RFE and NON_AVAILABILITY Certs

1

140seekerJune

Registered Users (C)
My case is little complicated. I got the birth Certificate and Marriage Certificate from the Muncipality and the Marriage Registrar in 1999. I submitted the papers to the INS in 2002 for the 485 processing. The INS sent me RFE for both now. In the case of Marriage Certificate, my lawyer at that time wrote DEED OF MARRIAGE instead of marriage registration. DEED OF MARRIAGE is not accepted according to the INS. The INS is not accepting the birth certificate also. The irony is that my wife is having same kind of certificate, but they accepted hers.

I may be able to get affidavits but getting NON-AVAILABILITY certificates are difficult. I mean getting the certificates from the same offices stating the data is not available. Both the offices have our information in their books and none of them are willing to issue a letter.

Anybody in this situation? I heard that there is a site yourmaininindia.com can get marriage and birth certificates. How do they get it if the Marriage Registrar at my home municipality says he can't issue one?

Appreciate your feedback.
 
Last edited by a moderator:
RFE for Birth Certificate

I am in the same boat. I applied for I485 in July 2002. I submitted two affidivits from my parents, but no non-availability certificate. I also submitted a birth certificate from the local muncipal office which is a one liner.

Now INS wants a non-availability certificate to consider the affidivits from my parents...

Keep me posted..


Thx,

GG
 
No Non-Availability

Both the Sub-Registrar and the Registrar is not willing to issue a NON-AVAILABILITY. I don't know what to do other than going to India and marry. I am from Kerala.
 
GreenGuy said:
I am in the same boat. I applied for I485 in July 2002. I submitted two affidivits from my parents, but no non-availability certificate. I also submitted a birth certificate from the local muncipal office which is a one liner.

Now INS wants a non-availability certificate to consider the affidivits from my parents...

Keep me posted..

Thx,

GG
Click to expand...

Did you submit any certificate from the Church or Temple?
 
Birth Certificate RFE

No, I have not submitted any certificate from Temple or Church.

I did submit a birth certificate from muncipal office which does not have my mothers name and my fathers last name has initials.

So my guess is that BCIS did not like the format of the Birth Certificate. I also provided two affadivits from my parents. Now I get a RFE that I need to provide a non-availability certificate from a competent civil authority in INDIA in order for BCIS to consider the affadivits..

Thx.

GG
 
RFE for Birth Certificate

I apologize for not being clear.

Part of my I-485 application, I have submitted
1. Birth Certificate obtained from muncipal office in 2001 which states my DOB and place and my fathers name. It does not have the registration date or the issue date.

2. Two affadivits from my parents.

Now INS sends me a RFE (first rfe) as follows
*******
The documentation submitted is not sufficient to warrant favorable consideration of your petition/application. The following information is required.
You must submit a written statement from a competent civil authority in India that your birth certificate is not available in that country, only then your secondary evidence is considered.

Submit any secondary evidence in your possession to support the information you have provided about your birth and parentage. Secondary evidence will be evaluated for authenticity and credibility. Such evidence may take the form of historical evidence and must have been issued contemporaneously with the event which it documents. Such evidence may include, but is not limited to medical records, school records and religious documents. Affadivits may also be accepted provided that they are sworn to by persons who were born at the time of and who have personal knowledge of the event to which to which they attest. Any affidavits must contain the affiants full name and address, date and place of birth, relationship to the party on whose behalf they are attesting if any and complete details concerning how the affiant acquired knowledge of the even.
******

Any thoughts if providing a non-avail certificate and some school certificates along with the old affadivits will do the job???

Thx
-GG
 
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