REF HELP!

[iishin 2]

Hello guys.

I received an RFE on the 11th of March. Finally got the hard copy on the 22nd. That 11 full days of (bs).

Anyways, on the I-129f, question 17. Is your fiance related to you. Being honest and truthful! I put down as 2nd cousin. I also explained in on the I-129f question 18 on a supplement document how we are related.

NOW the jerk who's handling my petition wants proof that we are related. ####### am I suppose prove we are related other then my parents word? I simple dont get it? Here is the exact request.

Relationship: How are you related to your fiance. For example, are you first cousins. Second Cousins? Please submit evidence to demostrate the degree of the relationship between you and your fiance. Evidence may include birth documents for both the petitioner and his/her fiance, family registries, marriage certificates, etc.

How am I going to proof anything other then writing a statement and having my parents sign it? Please help me if you can. I realize by filling out another I-129f and answering question 17 as NONE can also do the job, bypass this RFE. However, how truthful is that BS?

[Bernie C 24]

In this case the person handling your petition is not a "jerk", but doing his/her job correctly based on the information you provided.

You answer your own question in your post under "relationship", as "Birth Documents, Family Registries, Marriage Certificates".

Not sure how difficult it may be for you to obtain the pertinent background information to show these relationships, but it appears you have a bit of a challenge at hand.

Hopefully some others who have had a similar instance can provide some insight on what options you may have as far as providing other documents and what may be acceptable to show this relationship.

If you had selected "none" and a relationship issue came up down the road you would be stuck in the same boat and needing the documentation at the interview level. Better to address it honestly and correctly now to avoid potential issues down the road.

Because you have indicated that you are related they need to verify the degree of relationship. I believe from some resources that I read that all states in the USA permit the marriage of 2nd cousins - so that is not the problem. The problem is for you to prove the degree of relationship.

Hope everything works out.

[NigeriaorBust 4,087]

Draft a little family tree to show the relationship and get your parents to sign it. If that isn't good enough it should at least buy you time to get birth records for the people involved.

[iishin 2]

In this case the person handling your petition is not a "jerk", but doing his/her job correctly based on the information you provided.

You answer your own question in your post under "relationship", as "Birth Documents, Family Registries, Marriage Certificates".

Not sure how difficult it may be for you to obtain the pertinent background information to show these relationships, but it appears you have a bit of a challenge at hand.

Hopefully some others who have had a similar instance can provide some insight on what options you may have as far as providing other documents and what may be acceptable to show this relationship.

If you had selected "none" and a relationship issue came up down the road you would be stuck in the same boat and needing the documentation at the interview level. Better to address it honestly and correctly now to avoid potential issues down the road.

Because you have indicated that you are related they need to verify the degree of relationship. I believe from some resources that I read that all states in the USA permit the marriage of 2nd cousins - so that is not the problem. The problem is for you to prove the degree of relationship.

Hope everything works out.

I agree he/she is doing their job. However, I was born in a refugee camp in Thailand in 1975. I will never sniff a birth certificate or be able to obtain any documentation to proof we are 2nd cousins. She is from Laos, the neighboring country. How do I even go about obtaining such proof except for obtaining DNA or something from some 3rd world country. My parents are refugees from War torn country laos in 1970s. Families were split apart back then and never reunited. USCIS should at least understand that having to proove our kinship from the 70's is far, far away from being easy. Hopefully maybe someone who is petitioning for brother, sister or uncle, aunt and chime in.

[Veronik 19]

Wow, I feel for you!

You could use an online tool such as ancestry.com, and since not much will pop up as you mentionned, you could use that as a way of showing them that what they're asking is impossible. The idea of having a family member sign a family tree is not a bad idea either, especially if you get it certified by a notary. Also, you can go on justanswer.com and ask an expert their opinion for 20$.

I hope this helps and my thought are with you on what is turning out to be a difficult visa journey for you...

Keep your head up!

[pushbrk 12,569]

I agree he/she is doing their job. However, I was born in a refugee camp in Thailand in 1975. I will never sniff a birth certificate or be able to obtain any documentation to proof we are 2nd cousins. She is from Laos, the neighboring country. How do I even go about obtaining such proof except for obtaining DNA or something from some 3rd world country. My parents are refugees from War torn country laos in 1970s. Families were split apart back then and never reunited. USCIS should at least understand that having to proove our kinship from the 70's is far, far away from being easy. Hopefully maybe someone who is petitioning for brother, sister or uncle, aunt and chime in.

I would take a systematic approach while doing all you can to remove the emotion from the process. All you can do is all you can do but you must do ALL you CAN do. First determine what documentation IS available and provide that. If none or insufficient to demonstrate exactly how you are related, then draft a letter as professionally as possible to explain as many details of the family tree and/or how your parents came to conclude the relationship. Have them sign this letter before a Notary and send it. You might want to read the petition instructions regarding "unobtainable documents" and apply those standards.

Here's the kind of detail you'll need to provide.

SHE is the daughter of my Mother's Uncle, John Doe. So, then for example, your mother would sign a notarized statement indicating the relationship and explaining why no documentation is available. If you don't feel competent to produce such a document, ask for help.

[iishin 2]

I would take a systematic approach while doing all you can to remove the emotion from the process. All you can do is all you can do but you must do ALL you CAN do. First determine what documentation IS available and provide that. If none or insufficient to demonstrate exactly how you are related, then draft a letter as professionally as possible to explain as many details of the family tree and/or how your parents came to conclude the relationship. Have them sign this letter before a Notary and send it. You might want to read the petition instructions regarding "unobtainable documents" and apply those standards.

Here's the kind of detail you'll need to provide.

SHE is the daughter of my Mother's Uncle, John Doe. So, then for example, your mother would sign a notarized statement indicating the relationship and explaining why no documentation is available. If you don't feel competent to produce such a document, ask for help.

Thanks for the responses. You know the process (ROAD BLOCK)is not easy. Having to explain to my fiance who's in a 3rd world country is not easy and very discouraging. I don't even want to mention the roadblock to her.

Also, If you read the RFE carefully. It fully states "Evidence may include birth documents for both the petitioner and his/her fiance". The word "May"? Well, first of all. We already obtained her birth certiciate last month. HOW does this prove we are related? I don't own a BF but I a US citizen. Family registry? NOT! Do we even have those in the USA? Sorry, I'm just very discourage right now.

I've already sent my RFE and it was received, noted the petition is back for review. I hope to receive a response sometime soon. I basically wrote a professional letter stating the lineage tree, information on how my fiance and I are related. How my family history came to be, Why we are here in the US and my mother's side of the family is in Lao. How difficult it would be to prove we are second cousins living half a world apart. Signed by parents and submitted.

Looking back, I think It was best to just LIE and say we had no relations and continue to LIE. If I get denied, I'm would have to re-petition and answer "NO" on question 17. Thanks for your comments.

Edited March 25, 2010 by shin8651

[pushbrk 12,569]

Thanks for the responses. You know the process (ROAD BLOCK)is not easy. Having to explain to my fiance who's in a 3rd world country is not easy and very discouraging. I don't even want to mention the roadblock to her.

Also, If you read the RFE carefully. It fully states "Evidence may include birth documents for both the petitioner and his/her fiance". The word "May"? Well, first of all. We already obtained her birth certiciate last month. HOW does this prove we are related? I don't own a BF but I a US citizen. Family registry? NOT! Do we even have those in the USA? Sorry, I'm just very discourage right now.

I've already sent my RFE and it was received, noted the petition is back for review. I hope to receive a response sometime soon. I basically wrote a professional letter stating the lineage tree, information on how my fiance and I are related. How my family history came to be, Why we are here in the US and my mother's side of the family is in Lao. How difficult it would be to prove we are second cousins living half a world apart. Signed by parents and submitted.

Looking back, I think It was best to just LIE and say we had no relations and continue to LIE. If I get denied, I'm would have to re-petition and answer "NO" on question 17. Thanks for your comments.

So, if you already sent your response (sounds like a good one pretty much what I suggested) then I'm confused as to the purpose of starting this thread. However, if denied, you won't get away with starting over and lying, as they'll reference this petition and its correspondence. Bad idea. Nobody expects you to be happy about the situation you find yourself in but you have two choices, to comply as best you can or give up. Sounds like you made the right choice.

[iishin 2]

So, if you already sent your response (sounds like a good one pretty much what I suggested) then I'm confused as to the purpose of starting this thread. However, if denied, you won't get away with starting over and lying, as they'll reference this petition and its correspondence. Bad idea. Nobody expects you to be happy about the situation you find yourself in but you have two choices, to comply as best you can or give up. Sounds like you made the right choice.

I was hoping that someone fell into the same situation and resolved, provided the proper evidence.

USCIS does not exactly tell you want they consider EVIDENCE.

I hope I'm not the only one who has ever faced an RFE like this.

[pushbrk 12,569]

I was hoping that someone fell into the same situation and resolved, provided the proper evidence.

USCIS does not exactly tell you want they consider EVIDENCE.

I hope I'm not the only one who has ever faced an RFE like this.

Well I haven't seen one in my several years here. We may have been more help if you had asked before instead of after mailing your response but it sounds like you did ok anyway. Now you wait.

[Nik+Heather 121]

Just for future reference, many records from Laos are not available from before 1975, AND the US government recognizes this. Check out the DOS reciprocity table and the comments under the documents section.

http://travel.state.gov/visa/frvi/reciprocity/reciprocity_3602.html#docs

The documents are unavailable to the petitioner (anyone outside of Laos).

I hope that your parent's statements are accepted. Lower down, it says that for identities and births, the sworn statements of three people is what they use now.

[iishin 2]

Update - My I-129f was accepted 3/26th with my response to the RFE.

LESSON learned and hopefully someone in the foreseeable future can use this info.

When you want to marry you second cousin, I guess you have to write an extra INTENT to marry in whatever state your living in. Since some states do not allow first cousin marriages but mostly all allows second cousin marriages. I guess you also have to write an Affidavit, swore statement signed by at least 2 people, 3 preferred and explain how you come to be related. I think it helps to create a family tree since in some cultures, kinship, lineages are viewed differently. Anyway, THANK YOU all for you response.

[baron555 934]

I would take a systematic approach while doing all you can to remove the emotion from the process. All you can do is all you can do but you must do ALL you CAN do. First determine what documentation IS available and provide that. If none or insufficient to demonstrate exactly how you are related, then draft a letter as professionally as possible to explain as many details of the family tree and/or how your parents came to conclude the relationship. Have them sign this letter before a Notary and send it. You might want to read the petition instructions regarding "unobtainable documents" and apply those standards.

Here's the kind of detail you'll need to provide.

SHE is the daughter of my Mother's Uncle, John Doe. So, then for example, your mother would sign a notarized statement indicating the relationship and explaining why no documentation is available. If you don't feel competent to produce such a document, ask for help.

Ditto to all he said. Try not to be a jerk and be professional about it and you'll be fine.