I-485 RFE - July 2007 filer - EB2.

[rbalaji5]

Eb2 - India. We filed I140 and then I-485 in July 2007. PD May 2007. Got I-140 approved. EAD / AP approved for me / spouse and Kids. They soft LUD on I-485 after one week of I-140 approval. and My spouse got the RFE.

We just submitted a affidavit during my i485 filing in July as dont have her birth certificate at that time. Now we got RFE for my spouse saying that they need the birth certificate or Non-availability certificate. When we checked with the Birth Registration office, They have the birth certificate but with different Birth date(Her parents changed her Date of Birth during pre-school admission) - Now new DOB is reflected in all her Officical Documents(school vertificate, Passports, Driving License etc) whereas her birth certificate has the original date. Shall I submit the original Birth Certificate alongwith the Affidavit saying the mistake made by her Parents as the response this RFE. Since the Birth certificate is available in the registration office at different date, they refused to provide the non-availability certificate.

Gurus - Please advise.

[gotgc?]

I have the same issue...my original DOB is different from whats in all my offical documents....local muncipality in India had my birth certficate with original DOB...I said we dont have birth certificate at all...so, they issued me certificate of non-availability....this should be easy to get....

if you submit the original one with different DOB than whats in the passport, it will screw up the whole thing.....

[webm]

Get a non-availability certificate from the local municipal office and submit it to USCIS..on a safer side..


HTH,

[dingudi]

Eb2 - India. We filed I140 and then I-485 in July 2007. PD May 2007. Got I-140 approved. EAD / AP approved for me / spouse and Kids. They soft LUD on I-485 after one week of I-140 approval. and My spouse got the RFE.

We just submitted a affidavit during my i485 filing in July as dont have her birth certificate at that time. Now we got RFE for my spouse saying that they need the birth certificate or Non-availability certificate. When we checked with the Birth Registration office, They have the birth certificate but with different Birth date(Her parents changed her Date of Birth during pre-school admission) - Now new DOB is reflected in all her Officical Documents(school vertificate, Passports, Driving License etc) whereas her birth certificate has the original date. Shall I submit the original Birth Certificate alongwith the Affidavit saying the mistake made by her Parents as the response this RFE. Since the Birth certificate is available in the registration office at different date, they refused to provide the non-availability certificate.

Gurus - Please advise.

rbalaji,

If you don't mind sharing can you please give info like, your priority date, which service center your application is being processed.

Looks like they have begun processing applications filed in July 07.

[ajju]

Get a non-availability certificate from the local municipal office and submit it to USCIS..on a safer side..
HTH,

Or get the birth cert from Indian Embassy in US... They'll issue it based on her passport..
takes about 2-4 weeks... unless you can go and get it personally...

[rbalaji5]

rbalaji,

If you don't mind sharing can you please give info like, your priority date, which service center your application is being processed.

Looks like they have begun processing applications filed in July 07.

NSC - PD MAY 29 2007.
I-140 APPLIED ON JULY 06TH 2007
I-485 APPLIED ON JULY 27 2007.
I-140 APPROVED ON JAN 15TH 2008

[rbalaji5]

Or get the birth cert from Indian Embassy in US... They'll issue it based on her passport..
takes about 2-4 weeks... unless you can go and get it personally...

It is not a Valid Birth Certificate for USCIS

[roseball]

It is not a Valid Birth Certificate for USCIS

Just an FYI, I applied my wife's I-485 with the Birth Certificate issued by Indian Embassy in Houston, TX....I went there personally and got it issued the same day...They issue it based on the DOB in your passport...Then later I got her BC done from the local municipality along with affidavits from her parents...I sent them to my attorney and he said he will only send them to USCIS if they send a RFE asking for the same.....He said its of no use to mail them without an RFE as they will lose them.....My PD is EB-3 India Nov 2003, and I haven't received any RFE so far regarding her BC...

[rbalaji5]

Just an FYI, I applied my wife's I-485 with the Birth Certificate issued by Indian Embassy in Houston, TX....I went there personally and got it issued the same day...They issue it based on the DOB in your passport...Then later I got her BC done from the local municipality along with affidavits from her parents...I sent them to my attorney and he said he will only send them to USCIS if they send a RFE asking for the same.....He said its of no use to mail them without an RFE as they will lose them.....My PD is EB-3 India Nov 2003, and I haven't received any RFE so far regarding her BC...

Is there any LUD for the filed I-485..If there is a LUD and no RFE, then I am surely go and get one from Indian embassy.