Help: RFE (I485) : Birth Certificate and Proof of Citizenship

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Hello Sajha frens,

I had applied I-130 and I-1485 together with AP and EAD for my spouse on 6 August 2013, since F2A is current.
We have received request for evidence notice from USCIS for two reasons.

i) They are asking proof of citizenship though I am permanent resident.
I am planning to send a copy of of greencard and a letter stating that F2A visa category is current.
Any sugesstions if you guys have already received RFE?

ii) USCIS has issued RFE for my spouse birth certificate.
We had submitted translated and notorized "Birth Registration Certificate" done by notoary public.
Will it be fine if we submit native (Nepali) copy of birth registration certificate along with english translated?
Look forward for valuable advices.

Thank you all in advance.

Last edited: 02-Sep-13 02:28 PM

Last edited: 02-Sep-13 02:30 PM

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Jangali Maanab

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Hariyo_patta,

i. You are not the only one to receive RFE for citizenship during this process recently. May be some of the folks who are in the same boat might shed some light on it. I think sending the letter stating that F2A is current and a copy of your green card should be fine.

ii. It seems that you did not send the copy of original birth certificate ( in Nepali) while you filed for adjustment of status. Sending the copy of original birth certificate and its translation should be good enough.

Good Luck!

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

- Jangali Maanab

hariyo_patta

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Thanks Jangali Maanab.
I will do the same. Fingers crossed.

budhobalak

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I don't think sending the copy of permanent residency and stating the F2A being current again is going to help, which you should have sent, while sending the package, please refer to the thread i485 query, getting RFE regarding spouse citizenshp

kailoketa

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If a VDC provides a birth certificate in English that says something like shown below, do you think it is accpetable to the USCIS? This is what a close friend of mine got from his VDC.

Birth Certificate
To Whom It May Concern:

This is to certify that Mr. XYZ, son of Mr. LMN OPQ and Mrs. ABC DEF, currently a resident of Ward No. 7, was born in Ward no.8 on 11th November, 1980.

It doesn't mention anything about whether the birth was registered there or not, thus my curiousity.

Thank you in advance for your input.

Last edited: 03-Sep-13 02:46 PM

Regina

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Hello Hariyo patra ji,

Yes its ok to submit the Nepali copy along with the translated one, I sent mine the same way.

Thank you

hariyo_patta

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Thanks Regina ji.

Regarding proof of citizenship, I am sending proof of greencard (which I had sent earlier too) and explain the situation with F2A as current. Now I dont have an option to change Part 2 of I-485 application.

We have biometrics appointment scheduled for 6 Sept. Hope that will not be affected due to pending RFE.

sahansil

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I called to USCIS and the lady informed me that I need to send a copy of Visa bulletin(August for mine) and a letter stating that F2A is "Current" therefore I-485 applicant being spouse of LPR can file for AOS.

Jangali Maanab

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@ Kailoketa,
The sample birth certificate from the VDC only works if the district, in which the VDC lies, did not officially start to register the birth of a child, at the time when the petitioner was born. Please refer here the districts and the year when the districts started registering birth certificate: http://travel.state.gov/visa/fees/fees_5455.html?cid=9693

If your birth registration was not available during the birth, a letter from VDC saying no birth registration is available and two affidavits from parents and/or close relatives should be sent to USCIS.

There might be few cases where USCIS has accepted birth certificate letter from VDC, no matter when the petitioner was born. But, make sure you DO the right thing to avoid any negative consequences.

Futher, People who have received the similar RFE as (i) in the original thread should respond as Sahansil suggested.

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

- Jangali Maanab

Last edited: 04-Sep-13 03:20 PM

kailoketa

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thank you JB for the suggestion and the link.

evilinside

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@BityoJiba, recently I got RFE on my birth certificate. No, Idea how to get my birth certificate, I don't have it back at home either. I am not from Kathmandu and it seems impossible to get it from my birth place's VDC (It’s a remote VDC in Gulmi, I never been there once we moved to Butwal 20 years ago so did my parents). I got both Citizenship n passports from Butwal. How did you get your birth certificate?

Any suggestions on this situation will be appreciated.