Hello friends, 
I have received RFE on my birth certificate for I-485. My birth certificate was provided to me by VDC from where i was born. It has my parents name, my name and place of birth. USCIS still issued RFE. What can be done now ? Birth certificate was issued in Nepali and i had it translated to English and notaraized from Lawyer in Nepal.

Any input would be highly appreciated.

I have attached a copy of my birth certificate that was provided to me from my VDC. Thanks.

You have two options-
1. Get original certificate itself from VDC in English. Most VDCs do that these days.
2. Get the translation in English, and get it motorized (certified that translation is correct), from the secretary of the same VDC who issued the original.In this case submit translation +original.
USCIS don't accept any third party documents.

 US returnee,

1. What exactly does your RFE say? 
2. Was your English translation certified by the translator? Has he/she said the copy was true and verified and signed? I think the certification is important, not just the notarization.


Sometimes, USCIS acts so strange, you never know why they send RFE. I know a case where USCIS sent RFE requesting to submit a copy of marriage certificate and/or its translation (if applicable) for I-130. A copy of marriage certificate and and its "certified copy" was sent along with form I-130. The petitioner didn't know what to do, he had no other options (because their marriage was genuine and the certificates were authentic) but to send the same copies of the certificates as a response to RFE. His I-130 was approved within a month of sending the documents again.

Here, I am NOT advising you to re-send the documents to USCIS nor I am knowledgeable to give you any advice. I just wanted to share you a true story. 

A few more, You donot need to submit the Original certificates until USCIS asks for them. If you do so, you may not be able to receive your originals back. English translation can be done by anyone (who has commanding knowledge of both the languages) but has to be certified, as per USCIS.

(IMPORTANT: I am NOT a lawyer. This is my personal opinion and should not be used as a legal advice)

- Jangali Maanab

RFE says "Please submit a photocopy of your official birth certificate. If the document is not in English, please include a certified English translation. If a birth certificate does not exist or cannot be obtained, you must demonstrate this and submit secondary evidence pertinent to the facts at issue"


It doesn't say there's anything wrong with the Birth Certificate. Could it be that they didn't see my photocoy of birth certificate or it went missing ?

yes i had it translated and certified.

@US Returnee, did you submit a copy of your citizenship WITH its English translation done by the Nepalese government?

 US Returnee Jee: You mentioned that you provided a english  translation of the birth certificate . Can you post it over here as well? Becasue what it seems like is your birth certificate says "janma miti pramanit bare" that will litteraly translate into " Verification of Birth Date". Please, remember whoever is looking at these documents in USCIS they are specially looking for "Birth Certificate" in the documents. Could be if they overlooked if what your birth certificate heading contains. 

Can you make sure your document contains the heading of "Birth Certificate" or "Certificate of Birth"?

Please, understand I am not an lawyer but I am providing my view. 

Perrybhadra Jee..
I had the same thing in mind. The letter provided to me by VDC has subject as "janna miti pramanet baare"...
I asked them if there is any letter head that says "janma darta"... They said that's all they have..

But while translating my lawyer put subject as : "in relating to birth certification". So that was not an issue I think..

 Yes, I too agree that USCIS officer might be looking for "Birth Certificate" or related words in the subject line. The officer might have thought that you did not send the birth certificate with the application and hence send you an RFE. We all are guessing here what might have happened. As I pointed out about RFE in my earlier post, USCIS might approve your application if you respond to the RFE with the same documents. The decision is yours and you have to bear all the risks and responsibilities, we are here, just to express our opinion.

The other solution you may have is: Call back home and get another certificate from VDC. Make them write "Janmamitiko Pramanpatra" or something similar. I don't think this will be a big deal, as you are just changing the words, not doing any fraud, all your info is already there. Get the English translation of the certificate. As you may be running out of time to respond to RFE, ask for a scanned copy from your family members, print and send them to USCIS. Remember, you need the original copy during the interview (if you are scheduled for). So, tell your relatives to send the originals with someone visiting US or mail them to you ASAP. Most of the VDC (however, it doesn't seem so in your case) these days have English letter pad. If so, you may get the certificate in English from the VDC itself.

I don't think it is a good idea to twist the words during the English translation. I don't understand why the lawyer was tempted to do that. Remember, you are sending the original and the translated copy together to USCIS.

Your case updates might be beneficial to other people, who are in the same boat as you are in. Please share, HERE, how you tackle this situation.


(IMPORTANT: I am NOT a lawyer. This is my personal opinion and should not be used as a legal advice)

- Jangali Maanab

@US RETURNEE. Like your's I had a same birth certificate. VDC translated into English and stamped/signature on their letter head. Without any problem my I-485 was approved.

As per my lawyer , it has to be approved by VDC not by bank /lawyer/.. esp third party. 

If possible ask someone back in Nepal to translate into English and emailed you the copy.

If USCIS call for the interview you need to submit the original one oths copy will be sufficient.

Good luck ! 

nepaliz one,
Was your letter head in Nepali ?
So is it possible to type in english on nepali letter head ? please explain how you did it.

Thanks.

or, type it in english in a blank paper and have VDC stamp and sign on it ?

Thanks.

@US RETRUNEE .. letter head was English. They will take couple of hrs to translate ( if you give some $$ they will do it quick)

FYI VDC carries both English and Nepali letter heads. There shouldn't by any problem I guess.

Nepaliz one,

The frustrating part is, i don't think my VDC has a English letter head. Otherwise i would have done that long time ago. One of the most frustrating thing about these rural, undeveloped areas.

Not sure how to deal with it.

@ US Returnee: You didn't answer me to my question above, so I am asking the same question again?

"Did you submit a copy of your citizenship WITH its English translation from the Nepalese government."

This might sound irrelevant, but trust me, I know someone who had his I485 accepted with these two in lieu of BC.

Of course, I am NOT suggesting you do this now as an RFE elicits a greater level of scrutiny and the officer will want specific documents - you are in no position for a hit and trial run.

Remember, s/he has to answer his supervisor in the adjudication process and s/he needs to cover his/her base too. Those little two pieces of paper could have probably spared you some pain in the rear if they were included in the I485 packet at the first go. But I wanted to know the answer as that might be one little addition to the aromor for those who are reading this and want to apply in the coming days.

Haha I thought it said "bitch" certificate. I do know couple of bitches who deserve certificates.

Kailoketa,
I didn't include tranlated copy of my CItizenship. As many people said, Citizenship copy doesn't work for USCIS as a proof of Birth Certificate.

Where can i translate my citizenship details to English ?

I may include that as well while i respond to RFE.

Thanks.

@ us returnee:

There are professional/certified translators that you can find online who will translate for a fee. But I was talking about the one translated by the Government of Nepal, Ministry of Law, Justice and Parliamentary Affairs, Law Books Management Board.

Thanks for the reply.

 i think it is no more done at kitabkhana but at "notary public" it was how when i was there in 2011.

Just to Update on my case:

I was able to get new Birth Registration Certificate from my VDC. In fact, we do have "Birth Certificate" in Nepal not just a letter issued by VDC. Those who are getting approved with letter from Municipality or VDC got away with it luckily but getting an Original Birth Certificate doesn't hurt. It's written in Nepali and English. Looks pretty good.
Since it was registered late (two days ago in my case), VDC has written a letter saying that Nepal custom doesnot mandate you register your birth within a year of birth. Reporting of Birth is voluntary in Nepal. If birth is registered within 35 days it can be registered FREE and if you want to register later you'll have to pay nominal fee. That should be enough for USCIS.

Hope this helps to you.
Here's a sample:

US Returnee Just send the same document, they are just checking to see if you are going to provide that or something different so just be consistent, because in many instances people get scared and send something different (Format wise) which makes them suspicious.. God Speed!