RFE Help needed - March 2002 RD

A

abjadh

Registered Users (C)
We received RFE notice for my spouse (primary applicant) for birth certificate, employment verification and earnings statements for the past three years.

Out of this employment verification is not a problem.

Earnings (I suppose they need W2 - can someone confirm please?) statement - we have for the past three years out of which the second year's earnings is 25% less than what is specified during labor and the other two years (first and third) are fine. Will this be a problem?

Birth certificate - Earlier we did not have it when we filed 485 and so we had submitted two affidavits from parents and SSLC certificate copy. Then subsequently we went through the court in his birth place and got the birth certificate issued through the legal way. The catch is that the RFE notice says it should have been timely registered but the one we have was issued / registered in year 2002. Will this pose a problem?

Anyone with a similar RFE / had answered similar ones? Any input is appreciated.

The first name in the notice had a missing letter (eg. 'abcde' was spelt as 'abde'). The other correspondence including 485 receipt were all correct except for the RFE notice. How should we correct it?

Thanks in advance.

Our details -
I485 - March 2002
Three EADs & APs
Two FPs
RFE - June 2004
 
Last edited by a moderator:
Even my Birth Certificate was issued/registered in 2001, so I guess I will also get RFE. In very few cases have VSC issued RFE on birth certificates with late issued/registration date.
 
Stat2000,

We have time till september (12 weeks from the date of RFE) to answer it.

ThakurSahab,

We had not submitted birth certificate during our 485 filing. In your case since you had submitted it, you may not get RFE on that (I presume).
 
There might be an issue if the registered date is not at the time of birth but later.

Nevertheless, if you submitt two affidavits along with a non-avialability certificate should do it. Did you submitt a non-avialbility cert along with two affidavits?


abjadh said:
Any inputs? Thanks.
Click to expand...
 
We submitted only the affidavits and the sslc copy during 485 filing. Subsequently when we went thro the process of getting the birth certificate, we got a non-availablity certificate which was then submitted in the court (not submitted to INS) and the court ordered the corporation to issue the birth certificate. So we have only the birth certificate and not the non-availablity certificate now.
 
How did you manage?

I am in a similar situation.. Got BC in 2001 and submitted two affadivits. INS requires a non-avail-certificate of birth.

It is not easy to get one.. How did you reply to your RFE?
 
I have not replied yet. Still waiting for my attorney to get back to me. Did you get RFE too? What did it exactly say? What kind of affidavits did you submit earlier along with BC? Non-availablity certificate is givn only when it is not available. We got that earlier and submitted at court in India and got the court order to issue BC. Using that we got the BC. So we also have the BC but no non-availablity certificate. Please let me know what your attorney says. Thanks.
 
abjadh said:
I have not replied yet. Still waiting for my attorney to get back to me. Did you get RFE too? What did it exactly say? What kind of affidavits did you submit earlier along with BC? Non-availablity certificate is givn only when it is not available. We got that earlier and submitted at court in India and got the court order to issue BC. Using that we got the BC. So we also have the BC but no non-availablity certificate. Please let me know what your attorney says. Thanks.
Click to expand...




When I filed I-485, for myself I submitted BC issued in FEB-2002, along 2 Affiadavit, and for spouse I submitted Non-availablity Cert. along with 2 Affiadavit, we did not receive any RFE on that, but received and RFE on Medical, that is Supplimental to I-693 was not enclosed.

So in my opinion, just submitt the BC issued since you have already submitted Affiadavit, you should be fine (Non-availability cannot be submitted along with new issued BC, it is contradactory).
 
Bc Rfe

My attorney is a confused shit. Named as one of the big attorney in Detroit but flip flopping on what should I submit. Either a proper BC or non-availability.

Here is my case..

Submitted a BC from muncipal office part of my 485 application. This BC is just a one liner with my name, DOB, place and fathers name. It was obtained in 2001 not the year i was born. It does not have the issue date, registration date, mothers name. I also submitted two affadivits from my parents at the time of my application.

Now I get a 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.
****************************

It looks like either BCIS did not like my BC format or doubt the authenticity of it. Based on the RFE, for me it clearly looks like providing a non-avail cert with some more school certificates(i have few from L.K.G to 10th grade) would do.

MY attorney thinks providing a proper BC is a better option..

Any thoughts???

-GG
 
GreenGuy said:
My attorney is a confused shit. Named as one of the big attorney in Detroit but flip flopping on what should I submit. Either a proper BC or non-availability.

Here is my case..

Submitted a BC from muncipal office part of my 485 application. This BC is just a one liner with my name, DOB, place and fathers name. It was obtained in 2001 not the year i was born. It does not have the issue date, registration date, mothers name. I also submitted two affadivits from my parents at the time of my application.

Now I get a 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.
****************************

It looks like either BCIS did not like my BC format or doubt the authenticity of it. Based on the RFE, for me it clearly looks like providing a non-avail cert with some more school certificates(i have few from L.K.G to 10th grade) would do.

MY attorney thinks providing a proper BC is a better option..

Any thoughts???

-GG
Click to expand...


Is the BC in the Certificate Format or its like a plain letter on hetter-head, If it was registered in 2001, they should issue BC in the Preprinted Certificate format with proper Registration Number and Issue date writen on it, it should not be a letter format.
 
GreenGuy said:
My attorney is a confused shit. Named as one of the big attorney in Detroit but flip flopping on what should I submit. Either a proper BC or non-availability.

Here is my case..

Submitted a BC from muncipal office part of my 485 application. This BC is just a one liner with my name, DOB, place and fathers name. It was obtained in 2001 not the year i was born. It does not have the issue date, registration date, mothers name. I also submitted two affadivits from my parents at the time of my application.

Now I get a 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.
****************************

It looks like either BCIS did not like my BC format or doubt the authenticity of it. Based on the RFE, for me it clearly looks like providing a non-avail cert with some more school certificates(i have few from L.K.G to 10th grade) would do.

MY attorney thinks providing a proper BC is a better option..

Any thoughts???

-GG
Click to expand...


Hi GreenGuy,

My wife got the same rfe as yours, can you please let me know, how did you respond.

Thanks,
octFiler.
 
DEC01 said:
When I filed I-485, for myself I submitted BC issued in FEB-2002, along 2 Affiadavit, and for spouse I submitted Non-availablity Cert. along with 2 Affiadavit, we did not receive any RFE on that, but received and RFE on Medical, that is Supplimental to I-693 was not enclosed.

So in my opinion, just submitt the BC issued since you have already submitted Affiadavit, you should be fine (Non-availability cannot be submitted along with new issued BC, it is contradactory).
Click to expand...


DUDE can you give me the format of NON-AVAILABILITY Certificate..

thanks

kris
 
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