RFE about birth certifcate

W

wo88

New Member
Last Friday a RFE was issued for my wife's 485 case. It requested "Notarized translation of your wife's birth certificate", since "The translation received is unnumbered and appears incomplete".
What does that mean? Do I need to do the "notarized translation" from my home country, or shall I have some translation services to do the job here in US? I'd appreciate it very much if anybody could share experience with me. Thanks.
 
wo88 said:
Last Friday a RFE was issued for my wife's 485 case. It requested "Notarized translation of your wife's birth certificate", since "The translation received is unnumbered and appears incomplete".
What does that mean? Do I need to do the "notarized translation" from my home country, or shall I have some translation services to do the job here in US? I'd appreciate it very much if anybody could share experience with me. Thanks.
Click to expand...

Translation from a US service is fine. It has to be notarized by a notary.

Also send in Affidavits from her parents stating her birth date etc, if u already didn't submit them. U can find the samples here: www.immihelp.com

goodluck!

-ab
 
Notary

My understanding is that you need to show the English translation of your wife's birth certificate. Since you already gave the birth certificates you should not give affidavits. Affidavits prove that your birth certificate is not valid. Affidavits need to be submitted along with the NON-AVAILABILITY certificate.

Its better to get notarized from your home country. Also send the color copy of the certificate.
 
140seekerJune said:
Affidavits prove that your birth certificate is not valid. Affidavits need to be submitted along with the NON-AVAILABILITY certificate.

Its better to get notarized from your home country. Also send the color copy of the certificate.
Click to expand...

Would have to disagree with 140seekerJune. Affidavit is a ***MUST*** have if your birth certificate is unavailable but are a ***NICE TO HAVE*** if you have submitted your birth certificate. Many lawyers make you submit affidavits from parents about the birth date along with ur 485 application.

Secondly, the translation - if done in US - should be notarized from US Notary. U can get the translation done in ur home country and get it notarized there but there is no need for it. If anything, CIS would trust a US based translation and notary more than ur homeland based one.

Hope this helps.

-ab
 
140seekerJune said:
My understanding is that you need to show the English translation of your wife's birth certificate. Since you already gave the birth certificates you should not give affidavits. Affidavits prove that your birth certificate is not valid. Affidavits need to be submitted along with the NON-AVAILABILITY certificate.

Its better to get notarized from your home country. Also send the color copy of the certificate.
Click to expand...

I have to disagree ...

Typically birth certificates (when available) are incomplete -- usually your name is missing - or something like that.
In such cases, you need to submit 2 affidavits providing the missing information.

So affidavits are not solely used for births that were never recorded - you need it for incomplete records as well.

Obviously, if your cert is accurate and complete in all respects, then you won't need to submit affidavits. ( In that case, you wouldn't have gotten the RFE either :) )
 
wo88 said:
Last Friday a RFE was issued for my wife's 485 case. It requested "Notarized translation of your wife's birth certificate", since "The translation received is unnumbered and appears incomplete".
What does that mean? Do I need to do the "notarized translation" from my home country, or shall I have some translation services to do the job here in US? I'd appreciate it very much if anybody could share experience with me. Thanks.
Click to expand...

Affidafit does not make birth certificate invalid. Rather it works as a secondary proof of date of birth.

As you are USA, it's better to get birth certificate translated by some professional translation service and get it notorized here. Look at your yellow page for local translation services (section "Translation").
 
Look out in RFE

Look at the RFE whether the CIS is mentioning about affidavits. wo88's RFE is about translation not about secondary evidence to prove his birth. So if you give the translation along with the affidavits CIS has to consider only one. If the inspector is highly knowldgable he can reject the case. I would say if the RFE does not require secondary evidence to support the birth send only the translation. If the CIS is not satisfied they will send again RFE. But make sure that the translation has all the information including when you registered your birth. It should be within days after your birth.

I am not a lawyer. Talk to your lawyer before you act.
 
You must log in or register to reply here.
Top