RFE on 485

S

shyam_megha

Registered Users (C)
Guys: I was on F-2 first, then on H1-B, have never changed employers, kids born in US...submitted all documents in 485 application. More details in my signature.
Today, I Received an email about an RFE on my 485 and also my wife (dependent: she is a homemaker). What could be the reason impacting us both?
 
Possibly require bonafide proof of marriage. Whatever it is, atleast your file is touched by an IO. Once you send your RFE, if everything else is OK, your apps would get pre-adjudicated, just waiting for a visa # whenever PD becomes current! Good for you.

btw do you know if you FBI namecheck is clear ?
 
Thanks. NC wasnt cleared till about two weeks back.

All shall be revealed in about a week, but just wondering if it had been a "proof of marriage", it would have affected my spouse only (or I am wrong here). The only possible thing that came to mind was perhaps an issue in our Birth certs of both of us...

Wondering if someone has been in a similar boat before.
 
I confused,

You haven't said what the RFE was for? You have only said that you received one.
 
The RFE email was generated on 12/07/07. As yet waiting for the physical (snailmail) RFE, which would give the exact reason for the RFE.

In my medical test, the doctor did not take my TB skin test or a hard look at vaccinations. Reason: I had studied here and thus had my skin test and vaccinations done when I started the program; my wife had kids here and he assumed that all she would be current on everything. I think that could be the cause of the RFE...but who knows.

Will keep you posted. As always, your expert opinions are always appreciaed.
 
Looks like that's it ! Get ready for a skin test or an explanation from the doc.

Apparently I have read and heard that they require the skin test results come what may and if there is a reason like yours, a certification/letter from the civil surgeon mentioning why it not required the second time would be necessay. Kind of ridiculous... I know !

shyam_megha said:
The RFE email was generated on 12/07/07. As yet waiting for the physical (snailmail) RFE, which would give the exact reason for the RFE.

In my medical test, the doctor did not take my TB skin test or a hard look at vaccinations. Reason: I had studied here and thus had my skin test and vaccinations done when I started the program; my wife had kids here and he assumed that all she would be current on everything. I think that could be the cause of the RFE...but who knows.

Will keep you posted. As always, your expert opinions are always appreciaed.
Click to expand...
 
485 medical RFE for me too

Apparently, the note from USCIS states that the envelope wasnt sealed and signed by the doctor, which is kind of bogus since I know it was signed.

So my question is given that medical is valid for a year, do I have to redo the test or have my doc sign a new form with old tests and seal it (Again!)

EB-1 OR 408 filed Jan/07

RFE 12/03/07
 
Finally received the actual letter from my lawyer today. For me, the RFE is about birth certificate: additional proofs needed due to late registration. For my spouse, the RFE is about birthe certificate and marriage certficate: additional proofs needed due to late registration of birth certificate and, request for a "Memorandum of Marriage" (donno what that means).
Strange thing is all this has to be submitted by the 5th of Jan. Its holiday time and all these have to come from India.
As always...opinions always appreciated.
 
It was not the medical after all huh !! :p

What I have heard is that additional proof for BC would be affidavits from close relatives who state that they were present at the time of birth.

I know that would mean someone in India doing the running around work, hopefully not parents.

Btw the fact that you got an RFE...were both of your FBI namechecks cleared before they sent an RFE ?
 
marriage certificate RFE

Hi

I do not know what USCIS is asking about your marriage certificate.

The new documents we got for our RFE were from these sources: 1. a new marriage certificate issued by Indian consulate, USA. See Indian Consulate website for more information, may take 1-2 days. This certificate was issued based on spouse name entries in our passports. 2. Also got a copy of our original marriage certificate certified from Indian consulate at the same time. 3. If both of your passports does not have spouse name entries, you may get it entered. 4. affidavits from our parent about our marriage. 5. any other document you may have related to your marriage certificate i.e. registration application etc.

Hope you will be able to get these thing in time. Best of luck.
 
Guys: I submitted documents for RFE on Dec 31 and USCIS website has an LUD for Jan 2, 2008 saying that they have received the response.

Based on suggestions from the lawyer, for the late birth certification, I submitted two affidavits from relatives and acquaintainces. For the marriage certification, just underlined the information they were looking for, in the marriage certificate that was originally submitted (they wanted to know which marriage act was the marriage solemnized under).

Although the update on LUD was very quick (just a day), I don’t think it really matters because the dates are retrogressed so much…Or, does it??
 
may matter

Hi

It matters that they received your RFE response before deadline. You may like to print the screen for your reference.

We replied to our I-485 RFE (marriage certificate related) in June 2007, no confirmation yet whether the documents we submitted are enough to satisfy the RFE. We also got one LUD that they received the documents in time, that's all so far.
 
Hello Shyam_megha and Shamsharma (and others).
Could you please explain more on what exactly USCIS requested?
We also submitted new birth certificates (that means registered way late when we were born).
Similarly, our marriage was not registered and we took the certificate after 5 years.

Are these certificates not enough? Are they simply asking why it was registerd late? In that case will I have to approach to the Birth Registration office in India to write a letter?

Is there any specific format of letter?

Please comment..thanks

------------------------


shyam_megha said:
Guys: I submitted documents for RFE on Dec 31 and USCIS website has an LUD for Jan 2, 2008 saying that they have received the response.

Based on suggestions from the lawyer, for the late birth certification, I submitted two affidavits from relatives and acquaintainces. For the marriage certification, just underlined the information they were looking for, in the marriage certificate that was originally submitted (they wanted to know which marriage act was the marriage solemnized under).

Although the update on LUD was very quick (just a day), I don’t think it really matters because the dates are retrogressed so much…Or, does it??
Click to expand...
 
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I have a very similar approval dates and case as shyam_megha. LUD on I485 on 21 Dec. Have not yet received the physical RFE yet so plan to call USCIS tomorrow. Will update all with progress. The RFE is for both myself and wife. Our daughter's I485 case showed a LUD but no RFE has been issued. This creates great possibility for clarification on marriage or birth certificates for us.

BTW I had my already approved I140 (Aug '06) showed LUD of Nov 25,07. Does USCIS confirm the I140 approval from DOL duirng I485 processing? Does that trigger LUD?
 
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Guys: Thanks for your comments, and lets see how they respond to my response. Anyway, answers to some queries from above:


Kesab:

RFE was issued to me and my wife because of:
--late birth certification: My attorney said this is very common for India and asked that I submit two affidavits from relatives/acquaintainces in India, who were present at my birth and are ready to vouch for my date of birth. This was pretty simple. You can find that format easily on the web.
USCIS also asks that we submit a letter (on official stationery) from the Authorities in India that a birth certificate was not issued at birth and also the reason behind it. This is a tricky document and is somewhat hard to get.
--marriage certification: Our marriage certificate was taken just the day after marriage, so there was no timing issue here. As I said earlier, USCIS wanted to know which marriage act was the marriage solemnized under, and also a "Memorandum of Marriage" (which is nothing but another name for marriage certificate). So all my attorney did was to underline portions of the certificate which contain the information that USCIS is looking for. This apart, the attorney also suggested that I submit lots of marriage photographs.

The key thing in all this was time….very little time to get the documents ready in India and have them sent here, not to mention that this is peak holiday period. So I'd suggest that if you have any such deficiencies in your filing, fire away and get the documentation ready.


Samsharma:

Thanks for your advice. I enrolled for the email updates from USCIS and they sent me and email which has all the pertinent information about the receipt of RFE.


Khare123:

Proof of the pudding lies in its eating…I know this wait is excruciating, but just wait for some time and you will get the RFE. But I agree that you should contact USCIS, since they give only 30 days to respond (30 days from the day they generated the RFE). It took about 8 days for my RFE to reach my lawyer.
 
thanks Shyam Megha
Could you please let me know how did u manage to get the certificate from Birth certificate authority regarding the reson for late?

Please tell me the language for the "reason why it was not issued at birth" so that I can write and prepare the letter and send it to India.

It looks like for me it will be really difficult to get this type of certificate but I lets hope for the best.
 
I had also late birth certificate. Inorder for earlier birth documentation, I submitted the first page of school leaving certificate ( school records) which specifically says birth date and names of father and mother. Please note INS need names of parents if you are planing to submit school records.
Eldho
 
My school certificate does not have parents name. Only the admit card for the exam has father's name.
 
Sorry, you need mother's name and birth date also. My record has parents and birth date and that helped me in the late registration issues.

Eldho
 
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Kesab: Getting the Non-availability document from the authorities in such a compressed time frame was very difficult. Unfortunately, there is nothing specific here that I could recommend to you, except that you should get the ball rolling asap. Make your local representative (in India) say to the local authorities that this is the fact that this certificate is required by USCIS.

Eldhonv is right in that any proof requires name of both parents. But, when push comes to shove, and and everything is ok....I sent my school certificate and copy of my driving license from India (both of which had just my fathers name).

I would caveat all my recommendations with the fact that I am still awaiting any further substantive comments from USCIS...I just did the best possible within the time frame.
 
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