I got a 485 RFE today. For my RFE my birth certificate does not contain my mother's name and spouse RFE is her name was not mentioned in her birth certificate.
We just recieved notices and We only have a week to respond and that means we need to post back to USCIS in 3 or 4 days, I want to check with you see what secondary evidences can be produced to address this.
To address my RFE (Mother's name is missing) -
Can I provide my Passport copies that has both my Father and Mother's name? I do not have any other document to show my mother's name.
To address my Spouse RFE (Her name is missing) -
Can I produce her school certificates that show her date of birth? Other document we have is her Passport that has her date of birth listed.
Please advice ASAP what can be done to address this Query well and soon..
First thing, approach your lawyer about this.
I can help you with what I did for my application. I did not have my Birth Certificate so I submitted affidavits from my mother, father and uncle in India.
Format for this affidavit is located here.
I believe affidavits should suffice but please confirm with your lawyer if you don't have one please pay some money and consult an immigration lawyer. This is pretty serious issue, it affects all your plans.
PD Sep, 2004, India
I485 --Pending since Jul, 07, AD Sep 1, 2009.
I140 -- AD -- Jun 02, 07.
AP Renewal -- AD Dec 10, 08.
EAD Renewal -- AD Nov 22nd, 08 valid till 2010.
While it is very common to not have last name in one's birth certificate, mother's name totally missing is not common. I hope it can be easily rectified by applying for a certificate from the municipality again
the recourse now is
- a get affidavits from your mother, father, relatives/family friends who can attest your date/time of birth along with your parents information. This is a standard format and it should be done on Rs100 - stamp paper which should be duly notarized in India and registered in the court of law
- apply for an new copy of birth certificate with a request to include your mother's full name and provide evidence of application as well as approved /duplicate issued.
Follow which ever option is quickest.
Disclaimer: Not a legal advise
1996 for 1st MS
PD EB2 Jan 2001, 9/11 ,(BEC ,pink slip)
H1 new empl - Dec 02
EB3 RIR, INDIA(Empl mess up)
PD: Sep 2003 , 2nd MS - SE
140 Approval: March 2004
3EADs , 4FPs
3APs, 485 approval -- 07/30/2007
GC in Hand - 08/07/2007
First in flower campaign
Calls to Congressmen,Senators
Letter for administrative fixes
Periodic donations to IV
Still with IV.
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