RE: DOB RFE - Only Copies submitted

L

lvl485

Registered Users (C)
485 RD 5 Oct 2002
ND 20 Oct 2002
RFE August 18, 2004
RFE Replied Oct 13
LUD Changes Oct 14, 18

I received RFE for self and spouse for DOB asking to submit Original Statement on the official Letter head (with underlined) for non-availability of DOB Certificate and also the reason for it. Only than secondary evidence will be accepted.

So I got everythig from India and in hurry submitted copy of Non-avail DOB and also copies of all non avail DOB affadivits.

My question is, whether its going to have any negative affect on the official and what his action will be now???

Would Greatly appreciate your views.....Pork Guru...muqda..greenguy...and all others...please

Thanks
 
lvl485 said:
My question is, whether its going to have any negative affect on the official and what his action will be now???
Click to expand...

Do you have a copy of the RFE coversheet (with barcode on it) that came with RFE?

I would recommand you to wait for couple of weeks (like 4-6 weeks, but not later than 85 days RFE response deadline). If adjucator is not happy with RFE response due to photocopy, probably you will get another RFE. In that case you will get a scope of sedning your original documents.
But if you don't hear anything from USCIS after 4-6 weeks, you can try to re-send the originals with that coversheet (copy, provided you have it) again. But keep in mind that, if you receive your 2nd RFE after mailing your original already (with first RFE coversheet), you again have to get your original from India. So, proactively sending the original too early is not going help you either.

Hopefully your adjucator is not too picky (most of the adjucators are not). Photocopies work most of the times for most of the adjucators.
 
Thanks Pralay

Thanks for your advice...any chance of getting approval with this set of documents..??
 
Have you submitted non availability certificate with your I-485 submission or you submitted birth certificate (late registered)? I was asking what raised this RFE? Most of times a copy is enough. If original is asked you should submit original ( I do not know if it will be sent back to you).
 
In 2002 I submitted late registration DOB certificates. The RFE was sent to submit original statement by competant that they do not have my records for the year of my birth and also the reason for that!! So once they gave me the late registration DOB than why they will give non-avail DOB with reason blah..blah..Still I was able to get it but without any reason. Unfortunately in a hurry I just submitted all photocopies...(even though they asked specifically for the original Non-Avail with reason..)...Well even my attorney did not double check it!!!!!

My question is what will be the officials course of action...

1. Will he approve it seeing the documents (only copies )

2. Issue one more RFE...(but at the end they have mentioned that they will decide the case depending on what we submit). So, I doubt he will issue any RFE

3. Sent it to Local CICS office...for interview.. (Another fe months gone!!!)

Would appreciate your views guys...bahi Ghee...Pork Chop..and so many other active members....

Thanks
 
Approved!!!

485 RD 5 Oct 2002
ND 20 Oct 2002
RFE August 18, 2004
RFE Received Oct 13
LUD Changes Oct 14, 18, 21


Yes, when I checked online status today it said This case is Apporved .....

Thanks to Mr Rajiv Khanna and this forum for all the support. :D :) :)
 
lvl485

I just got the same RFE as you got RFE for DOB.

My Wife does not have non-availabilty.
I have a birthcertificate which was prepared last year.

What is the procedure for getting the non-availabilty certificate.
Does it make sense to send the latest birth certificate or do I need to get somehting else. Please reply.

Thanks,
parshu
 
The procedure for getting Non-Avail DOB certifcate is that you give an application to the local Birth and Death office where you were born and ask for DOB certificate registered within one year of birth. In most of the cases the Birth date is not registred within one year especially people born before 1969, when Birth registration was made mandatory. So once they do not find it they will issue you a non-avail DOB certificate.
Another way of getting it is to speak to any lawyer of your city and ask him to get a letter from the city Megistrate (on his/her letter head) that your DOB certificate is not available with his signatures and official stamp.

If the DOB is before 1969 get a copy of the Indian law from the U.S. Department of State Foreign Affairs Manual (or FAM) showing that, in India, registration of births and marriages was not required until 1969.

Even if all of the above is impossible to get, just get 2 Affadavits from your uncle/aunts or father/mother stating the standard format....Secondly, your School leaving certificate showing DOB, passpost copy showing DOB, Driving Lic. showing DOB etc...

What I finally found is that its not a big deal to geather these documents if we are not able to get Non-Avail certificates. That's waht my attorney advised.

Hope this helps. Good Luck... :)
 
lvl485,

Thanks for the response man.

We have a situation. We had our relatives go to the City Muncipality and found that she had birth registerted but with a different date(two months later than the actual birth. DOnt ask me why) and the municipality is going by book and saying this is what we can give etc etc.

I am totaly confused. We tried the non-availability and they are saying it is available so cannot give non-availability.

Tried to bribe but this is a city(Nagpur) so it is not working out or we are not getting the right contact.

"What will be the content of non-availability certificate"
Please suggest.
parshu
 
Last edited by a moderator:
Search for non-availability DOB in this forum for format..and secondly Not to worry, try second option...contact any nagpur attorney with the non-avail DOB format and ask him to get it from any city megistrate on letter head...this should not pose any problem..plus get 2 affidavits from uncle/aunt plus school leaving certifcate copy, plus copy of passport, drving lic. etc..submit as many secondary proof of DOB..but if you are able to get non-avail from city megistrate that will definately help..but still I suppose if you are dead sure that its immpossible to get it simply submit all documentry evidence you have...hopefully it will work out...they know that its not that easy to get all documents...so that is why they write at the end if you are not able to submit all documents they will decide on what ever documents you submit...lets hope for the BEST :)
 
Thanks again..

I have got the Affidavits, and other certificates listed in the secondary list.

I am trying my best to find something to get from the authorities in Nagpur.
Dont know what will happen.

thanks a lot

parshu
485 RD 09/03/2002
nd 09/13/2002
FP1 10/08/2002
FP2 06/22/2004
RFE 10/19/2004 DOB for wife and me and marriage certificate for wife.
 
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