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ssma2007 Contributor

ssma2007   0

Posted
Filed: Citizen (pnd) Country: India
 Timeline
Posted

Hi All,

We received RFE regarding the Birth Certificate. Like for lot of us in India, her birth certificate does not have her name, only the parents name.

The accompanied letter is confusing.

In one place it mentions

"In cases where birth certificates from the appropiate authorities are unavailable or contain insufficient information regarding the birth or the parents, a sworn affidavir executed by either the parents, if living, or other close relatives other than the applicant, may be submitted...."

However the letter also mentions the follwoing in BOLD letters:

If the birth certificate showing the child's name does not esist, or is unavailable, please submit a document from a governmental authority certifying that the birth certificate showing the name of the child does not exist or is unavailable"

I have the affidavit and birth certificate (with no name) but not sure I can get the non-availability certificate. Will the affidavit suffice? Any help will be appreciated.

K1 Timeline

03/29/2007 - NOA1

04/11/2007 - NOA2

04/17/2007 - NVC forwarded the case to Mumbai Consulate.

04/27/2007 - Packet3 sent to the Consulate.

07/20/2007 - Interview. Received 221g (more relationship documents)

08/06/2007 - Follow-up Interview. Success

AOS Timeline

09/14/2007 - Sent I-485, EAD and AP papers via FedEX

10/11/2007 - Biometrics for AOS and EAD

10/25/2007 - AP and EAD approved. AP mailed

11/03/2007 - Received AP

11/08/2007 - Received EAD

11/15/2007 - Transferred to CSC

12/28/2007 - RFE -- Waiting

03/18/2008 - GC

Removal of condition

01/11/2010 I-751 sent

01/14/2010 Recd by VSC

01/15/2010 Check cashed

02/17/2010 Biometrics

04/28/2010 10 Year Card Production ordered

05/06/2010 Card Received

Naturalization

12/17/2010 N-400 sent

12/20/2010 Recd by Texas Lockbox

12/22/2010 Check cashed and NOA

01/19/2011 FP (walk-in)

02/18/2011 Recd Yellow letter

03/14/2011 Online Status Update

04/21/2011 Interview

05/06/2011 Oath

ELW Experienced

ELW   5

Posted
Filed: Citizen (apr) Country: India
 Timeline
Posted

Hello, sorry you are having trouble at this late stage. :( Did you just get the Affidavit now, or did you send that also with the AOS packet? Do you have any other certificate (such as Caste certificate or 10th class certificate) that has both parent's names and her name on it? If not, you might have to get her relatives in India to contact the Municipal and try to get a statement, though I know it is really hard to do. Worst case scenario, submit the Affidavit only, and hope for the best.

My husband did not have a birth certificate at all, but he did have a Caste Certificate. So he submitted that, as well as an Affidavit from his mother, and was approved with no problem.

Wishing you the best of luck! :thumbs:

By the way Converse34, my husband got his passport just by showing his ration card and voting card! Things can be pretty "adjusting" in India! :whistle:

***Nagaraju & Eileen***
K1 (Fiance Visa)
Oct 18, 2006: NOA1
Feb 8, 2007: NOA2
April 13, 2007: INTERVIEW in Chennai -Approved
May 25, 2007: USA Arrival! EAD at JFK
June 15, 2007: Married
AOS (Adjustment of Status)
June 21, 2007: AOS/EAD Submitted
Sept 18, 2007: AOS Interview - APPROVED!!
ROC (Removing of Conditions)
June 23, 2009: Sent in I-751 packet
Sept 11, 2009: APPROVED!!
Sept 18, 2009: Received 10-year Green Card!

Naturalization
July 15, 2010: Sent N-400 packet
July 23, 2010: NOA Notice date
Oct 15, 2010: Citizenship Interview - Passed!
Nov 15, 2010: Oath Ceremony in Fresno, CA
Nov 24, 2010: Did SSN and Applied for Passport
Dec 6, 2010: Passport Arrives
Dec 7, 2010: Sent for Indian Passport Surrender Certificate
Dec 27, 2010: Surrender Certificate Arrives
Jan 3, 2011: Sent for Overseas Citizenship of India Card
March 1, 2011: Received OCI card!

Divorce

Feb 2015:​ Found out he was cheating (prostitutes / escorts)

​May 2015: Divorce Final

DL Austin Rookie

DL Austin   0

Posted
Filed: AOS (pnd) Country: India
 Timeline
Posted

ssma2007,

I think you have a couple of options.

You can try to get your relatives or friends in India to go to the municipal office and obtain a non-availability certificate.

You can also try to use mymaninindia.com. It's kinda pricey but if you don't know anyone back in India who can get the certificate, this might be the way to go. I have not used them, so I can't speak from personal experience.

In my own case, I ended up using a BC from the Indian Consulate in New York. I sent them my passport and $20, and they sent me a BC. It clearly states that the BC is based on the information in my passport. I used that with my 485 and have not received an RFE (yet)... My birth was not registered in 1973 and when my dad tried to get a non-availability certificate from the Municipal Corporation in Hyderabad, those a-holes gave my dad the run-around. I just wanted to go postal, but that's another story.

Anyway, good luck to you!

10/11/07: Mailed I-130 & 1-485 packages to Lockbox

10/13/07: Package gets to Chicago post office. No further tracking info from USPS!

10/23/07: Checks cashed

10/25/07: NOA for I-485, I-130, I-765, I-131. Status available online.

10/29/07: Received FP Notice.

11/15/07: FP

12/10/07: EAD and AP approved.

02/15/08: Interview

Stuck in name check.

DC Sparrow Explorer

DC Sparrow   0

Posted
Filed: K-3 Visa Country: India
 Timeline
Posted

ssma2007,

I think you have a couple of options.

You can try to get your relatives or friends in India to go to the municipal office and obtain a non-availability certificate.

You can also try to use mymaninindia.com. It's kinda pricey but if you don't know anyone back in India who can get the certificate, this might be the way to go. I have not used them, so I can't speak from personal experience.

In my own case, I ended up using a BC from the Indian Consulate in New York. I sent them my passport and $20, and they sent me a BC. It clearly states that the BC is based on the information in my passport. I used that with my 485 and have not received an RFE (yet)... My birth was not registered in 1973 and when my dad tried to get a non-availability certificate from the Municipal Corporation in Hyderabad, those a-holes gave my dad the run-around. I just wanted to go postal, but that's another story.

Anyway, good luck to you

Well High School certificate is fine. In mine High school certificate my mother's name is not there. I got mine visa and there is no problem in US also. I think in US they just see the Visa. because on visa birth date is also mention. I got the driver's license also for my dob they were satisfied with the valid US visa.

Thanks

Vinod

If you have any question please feel free to ask.

I-130 Petition -Timeline

10-04-06 - Petitioner (wife) sent I-130 to USCIS Vermont Service Center

10-14-06 - Petitioner received NOA 1 "Receipt Notice"

01-17-07 - USCIS NOA2 "Approval Notice"

I-129F Petition Timeline

09-22-06 - Married in India

10-19-06 - Petitioner sent I-129F to USCIS Chicago

10-27-06 - Petitioner received NOA 1 "Receipt Notice"

01-17-07 - USCIS NOA2 "Approval Notice"

I-485 AOS Timeline

05/26/07 - Submitted I-485 package to USCIS Chicago

06/01/07 - USCIS sent I-797C NOA "Rejection Notice" and returns cashiers check

06/08/07 - Called USCIS to inquire why check was returned; USCIS confirms correct fee and advises to re-submit check and I-485 package to Chicago.

06/29/07 - NOA2 "Receipt Notice" received from USCIS

07/17/07 - Biometrics appointment at USCIS York, PA

07/31/07 - Rec'd NOA4 (AOS Interview Notice)

09/20/07 - AOS Interview at USCIS Philadelphia, PA

03/04/08 - Green Card received ( Valid till March 04, 2010 )

I-751 ROC Timeline

12/24/09 - Sent Package to Vermont Service Center

12/29/09 - USCIS Received Package

01/02/10 - Received one year Extention letter from USCIS Vermont Center

01/08/10 - Received Biometric Appointment Date - 01/26/10

01/21/10 - Early Biometric done

04/21/10 - Approval letter received

04/23/10 - Green Card Received Valid- March 15, 2020

[b]N-400 Time line

12/02/10 - Sent Package to Lewisville, Texas

12/07/10 - USCIS Received Package

01/05/11 - Early Biometric done originally 01/11/11

02/15/11 - Received Biometric letter

02/23/11 - Interview- Passed

03/02/11 - Oath Ceremony

ssma2007 Contributor

ssma2007   0

Posted
Filed: Citizen (pnd) Country: India
 Timeline
  • Author
Posted (edited)

Thanks all for your replies. I had submitted Birth Cert (with no Name) and an affidavit during the K-1 and it had worked fine. I will send the affidavit and see what happens.

Edited by ssma2007

K1 Timeline

03/29/2007 - NOA1

04/11/2007 - NOA2

04/17/2007 - NVC forwarded the case to Mumbai Consulate.

04/27/2007 - Packet3 sent to the Consulate.

07/20/2007 - Interview. Received 221g (more relationship documents)

08/06/2007 - Follow-up Interview. Success

AOS Timeline

09/14/2007 - Sent I-485, EAD and AP papers via FedEX

10/11/2007 - Biometrics for AOS and EAD

10/25/2007 - AP and EAD approved. AP mailed

11/03/2007 - Received AP

11/08/2007 - Received EAD

11/15/2007 - Transferred to CSC

12/28/2007 - RFE -- Waiting

03/18/2008 - GC

Removal of condition

01/11/2010 I-751 sent

01/14/2010 Recd by VSC

01/15/2010 Check cashed

02/17/2010 Biometrics

04/28/2010 10 Year Card Production ordered

05/06/2010 Card Received

Naturalization

12/17/2010 N-400 sent

12/20/2010 Recd by Texas Lockbox

12/22/2010 Check cashed and NOA

01/19/2011 FP (walk-in)

02/18/2011 Recd Yellow letter

03/14/2011 Online Status Update

04/21/2011 Interview

05/06/2011 Oath

 
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