My RFE details

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hakoonamataata

Registered Users (C)
My RFE details - Need advice

This is the RFE I got. Can someone help me understand what documents I need to submit regarding point 1 below (birth certificate). The persons in the affidavit - should they be my parents or someone else? If someone had a similar RFE, your input would be greatly appreciated. Thanks.

1. "The birth certificate you initially provided shows that your birth was registered more than 20 years after the birth occurred and as such is insufficient proof of your birth for immigration purposes. You must submit secondary evidence of your birth such as early medical records, early school records, early religious records and/or two affidavits. If affidavits are submitted, they must contain complete details of your birth such as the date and place of birth, the name of the child, and the names of the parents. Also, the affiant must provide his/her name, date of birth, address, immigration status, and how he/she became aware of the details concerning your birth."

2. "Submit an original letter on company letterhead from your current employer stating your date of hire, duties, remuneration and prospect for continued employment." - I guess this is EVL.

3. "Earnings statements for the last two months." - paystubs

4. "Income Tax returns and Forms W-2 and/or Forms 1099 for the last two years". - I understand this.
 
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I am going to get same RFE, my birth certificate was also registered 2 yrs back only.


I guess you should get and efidavit from both parents and they should desctibe everything which is mentioned out there, ofocurse they do not have to provide details that how they came to know abt ur birth, but looks like you may get an efidavit from some one other then ur parents too, may be some close realtive and in that case they will have to explain that how they found out abt ur birth.

I AM GOING TO HAVE SAME ISSUE WITH MY BIRTH CERTIFICATE.
 
When the GC is for future employment, why do you think that the INS is asking for last 2 years W2 forms and paystubs ?
 
RoaringBull said:
When the GC is for future employment, why do you think that the INS is asking for last 2 years W2 forms and paystubs ?
Click to expand...
Probably to check if the applicant was ever out of status.
 
I had a similar RFE on birth certificate two years back. I submitted the following

1) 10th Grade, 12th Grade adn transfer certificates (that will have your Date of Birth)

2) Two Affidavits from my Parents on a TEN RUPEE Notarized certificate.

and below is the format I followed.

Thanks,
~Mad


I (Name of the relative), being duly sworn on this _____day of ______, 20____, deposes and says that:

1. I am the (Relationship) of (Your Name).

2. I am _____years old and reside at (address).

3. (Your name) was born in the City of _____, State/ Province of _____, in (Country) on (Date).

4. (Your Name) is the Son/ Daughter of_______, his/ her father and ______, his/ her mother.

5. I know this to be true because:

(State only those reasons that apply:

We have always celebrated (Your Name) birth on (Date);

I was present at the time of (Your Name) birth; or other_____).


I declare under penalty of perjury and under the laws of the United States of America that the forgoing is true and correct.





_________________
(Name of the relative) ______________
(Date) Signature of the Notary
(Date)




PLEASE PUT THE APPROPRIATE RELATIONSHIPS IN ITEM 4.

PLEASE GET TWO AFFIDAVITS FROM YOUR RELATIVES AND THE AFFIDVITS SHOULD BE ON A STAMP PAPER AND MUST BE NOTARIZED.
 
Dear 'hakoonamataata' you got same RFE which i got, i also got those same 4. for the birth certificate take 4 affidavit's 2 from mother and father and other 2 from your Mom side relatives.

go to Immihelp.com you will find the Fine format for the Affdavit's
 
Gorilla:

My understanding on affidavit for BC is INS needs

1. One from BOTH the parents, i.e Same Notarized certificate.
2. A separate one from a relative.

Is the correct?. I am expecting one as well for mine..

JJ
 
Chubber Singh
I know couple of people who have registered not before 2 yrs and could get approved with out an RFE.
 
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Hakoonamatata,

As per my knowledge you need to submit the following...

1) Non- availability certificate from local municipal/panchayat dept.

2) Two affidavits - One from parent (either mother or father) and another from close relative(either maternal uncle or aunt.)

3) Send also SSC certificate highlighting your birth date.

That's it..

It should work..
 
'joejoy'

Even i thought the same thing, but my lawyer suggested that way!!.

'Marais''s is good answer.
 
Hi,
I got the same RFE accept. I had to redo the Medical Examintation. Here is what I did.

1. "The birth certificate you initially provided shows that your birth was registered more than 20 years after the birth occurred and as such is insufficient proof of your birth for immigration purposes. You must submit secondary evidence of your birth such as early medical records, early school records, early religious records and/or two affidavits. If affidavits are submitted, they must contain complete details of your birth such as the date and place of birth, the name of the child, and the names of the parents. Also, the affiant must provide his/her name, date of birth, address, immigration status, and how he/she became aware of the details concerning your birth."
I got my Birth Ceritificate from the Municipal Corp in my City

2. "Submit an original letter on company letterhead from your current employer stating your date of hire, duties, remuneration and prospect for continued employment." - I guess this is EVL.
My HR director wrote this letter on the company's letterhead

3. "Earnings statements for the last two months." - paystubs
Correct - Paystub

4. "Income Tax returns and Forms W-2 and/or Forms 1099 for the last two years". - I understand this.
 
Marais

I think "Non- availability certificate" holds good only for those applicants who dont have BC, But for people who have incorrect BC( missing last name, year..etc), this certificate is not needed.

JJ
 
Rfe

hakoonamataata,

I got the same RFE on my 485 on 10/08. The answers posted by others more or less cover what I have sent to VSC as response. I sent the following items:

1) Admission letter from my kindergarten (My attorney suggested that I provide a document from my elementary school admn....he felt that one from secondary or higher school may not be sufficient)
2) affidavits (1 each from my mother & father. 1 each from relatives on both sides)
3) EVL letter and
4) All my tax documents from the last 2 yrs (includes W-2s,paystubs, 1099's...I even sent copies of my refund checks...everything I could think of!)

VSC received all these on 11/04/04. My LUD changed twice after that once on 11/04/04 and on 11/11/04 susequently. I am keeping my fingers crossed and hoping for the best.

Hope this helps!

Cheers,
speedy1027
 
hakoonamataata said:
This is the RFE I got. Can someone help me understand what documents I need to submit regarding point 1 below (birth certificate). The persons in the affidavit - should they be my parents or someone else? If someone had a similar RFE, your input would be greatly appreciated. Thanks.

1. "The birth certificate you initially provided shows that your birth was registered more than 20 years after the birth occurred and as such is insufficient proof of your birth for immigration purposes. You must submit secondary evidence of your birth such as early medical records, early school records, early religious records and/or two affidavits. If affidavits are submitted, they must contain complete details of your birth such as the date and place of birth, the name of the child, and the names of the parents. Also, the affiant must provide his/her name, date of birth, address, immigration status, and how he/she became aware of the details concerning your birth."

2. "Submit an original letter on company letterhead from your current employer stating your date of hire, duties, remuneration and prospect for continued employment." - I guess this is EVL.

3. "Earnings statements for the last two months." - paystubs

4. "Income Tax returns and Forms W-2 and/or Forms 1099 for the last two years". - I understand this.
Click to expand...

Hookna,

Out of curiosity what kind of birth certificate did you submit when you sent in the application? Also, did you send in the employment letter? Because that is required when you file. (maybe your lawyer forgot?) As for tax returns I was told to send in the latest one (it is not required by USCIS though but is recommended).
 
JJ,

In that case.. You may submit affidavits as mentioned in my previous post and send SSC certificate..!! This should work..

Good luck
 
LaborApproved said:
Hookna,

Out of curiosity what kind of birth certificate did you submit when you sent in the application? Also, did you send in the employment letter? Because that is required when you file. (maybe your lawyer forgot?) As for tax returns I was told to send in the latest one (it is not required by USCIS though but is recommended).
Click to expand...

I submitted the date of birth certificate that I got 3 years back (that is when I was above 20 yrs old). I guess that is not acceptable for immi purposes.

Also, I did submit the EVL originally when I filed in Apr 2003. ("may be" the lawyer forgot .. but most probably not.)

I am planning on sending the past 2 tax returns 2002, 2003.
 
hakoonamataata said:
I submitted the date of birth certificate that I got 3 years back (that is when I was above 20 yrs old). I guess that is not acceptable for immi purposes.

Also, I did submit the EVL originally when I filed in Apr 2003. ("may be" the lawyer forgot .. but most probably not.)

I am planning on sending the past 2 tax returns 2002, 2003.
Click to expand...


Thanks for the response. Did you get the birth cert. from your country's consulate in the US? I know mine was done at the consulate. You should get the approval just send all the docs. wanted. good luck.
 
LaborApproved said:
Thanks for the response. Did you get the birth cert. from your country's consulate in the US? I know mine was done at the consulate. You should get the approval just send all the docs. wanted. good luck.
Click to expand...

No. I got it in India (during my last visit to India). I am hoping that sending the SSC certs and affidavits would satisfy CIS.

Thanks for your best wishes. Good luck to you too.
 
Does the affiant need to be my relative? Or, is it ok if the affiant is a family friend?

If he/she has to be a relative, how immediate the relationship is acceptable (I mean is it ok if the affiant is my father's sister's (aunt's) husband. That would be my uncle. Right?)
 
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