RFE for Birth cert

S

sonpapdi

Registered Users (C)
Hi,

I just got RFE for birth certificate.

Since my birth was at home they didn't like me sending a Birth certificate with Chief registrar of births and deaths. (Form # 9) (Indian version)

They also mention it is late registration and advises me to contact or make verification of birth inquiry from the archives of the Civil Registrar general or National Statistics office in the country and city of applicants' birth. If records are not available then it has to be supported with a letter bearing the seal and sign of an official from the autohorites at the National Stat or Civil authorities indicating the reason of non-availability of such document.

In addition provide secondary evidence like hospital birth certificate or amended birth certificate or school records and affidavits from friends and relatives !!

Can someone please advise what I need to do ?? Thanks in advance

-Sonpapdi
 
I got a RFE on birth certificate which said two things:
a) Get a birth certificate issued at time of birth (mine was obtained 11 yrs after)
b) Gte a BC with mothers full name (mine had only her first name)

I got a new birth certificate from the municipality with mothers full name (they gave me hell over it). And I got two affidavits, one from my father and one from my mother which were notarized. I also attached my parents identity documents (passport pages and voters registration card) which had their photos and birth dates and address etc.

I have submitted these documents a week ago. I am waiting now.

They were saying that they will not process my I-140 until they get my RFE docuemnts for 485, whcih is ridiculous. SO I have asked my lawyer to look into it. Others who applied for I-140 before me have already gotten theirs approved. I am in my 5th month since application and I want my I-140 so that I can switch my job if I have to.

Hope this info helps. Good luck to you.

-Santosh
 
Santosh,

Thanks buddy !!

I got a little different which is also unusual cause they want a Non-availability document now after I producing the registered BC.

My parents told me that the Non-availability document was produced to the court by the resgistrar and they never gave it to us unfortunately.

-Sonpapdi
 
Sonpapdi:

So you are saying that they were not willing to accept the registered BC. SO I dont know if my RFE response will be sufficient evidence. SInce I did not provide any non-availability document.

-Santosh
 
It depends on whether did they ask it for some specific reason. For me they clearly mentioned about it is "late registration" and generally the INS doesn't accept and so I need to provide some kind of history that we did attempt to find my records before registration of my birth and it was also unsuccessful or no records were found.

Does this make sense ?

-Sonpapdi
 
Well...they also said in my case that they need a "timely" registration. But they didnt say anyhting about "certificate of non-availability". I asked my lawyer what documents I shoudl provide and he said that with the affidavits and the new certificate, it should "hopefully" be sufficient. If not, I dont know....maybe they will send another RFE??
 
"Timely registration" is for general applicants of I-485.
Did you check the RFE notes below ? They usually are more clear in their Notes description. There they have mentioned it is a late registration and the child doesn't have last name. Maybe check it out and let me know if you need help.

Did you provide a secondary evidence such as 10th grade or School leaving certificate etc ? I think this is also very important apart from the affidavits. Luckily I have both.

-Sonpapdi
 
Sonpapdi:

In your case, did they explicitly ask for a Certificate of Non-availability. THey didnt ask for that in my case.

-Pravin
 
santosh_30 said:
Sonpapdi:

In your case, did they explicitly ask for a Certificate of Non-availability. THey didnt ask for that in my case.

-Pravin
Click to expand...

Well if you look at my first message .. there I have clearly mentioned and Yes they have asked for Non-availability till my registration date stating no records exist upto that point

-Sonpapdi
 
try here

Hi Sonpapidi,
My 485 is also pending and i submitted only affidavits from my parents. However i guess they will ask NABC down the line. So i paid http://www.yourmaninindia.com and they are getting it for me. They have a very good customer service. Mine is almost over ( I believe) as it is in a very rural area somewhere in North and we have no contacts there now...
They also have expedited service for another 50$ more.. and they can get it in less thatn 20-25 days. try it. Everyone who used them..wrote good reviews.

Bestofluck
 
Starter,

Thanks for the information !!

But unfortunately if you look at my first message which has the notes of RFE is somewhat different. I already have registered BC but only thing is it is registered late. So these freak'n people want Non-availability records till the date of my birth was registered. This is basically asking the Government to re-check and give us a non-availability document till the birth was registered. Whoever sent this is a real Moron and we are having a lot of pain to get this kind of unique letter duly signed from the government authority(which in India is usually more painful)

Good luck on your case
-Sonpadi
 
I also received a RFE for birth certificate (for my wife).

The birth certificate submitted with I-485 was not acceptable for them. It was acquired from the embassy in New York.

They wanted a birth certificate issued by the city / country where the birth was originally registered with names of both parents, showing a timely registration.

We submitted copy of the original certificate in a local language (with english translation), but the birth was registered 6 years after my wife was born. We figured its too late to do something about it :) and decided to submit it as is.

The RFE response was received by CSC on August 12, and updated in the system on August 19.

Let's see if they accept it or we get a second RFE. If we do, I am not sure what can be done to overcome with problem because the city officials will not write anything like "records not available". They do have the records, but the birth was not registered on-time.

Any ideas?
 
logicators,

This is what exactly I am trying to convince my Lawyers that once they register the birth there is no point that they will give me a Non-availability document. He still believes someone will do it :confused:

BTW, Did you send the affidavits with her parents signatures ? If not maybe you should do it ?

-Sonpapdi
 
You can submit a letter from the registrar of births and death stating that you were born on xxx at home. Your birth was not registered in the records at that time and hence no record available of that time and that a birth certificate was issued later on.
 
Didn't send the affidevits since I thought that it won't be needed as I am submitting the certificate. Will do it if they issue another RFE.
 
tangohi said:
You can submit a letter from the registrar of births and death stating that you were born on xxx at home. Your birth was not registered in the records at that time and hence no record available of that time and that a birth certificate was issued later on.
Click to expand...

Tangohi,

Basically the government doesn't want to issue us a similar letter that I was born at home and my birth was not regsitered at birth and was later registered. This is what I am trying to convince my attorneys that they will not issue a letter like that unless it is a valid form # and some act ??

Either way I think I am getting sick of this RFE .. not sure how to convince the lawyer as well as to get the letter from this karnataka government !!

-Sonpapdi
 
Just received a response to my status query saying:

"Adjudications should occur within 60 days"

Which is different from the usual 6 weeks message.

Just curious: Does this message mean that the name check is complete?
 
Starter said:
Hi Sonpapidi,
My 485 is also pending and i submitted only affidavits from my parents. However i guess they will ask NABC down the line. So i paid http://www.yourmaninindia.com and they are getting it for me. They have a very good customer service. Mine is almost over ( I believe) as it is in a very rural area somewhere in North and we have no contacts there now...
They also have expedited service for another 50$ more.. and they can get it in less thatn 20-25 days. try it. Everyone who used them..wrote good reviews.

Bestofluck
Click to expand...

Hi Starter, Any updates on your birth certificate? Did you get it? Did you also get your NABC?
 
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