RFE - what to send

S

shailu2004

New Member
Hi,
We recieved RFE's. My husband is on H-1B and I'm on F-1. We both were asked to send additional proofs for birth certificates as ours was post dated. Can u plz tell us what format should the affidavit be and whom can we get it from and on what type of bond paper(Rs. 10 or more)? Whatelse can we send in addition to them?

In addition to that they asked me to send proof of marrigae and all I-20 forms as i'm on F-1 visa.
Can someone plz tell me what all documents should we produce?

thanks,
shailaja
 
What did you submit as BC while filing your petition?

Usually a certificate from the Registrar of Birth and Death Registration office stating that as per the registrar's records the birthdate is <DOB>, it is a pre-printed form which is then filled and officially sealed by the registrar's office, should suffice. Along with this adding affidevit from your parents and two relatives stating that they know your parents from the time of your birth and certify that you were born on the birthdate as mentioned in the registrar's certificate could be given.
 
shailu2004,

If the DOB certificate is issued much later, as seems to be in your case, you need to submit two afidavits. One from each parent. If parent/s is/are not alive, then from a senior relative/friend who knew when you were born. You need this on a Rs. 10 stamp, and it should be attested. The format is:

AFFIDAVIT FROM <PARENTS NAME> FOR BIRTH


I <parents name>, being duly sworn on the _______day of ____________ , 200x, depose and say that:

1. I am xx years old and reside at xxxxxxxxxxxxxxxxxxx, xxxx, xxxxx;

2. I am the father of <485 applicant>;

3. <485 applicant> was born at city, state, Country on xx/xx/19xx (<Dob in words here>);

4. <485 applicant> is the son of <other parents name), my wife/husband.

I declare under penalty of perjury under the laws of the United States of America that the foregoing is true and correct.




______________________ _________________________
(<PARENTS NAME>) (Signature/Seal of The Notary)

Date:________________ Date:__________________


Regarding your other query for proof of marriage, ofcourse you will need the marriage cerificate, if you did not submit. You can send any bills/documents that have both your and spouses names. E.g. Utility bills, insurance cards, credit card bills, house lease/sale deed, etc.

All the best
 
Thanks for the format. We also submitted our marriage certificate (taken at the time of our wedding in india) but still they asked me for proof. In RFE they mentioned:
Please submit documetary evidence to establish that you have entered into and taht you currently maintain a valid marital relationship with the pricipal adjustment applicant. Such evidence may include, but not limited to:
house lease/sale deed, insurance card, tax returns etc and documentation establishing that our marriage was not entered into inorder to evade the immigration laws of united states.

We can provide other's but what abt the last one? how should we prove that. We got married before his GC process started and i was on F-1 in US before we got married. They also asked me to send all of my I-20's.
plz help me.
 
This is a very intresting situation generally the Marriage Certificate issued before the the 485 filing and a reason that none of you were either Citizen or GC holder should be enough. If not then as your RFE notice states "Such evidence may include, but not limited to: house lease/sale deed, insurance card, tax returns etc" should be more than suffciant.

Though you must consult a lawyer to verify what should constitute "documentation establishing that your marriage was not entered into inorder to evade the immigration laws of united states", my opinion would be to submit a Notorized undertaking from both of you stating that you did not enter into marriage to evade immigration laws and a common undertaking from your parents (both husband and wife's) stating that the marriage took place with their consent and blessings may suffice (What else can you submit?).

For I-20's I think you should seek help from your educational institutions to provide you a copy (I think you should also have a copy of it).

Thanks
 
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