


Hi all,
My wife received an RFE regarding her birth certificate. The one we submitted was a hospital issued birth certificate and USCIS requested a govt. issued birth certificate...
 
How long to get I485 Receipts

Hi everyone,

I filed my I485 on 3/15/2007, already 2 weeks past, I have not received any notices till now. I appreciate if someone can answer my questions.

how long usualy takes to get receipt notices.?
Do they send notices to lawyer or applicant or both?
My I140 approved at NSC, but I live in Texas.Does it mean my 485 will be processed at NSC or TSC or anywhere?
How long usually takes to get AP,EAD? I am planning a trip to India during 1st week of June 2007, Can I expect AP at that time?
Do I need AP before leaving country.If I receive after I left the country, can someone post it to India, so that I can use it at the port of entry. Can I do that?
 
Hi everyone,

I filed my I485 on 3/15/2007, already 2 weeks past, I have not received any notices till now. I appreciate if someone can answer my questions.

how long usualy takes to get receipt notices.?
___ Maybe 10-40 days to get the receipt.
Do they send notices to lawyer or applicant or both?
___ Receipts are sent to the attorney, if you have one.
My I140 approved at NSC, but I live in Texas.Does it mean my 485 will be processed at NSC or TSC or anywhere?
___ No Clue, NSC will decide.
How long usually takes to get AP,EAD? I am planning a trip to India during 1st week of June 2007, Can I expect AP at that time?
___ About 2-3 months if everything is OK
Do I need AP before leaving country.If I receive after I left the country, can someone post it to India, so that I can use it at the port of entry. Can I do that?
___ And what if you are in India but have some problem with AP approval? Theoratically, yes, but it is a risk.
Good luck
 
Hi everyone,
Do I need AP before leaving country.If I receive after I left the country, can someone post it to India, so that I can use it at the port of entry. Can I do that?
If you are on valid H1B and have visa stamped in passport, you don't need EAD or AP to go outside US and return. You need AP if you don't have H1B and plan to use EAD.
 
I-140 got LUD instead of I-485

Ok... my I-140 was approved on January 18, 2007 and as I have quoted myself below, I got RFE on I-485 for which I have replied to USCIS 16 days ago. However when I checked my case status online, I saw an LUD on my already approved (2 and half months back) I-140 with no message change. I was expecting either approval or LUD on my I-485 instead. I-485 does not have an LUD since March 17, 2007 though. Could someone throw a light on this regarding why it could happen. Are they going to deny my already approved I-140? Why is there an LUD on I-140 and not I-485? Any idea? Please share..


As per online status, USCIS sent me RFE on February 9, 2007. My attorney received it in about 2 weeks. It was regarding Birth Certificate (though I had already sent), and secondary evidence to show marriage was bona fide for my wife. Since I went out of the country on Feb 10, 2007 and came back only on March 5, 2007 I was not able to send a response immediately. I sent my response on March 13, 2007 and USCIS received it on March 14. I got an LUD on March 15 with a message that they received my response on RFE and the case have resumed processing. I got another LUD on March 17, 2007 with no message change, and have not had any LUDs or whatsoever since then.
 
Hi all,
My wife received an RFE regarding her birth certificate. The one we submitted was a hospital issued birth certificate and USCIS requested a govt. issued birth certificate.
We dont have alot of family back home to get the birth certificate issued in time, and I am afraid that it maybe too much trouble. What are the alternatives if I am unable to get her birth certificate issued from a govt. agency?
Has anyone faced a similar issue in the past? Can someone please share any templates for the affidavits that can be used as alternatives? Who all can we get these affidavits from and what do they need to say?
I would really appreciate all your help.
Thanks,
frog

Hey, try www.yourmaninindia.com.

vik
 
Our 485 application was approved, about 40 days after NSC received our RFE, which was for the skin test.
Good luck to everyone, keep your hope alive!
 
Got a RFE Email

:(

Yesterday I received two emails form CRIS stating they sent a RFE letter for my case on 04/11.

The only reason I could think about is the Employment Statement. When my I485 was submitted, the lawyer assistant only submitted two recent-pay stubs and two recent W2. And she said the Employment Statement from my current employer was not necessary.

It is very frustrating and I am very anxious to wait for the RFE. The lawyer office doesn't help much since they already charged all fees. Can anybody shed some light on the following question?

1) How long will it take to receive the RFE?
2) Do I also receive a copy at my home address?
3) What's the time frame to respond to RFE?
4) Can anyone post some sample Employment Statement?

Thanks in advance for any suggestion!
 
My experience with RFE on AP and 140s

Hey nylc4yr,

I got RFE for AP. Based on that experience ( and experience in getting RFEs for 140's )

1. Lawyer usually receives RFE in 1-2 weeks.
2. I did not receive copy of RFE for AP. Only the lawyer received.
3. The timeframe is usally 90 days, BUT they are changing or changed this rule and timeframe now will be mentioned in the RFE. It CAN BE SHORTER THAN 90 days.

Best of luck with the RFE.
 
Hi sai_ani.

Thanks very much for sharing your experience!

NYLC4YR

Hey nylc4yr,

I got RFE for AP. Based on that experience ( and experience in getting RFEs for 140's )

1. Lawyer usually receives RFE in 1-2 weeks.
2. I did not receive copy of RFE for AP. Only the lawyer received.
3. The timeframe is usally 90 days, BUT they are changing or changed this rule and timeframe now will be mentioned in the RFE. It CAN BE SHORTER THAN 90 days.

Best of luck with the RFE.
 
Hi all,
My wife received an RFE regarding her birth certificate. The one we submitted was a hospital issued birth certificate and USCIS requested a govt. issued birth certificate.
We dont have alot of family back home to get the birth certificate issued in time, and I am afraid that it maybe too much trouble. What are the alternatives if I am unable to get her birth certificate issued from a govt. agency?
Has anyone faced a similar issue in the past? Can someone please share any templates for the affidavits that can be used as alternatives? Who all can we get these affidavits from and what do they need to say?
I would really appreciate all your help.
Thanks,
frog
i got my birth certificate from indian consulate.
 
Birth Certificate

Our lawyer was pretty adamant about not using birth certificate from embassy/consulate as they are not primary evidences. Since they are based off passport (read the language of BC given by embassy or consulate), USCIS doesn't considet them as primary evidence (as they already have copy of passport which also has DoB).

Affidavits from uncle/aunt, neighbors, villagers (NOT father/mother) are good support. I got sample affidavit from immihelp.com and emailed them to India. They got typed it on stamp paper, signed and notarized. Alternatively you can print them on plain paper and put notary stamp (Rs. 10-20), signed and notarized. The registered mail from India costs Rs. 200-500 and you can receive it in a week.

Some have used service of yourmaninindia.com, but it costs $100-$200 depending on location and service needed.
 
Our 485 application was approved, about 40 days after NSC received our RFE, which was for the skin test.
Good luck to everyone, keep your hope alive!

Was the RFE for both of you or just for one?
I'm in the situation where my wife (secondary applicant) received an RFE for her i-485 and I don't see any progress in my i-485 ever since. I wounder if they wait for her RFE to continue processing our cases together.
 
please help

Hi All

Please help me for these RFEs.
Birth certificate- Your birth was not registered until 2001, please submit the following evidence
A phtocopy of birth certificate issue by Local registrar if born in city and photocopy of their 10th certificate...etc..etc...

I am planning to get an affidivit from my parents. Normally how much RS stamp paper shoud be used? Also since i have the BC from the Municipality, just that it was resistered late, do i still need the non-availability certificate??

Your help is highly appreciated...Please le me know


Thank you in advance
 
Our lawyer was pretty adamant about not using birth certificate from embassy/consulate as they are not primary evidences. Since they are based off passport (read the language of BC given by embassy or consulate), USCIS doesn't considet them as primary evidence (as they already have copy of passport which also has DoB).

Affidavits from uncle/aunt, neighbors, villagers (NOT father/mother) are good support. I got sample affidavit from immihelp.com and emailed them to India. They got typed it on stamp paper, signed and notarized. Alternatively you can print them on plain paper and put notary stamp (Rs. 10-20), signed and notarized. The registered mail from India costs Rs. 200-500 and you can receive it in a week.

Some have used service of yourmaninindia.com, but it costs $100-$200 depending on location and service needed.



You don't need original affidavit letter, your people from India can scan the original affidivit and send it through email or fax it. Ask them to send original later through normal post.
 
Hi All


I am planning to get an affidivit from my parents. Normally how much RS stamp paper shoud be used? Also since i have the BC from the Municipality, just that it was resistered late, do i still need the non-availability certificate??

Your help is highly appreciated...Please le me know


Thank you in advance

you need notarized affidivit from your parents, since your BC is not registered at Birth time. You don't need if BC is registered at birth time but issued recently.
 
Thanks Radhagda

But still unclear about the non-availability certificate. Do i need to have that and the cost of stamp papers.

Please help
 
I-485 Rfe

My attorney received the notice for RFE on the following:

1. Birth Certificate ( self and spouse )
2. Education Board Certificate ( self and spouse )
3. Clarification for initial used in Marriage Certificate ( spouse)

1. As we not have birth certificate from corporation / municipal / panchayat authorities, we have provided a notarized affidavit given by parents of self and spouse. But CIS is asking the birth certificates from the government authorities. It is difficult to provide such documents to CIS, and again my attorney is going to provide the same affidavit with some explanation to them.

In order to provide them at the worst case, I can file a petition in the court of law at my town in India, get the direction from court to the Talk office to issue the birth certificate based on my school record. This will take 4 or 5 weeks to get it from India.

- For self : Provided my SSLC First page and Permanent Account Number ( PAN) issued by Commissioner of Income-Tax which has my date of birth.
- For Spouse : Provided her SSLC First page - proof for date of birth for my wife

2. As of I know, there is no “Education Board Certificate” available in University of Madras / Anna University. All I have the degrees and diploma awarded by the respective universities, and I have provided them when CIS issued an RFE before they approve my I-140. Is it not sufficient for them? Is it something unusual to ask for such certificate during I-1485 process?

- For self : Provided SSLC mark list which given by Secondary Board of Education. All other education submitted when I got RFE for I-140
- For spouse : Provided all her educational certificate right from SSLC to double Masters.

3. We just left blank under the ‘other names used” in G325 ( Bio-graphic information) for my spouse. We have provided the marriage certificate, translated in English and notarized by a Notary Public ( Lawyer) in India. Normally we use Initial and name in India, and the same way we used in the marriage certificate. After marriage she is carrying my first name as her last name. Now CIS is asking for clarification on her initial in the marriage certificate, and asking explanation for not mentioning this in G365 form when we filed this for I-485. I have explained this to my attorney to make a draft to explain to CIS to send it to use for signature.

- Attorney is going to file G325 ( Bio-graphic information) again with name and initial under "All other names used" column.

The last date to send reply to CIS for RFE is Jun 29. Any suggestions are welcome to explain them. Thanks.
 
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Birth certificate

I have done quite a bit research myself on the BC issue and after going through the process myself ... here are my suggestions. Hopefully they will help. More so, if you are from India.

USCIS needs at least one form of government issued BC. I didnt have any and so I had to get one for us... From two different states (one for me and one for my spouse). If you were born after 1969 and in a hospital, there is a very good chance that the hospital would have informed the nearest birth/death registrar office. And you can get birth certificate from them (Municipal Corporation in India, your city of birth). If your birth is not registered, then the Municipal corporation will give you a "non-availability" certificate stating that there is no record. So, you WILL need either one of these government issued certificate.

Now, USCIS considers that these things are "delayed" registrations... So, they need secondary evidence. That is where these affidavits or 10th certificate or medical record will come into play.

Note that you WILL ALSO need these secondary evidence even if you have your ORIGINAL BC (not a delayed one, but the one you registered right after birth) but if the BC lacks details like parents name etc. etc.

So, practically speaking, these things are very do-able... if you have someone in India to help out... And they are pretty cheap too.

FYI: I had only delayed birth certificates and attached affidavits (all copies only) with our 485. So far, no RFEs. Dont know whats gonna happen.
 
Hi Aroma

Very nice explanation. Thank you very much. In my case i sent the BC, but it was registered in 2001. May be that's why it's termed as delayed and USCIS needs more affidivit. So do i need a non-availability certificate?? i guess "NO" since i already have one.

Is it better to get the affidivit from father, mother or father, some relative. Also do i need to make the affidivit in the city i was born or any city is fine??

thank you again
 
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