RFE's from INS on I-485

[aga1793]

Hi All:
I and wife had applied for our I-485 adjustment of status in April 2004. Both of us got an RFE from USCIS asking for more evidence.

Specifically, the RFE I got states that:
"Since the birth certificate did not list your name, you must provide secondary evidence of your birth and parentage. Please submit the oldest available evidence which established your birth and parentage. This evidence may include, but is not limited to:
a. Hospital birth records which name you and both your parents.
b. Medical records which name you and both your parents.
c. School records which name both you and your parent.
d. Census records which name you and both your parents."

My wife got the following RFC:
"Submit evidence to demonstrate that your present marriage to Amit is bona fide. This evidence may be in the form of birth certificates for common children, rent receipts, documentary evidence of joint ownership of property, joint income tax returns, joint accounts, etc. If you fail to submit any evidence, or if you submit inefficient evidence, your application may be considered for denial."

For my RFC, I plan to submit an affidivit each from my parents, since my originial birth certificate did not contain my name.

For wife's RFC, I plan to submit our joint income tax returns for the last two years. In addition, my bank manager will be sending me a "To whomsoever it may concern" letter indicating that I and my wife have a joint bank account"..

I'm looking for your opinions especially folks who have received such an RFC in the past - on whether this would be sufficient.

Thanks!!!

Amit

 

[pralay]

For my RFC, I plan to submit an affidivit each from my parents, since my originial birth certificate did not contain my name.

In addition to affdavits from parents you can attach your school leaving certificate (where you should have your date of birth mentioned too).

For wife's RFC, I plan to submit our joint income tax returns for the last two years. In addition, my bank manager will be sending me a "To whomsoever it may concern" letter indicating that I and my wife have a joint bank account"..

I think joint tax returns and bank statement should be sufficient. If you rental lease agreement or mortgage agreement with both of your names, you can send them too.

 

[aga1793]

One thing I noticed was that most of the school records only name the father, but not the mother. The INS has requested for documentation containing name of both parents. I wonder if this might still present an issue when submitting the school records to the INS.

 

[pralay]

One thing I noticed was that most of the school records only name the father, but not the mother. The INS has requested for documentation containing name of both parents. I wonder if this might still present an issue when submitting the school records to the INS.

School record is secondary proof. That won't create any issue. Your primary proof is affdavits.

 

[aga1793]

Thanks for the great information. I really appreciate it. My lawyer also advised me that on the affidivit, my parents need to state why my name is missing on my birth certificate, and when I was named.

My parents affdivit is going to state that my name was missing because in India according to hindu traditions, a naming ceremony needs to take place, before the baby is given a name. Hence, the hospital records, and birth certificate don't have a name on it. I was wondering if anyone has the appropriate "wording" for this that I can send to my parents.

Thanks!!

Amit