RFE - BC Questions

R

redforgreen

Registered Users (C)
Got the RFE copies today from lawyer

BC and AVL for me
BC for wife
Medicals for kid

Please comment on following:

a) BC issued last month for me in India. Its not in English
so do I need to get translated, if yes any idea which service or agency could do this?.

b) My BC mentions only father's first name, if INS could have any issues with that?./.

c) I do not yet have copy of my BC, my father has posted same for me. He needs original of my BC (wierd isn't it) for visitors visa. If I just could use copy of my BC for translation?.

d) please post any great thread on BC requirements in this forum. (I am trying to dig myself too, so far ==-=aven't found any relevant one .... but I am sure its out there)
 
redforgreen ,

a) yes you need to get it translated in english .

b) INS requires both father and mother name on the BC . Else they would have easily accepted our 10th/12th marksheet generally father's name is there but they want both the names .

You said that ur BC was issued last month ... U didnt submit your BC when u filed your 485 .... secondly INS doesnot just accept the BC which is issued recently... i mean whats the registration date on the BC ??? is it of the time when u were born or is it for recent times ... if its for recent time then INS will not accept it ... they will ask for affidavits ...generally they ask for 2 affidavit preferably one from your dad and other from your mom or also u can get it from your uncle etc ... If you want i can mail you the format of the affidavit .....

My suggestion is take all the above point seriously and proceed accordingly ...may be other members on this forum can add more to it ... do let us know what u submitted at 485 time and what is written exactly in the RFE ...... Good luck
 
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IPC302 is correct.
Also check on the birth certificate. The issue date and registration date are different. The certificate can be issued yesterday but the registration date should have been within one year of the birth date. If the registration date is recent..., the birth certificate is not valid. It is better to submit 2 affidiavits from both the parents.
 
redforgreen,

a) translate it yourself and also add one certificate of translation stating that you did this transalation and are fluent in both languages, and it is exact transalation of original document...

b) INS will not accept BC with one of the parents name...

c) you will be sending the copy of the BC to INS(unless an original document is requested in the RFE), but will be goo idea to ask your father to send the original as soon his vwork in india is done, as they might ask for original documents when you got for staming your passport after approval.... BUT you will need "Affidavit in support of BC" on Rs 10 stamp paper from your mom/dad (both) and one other relative.... You have to send it along with the Copy of BC with the RFE response...

At the time of applying 485 I asked, my parents to scan all documents and email me the same and I printed those and submitted along with the 485... later they sent originals to me by post... You can also do the same to send RFE response quickly....

d) search for Affidavit in support of BC or Affidavit in liu of BC in forum and you should find some threads...
 
IPC302, peace_of_mind, M S-IL - Thanks for your replies

Here is my situation:

1) I submitted BC from Chicago Indian Consuate at the time of submitting the 485. I wasn't aware of much details by then and our lawyer didn't care.

2) I asked my father to get my BC issued for his visitor's visa (as he will be applying same by the end of this month). BC was issued last month, I've asked him to send me a copy for RFE. I have not recvd the copy yet.

3) My father told me there is only one name (his first name only) in the BC. And I guess as such we cannot do anything to that. May be supported affidavits could help?.

4) I am not sure about the registration date, and issaunce date as haven't recieved the BC yet.

5) My mother is deceased (after filing the 485), so I guess have to take affidavits from relatives. I already have one from my dad, may be I will request one more from relatives.

6) Can I really translate the BC myself?.
 
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If you have an older/elder brother or sister.... an affidavit from them would do too..., anyway find this out...
Be sure to get the affadivits in English.., so you need not do the translation again...
As far as translation into English regarding BC...,is concerned... findout from Chicago Indian consulate..., may be they can certify.
 
peace_of_mind: Brother and Sister can only be eligible for Affidevit if they are elder to you by 10 years or more.

I also have received same RFE for my wife. She has her birth certificate in english but registration date is recent, I will also have to get affidevit from India. I am planning to get 2 affidevit, 1 from her parents and other from her uncle.
 
IPC302 and others:
I would be grateful if you could post the sample format of affidavit
from parents and uncle.
Thanks,
Devdas
 
Hello IPC302 and Peace_of_mind,

Today I came to know that RFE issued is regarding my Affidavit in support of BC. Employment verification since my last lawfull admission to USA and Special Registration FIN# 1-94.

IPC302 mentioned, he has a sample affidavit. would you please forward me sample of Affidavit in support of BC .

I am planing to have one from father and second from uncle. will that be sufficient, your advise is invaluable for me.

Thanks for your support.
 
Affidavit Format f

I got this affidavit from the person who submitted it and got GC approved from NSC . Based on this i submitted mine . Here it goes

Affidavit from your father

AFFIDAVIT

I, FATHER NAME ,aged XX years,Son of GRAND FATHER NAME, ABC Road, Mumbai,maharastra,India being First duly sworn upon oath,state of my personal knowledge as follows:-

1. I was born on FATHER DATE OF BIRTH in town of Mumbai,maharastra in India.

2. My wife is MOTHER NAME and we were married on MONTH DATE YEAR in Mumbai,maharastra state in India.My wife and I currently live in ABC Road, P.O Mumbai,maharastra state ,India.

3. My wife and I have XXX children , NAME OF ALL CHILDREN(INCLUDING YOU).

4. My Son YOUR NAME was born on MONTH DATE,YEAR at ABC Road, P.O Mumbai,maharastra state, India.

5. My Son YOUR NAME Currently lives at 100 W cortez Circle , Apt XX MILWAUKEE, WISCONSIN -53204,USA.


I am making this affidavit in support of YOUR NAME's application for permanent residency, as due to omission of registration at the time of his Birth we didn't register him until ddth of mmm,yyyy . This affidavit is being submitted as an evidence of YOUR NAME name and date of birth.


Name & Signature


(Your Father Name)


Witness:-

1.A B SINGH (signature)
Advocate,district court ,Mumbai
maharastra ,India

2.J K THOMAS (signature)
--------------, Mumbai
maharastra , India

subscribed and sworn in before me this
MONTH,DATE,YEAR..

My notary expires on .......
Stamp of the Notary (round one) & his personal stamp

Notary signature and date



P.S All Stamp should be clear and in readable format .This affidavit has to be done on 20 Rs stamp paper .
*********************************************************************************************

On the same Guideline prepare one from your mother too.

If any query do let me know.
 
4friend,
Basically, you should get this typed on stamp paper and get it notarized in accordance to the laws of your home country. See that the affidavits are typed in English so that you need not get it translated later.
 
Dear friends:

I have recieved RFE for I -485 including the following:
1.I-693 supplemental form to filled out by the civil surgeon. He forgot to fill it.

2.Employment letter -currently issued letter or other evidence from the prospective permanent employer that indicates your current position, if any, your proffered position, and prooffered wage and indicating that the terms and conditions of the employment petition exist

3.(funny!) Any secondary evidence ( I had provided full form birth cert) in your possession to support the information you have provided about your birth and parentage. It could include medical records, school records, religious documents, affidavits. Affidavits may 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 they attest. Any affidavits must contain the affiant's full name and address relationship and complete details concerning how the the affiant acquired knowledge of the event.

Questions to /Request from the forum:

1. My wife's online status is the same since aug02. Is she likely to be requested for evidence as well esp. I-693 supplemental ( I do not know if they were filled out or not) and of birth and parentage

2.What are some of the ways people have responded to the third query re: birth and parentage?? What documents? I do have one school record, marriage cert, passport and marriage invitation card -all showing who the father is but as to who the mother is only passport evidence and medical discharge summary when she was here in US and had treatment is there. Any comments/thoughts?:mad: :mad:
Can someone share how and in what format was the affidavit done?

3.Although they have NOT asked at this time, can I send in the i693 supplemental form completely filled out for my wife as well even though it is not clear that whether hers was complete or not at the time it was sent? This is just hoping to decrease the chances of second RFE.:confused:

4.What are the chances in general for second RFE?

Details
140 AP 4/03
485 ND 8/02

PS: Can you please provide the affidivat format.?


Originally posted by IPC302
redforgreen ,

a) yes you need to get it translated in english .

b) INS requires both father and mother name on the BC . Else they would have easily accepted our 10th/12th marksheet generally father's name is there but they want both the names .

You said that ur BC was issued last month ... U didnt submit your BC when u filed your 485 .... secondly INS doesnot just accept the BC which is issued recently... i mean whats the registration date on the BC ??? is it of the time when u were born or is it for recent times ... if its for recent time then INS will not accept it ... they will ask for affidavits ...generally they ask for 2 affidavit preferably one from your dad and other from your mom or also u can get it from your uncle etc ... If you want i can mail you the format of the affidavit .....

My suggestion is take all the above point seriously and proceed accordingly ...may be other members on this forum can add more to it ... do let us know what u submitted at 485 time and what is written exactly in the RFE ...... Good luck
Click to expand...
 
Did your wife get RFE after you had gotten one as the primary applicant or did you both get at the same time? Also I would appreciate if you can see my other quote on page three of this forum and see if you have any comments or suggestions.
Thanks

Originally posted by Bindaas
peace_of_mind: Brother and Sister can only be eligible for Affidevit if they are elder to you by 10 years or more.

I also have received same RFE for my wife. She has her birth certificate in english but registration date is recent, I will also have to get affidevit from India. I am planning to get 2 affidevit, 1 from her parents and other from her uncle.
Click to expand...
 
Regarding Birth Certificates. Here's the scenario:-

I didn't have one so I got 2 Affi\davits done from my parents and 1 uncle and submitted that.

For my wife i was able to get new BC done with registration date of present; i didn't notice that(registration date ) and neither my lawyer cared for it.

So i sent these docs with my 485 and in the mean time I got done Not Available certificate(Birth Record not found) for myself from India; because i know they will RFE me for that.

Now I think I;m ready for RFE on BC but i didn't notice the registration date on my wife's BC until i read this thread 2day.

SO guys what are my options in my wife's case. I can't get Record Not found certificate for her as nagar palika does have her record and thats why they made her new BC in present date.
Can 2-3 notarized affidavits be submitted for her to support her BC??

Thanks.
 
Yes in case you have submitted the BC with the recent registration date , get the BC affidavit( use the affidavit format which i posted ) . if you read carefully in the last paragraph it says that

"as due to omission of registration at the time of his Birth we didn't register him until ddth of mmm,yyyy .

so do mention the registration date there WHICH IS ON HER BIRTH CERTIFICATE and you are all set .

Any Further query let me know.
 
COPIES VS ORIGINALS

KINDLY CAN YOU LET ME KNOW IF YOU SENT IN AFFIDAVITS FOR BIRTH EVIDENCE AND IF SO, DID YOU SEND IN COPIES OR THE ORIGINAL AFFIDAVITS?
I HAVE THE COPIES(SCANNED) AND THE ORIGINALS ARE IN THE MAIL. I WANT TO KNOW IF I HAVE TO WAIT FOR ORIGINALS ORIF THE COPIES ARE OK.
 
RE:REASON FOR DOING AFFIDAVIT

I had sent in my BC but it was a certificate saying per the records my DOB is so and so. It was dated 2000.
So now I am gettting an affidavit done to support it as secondary evidence.My attorney thinks it is ok to write the reason I am submitting the affidavit as "for the purpose of secondary evidence in addition to the complete birth certificate submitted to confirm my birth and parentage"
So I am wondering if that is ok or "as due to omission of registration at the time of his Birth we didn't register him until ddth of mmm,yyyy ." is better.
Urgent response from the GURUS highly appreciated.
dev28
Originally posted by IPC302
Yes in case you have submitted the BC with the recent registration date , get the BC affidavit( use the affidavit format which i posted ) . if you read carefully in the last paragraph it says that

"as due to omission of registration at the time of his Birth we didn't register him until ddth of mmm,yyyy .

so do mention the registration date there WHICH IS ON HER BIRTH CERTIFICATE and you are all set .

Any Further query let me know.
Click to expand...
 
copies vs originals

I am also in the same boat, faxed copies recieved and originals in the mail for birth affidavits.

I guess per RFC, one needs to submit original affidavits (as there is no mention of copies here), however for BC they are clearly asking for a copy.
 
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