INTENT TO DENY AOS please help

[sara91 0]

Hi everyone I could really use all the VJ'ers help please

A little background about the case: Our interview for AOS was at the end of March and that time we answered all the questions and everything seemed to be running smoothly;however our officer did notapproved or deny us. Two months later we still hadn't heard anything so we made an infopass appointment last week and at that time they said they would mail us something in 30 days.

Present day:Today we received an intent to deny our AOS because basically the birth certificate we submitted for my husband doesn’t have his name on it and they require one with a name on it....but the thing is in India where my husband was born when you are first born they don’t give out names for the baby and so they issue a birth certificate without a name...we explained this to our interviewing officer...at that time he said nothing.

In the letter we received today it stated that we need to either show secondary evidence or "affidavits from persons who are not parties to the petition"-what exactly does this phrase mean and if we fail to show this evidence our application will be denied. Now my quesiton to everyone is has anyone else experienced this and if so how did they go about doing this and if the affidavits we send or not to our liking will they definitely deny us.

What exactly is secondary evidence? It says to submit the evidence in 30 days but it doesn’t say to where....do they mean the district office where we had the interview. I would feel more comfortable if I could submit it to them in person like at an infopass appointment is that even possible? Also if we do send affidavits or secondary evidence do we send originals or copies the letter dont say. Also who should the affidavit come from.

Any help would be greatly appreciated because we are freaking out right now!!! Thanks everyone.

[Jenn! 918]

I would think hospital/medical records and/or any church records would be the sort of secondary evidence that they're looking for.

[Kez/JWolf 6]

If I were you I would be making an appointment with a good Immigration lawyer as they will know exactly what is needed to get this sorted out....

Good Luck

Kezzie

[zyggy 9]

From USCIS

If the documents needed above are not available, you can instead give USCIS the following secondary evidence.However, USCIS may request in writing that you obtain astatement from the appropriate civil authority certifying that the needed document is not available. Any evidence submitted must contain enough information, such as a birth date, to establish the event you are trying to prove.

Baptismal certificate. A copy, front and back, of thecertificate under the seal of the church, synagogue orother religious entity showing where the baptism,dedication or comparable rite occurred, as well as thedate and place of the child's birth, date of baptismand names of the child's parents. The baptism must have occurred within two months after the birth ofthe child.

School record. A letter from the school authority(preferably from the first school attended), showing the date of admission to the school, child's date or age at that time, place of birth and the names of the parents.

Census record. State or Federal census recordshowing the name(s), date(s) and place(s) of birth or age(s) of the person(s) listed.

Affidavits. Written statements sworn to or affirmed by two persons who were living at the time and who have personal knowledge of the event. For example,an event such as a birth, marriage or death. The persons making the affidavits may be relatives and do not have to be citizens of the United States. Each affidavit should contain the person's full name and address, date and place of birth, and relationship to you and must fully describe the event and explain how he or she acquired knowledge of the event.

[calOC 0]

This is what I suggest you may consider doing;

1. If your husband graduated high school in India submit a notarized copy of the high school graduation certificate as secondary evidence. High School certificates in India have date of birth.

2. A notarized copy of his current passport showing his date of birth can also be also be used as secondary evidence.

3. Get affidavits from his real uncles, aunts or grandparents - they are usually not considered persons party to the petition and will not directly benefit from any immigration benefit from your husband. The affidavits should state who they are, where they live, how they know his parents, that they have full and intimate knowledge of your husband’s family and that your husband was born on (date) at (place) etc.

[sara91 0]

Thank you everyone for your response

During our interview we mentioned the fact that my husbands passport shows his name and date of birth...he mentioned that doesnt count....also should I submit the actual affidavits or should i submit only copies to them initially. Also calOC you mentioned a notarized copy of highschool certificate...we have the original with us in the US...so how would we go about getting a notarized copy? Thanks for your help

[Vinay 1]

Following are examples of secondary evidence of birth (which should also include your name, date and place of birth; names of both parents; and the seal of the issuing office): a baptismal certificate, an adoption decree, a school record, a notarized affidavit from a close relative (a parent, a close relative, a neighbor or friend who was present at the time of your birth) on the appropriate stamp paper which must be sworn before a First Class Magistrate. The person making this affidavit must state how he/she knows your family and how he/she knows the facts of your birth.

http://mumbai.usconsulate.gov/ivbirthcertificates.html

http://www.uscis.gov/lpbin/lpext.dll/inser...ument-frame.htm

For the high school certificate, make a copy of the original and take it to a notary to get it signed. Most banks offer notary services.

[sara91 0]

Anyone else? thanks guys

[vamsi 0]

Sara91,

I'm sorry to hear about your problem. We had the same problem with my wife's birth certificate not having her name on it, but we sent it in anyway and breezed through the AOS process. We did get her parents to request an updated birth certificate with her name on it, but were never asked for it by USCIS.

Maybe you could see if you could get an updated birth certificate as well. I think the procedure varies from state to state. I'm sorry I can't be of more help.

[Vipul and Jamie 0]

We got an RFE at the interview stage for the K-1 for exactly the same thing regarding the birth certificate (my husband is from India too). He submitted school leaving certificates, affidavit from court, and letter from him explaining everything in place of it though and recieved the visa without any further problems. We eventually filed AOS and submitted the same. The EAD and AP have been approved but the AOS is still pending. I'm not anticipating any problems but anyways that's what we did. Hope everything works out for you.

-Jamie

Edited June 14, 2006 by VipulandJamie

[mikeH 0]

We got an RFE at the interview stage for the K-1 for exactly the same thing regarding the birth certificate (my husband is from India too). He submitted school leaving certificates, affidavit from court, and letter from him explaining everything in place of it though and recieved the visa without any further problems. We eventually filed AOS and submitted the same. The EAD and AP have been approved but the AOS is still pending. I'm not anticipating any problems but anyways that's what we did. Hope everything works out for you.

-Jamie

Talk to an indian attorney who does immigration. he will tell you exactly, what is available in india for secondary evidence. i don,t see any problem with your case.

[Vipul and Jamie 0]

We got an RFE at the interview stage for the K-1 for exactly the same thing regarding the birth certificate (my husband is from India too). He submitted school leaving certificates, affidavit from court, and letter from him explaining everything in place of it though and recieved the visa without any further problems. We eventually filed AOS and submitted the same. The EAD and AP have been approved but the AOS is still pending. I'm not anticipating any problems but anyways that's what we did. Hope everything works out for you.

-Jamie

Talk to an indian attorney who does immigration. he will tell you exactly, what is available in india for secondary evidence. i don,t see any problem with your case.

Thanks. I don't see that we will have a problem either. I just wanted to share with the OP how we solved that problem during our K-1 process.

To the OP, as far as secondary evidence is concerned try school leaving certificate and/or an affidavit from court to supplement your birth certificate. We went ahead and sent the birth certificate as it was along with the supplemental evidence. I don't forsee you having any problems with that (we didn't). Best wishes for you.

-Jamie

[sara91 0]

Is there anyone else out there who got such a intent to deny letter. We are starting to worry if they dont like the evidence and affidavit we send will they kick my husband out of the country. The way the letter was written seemed so serious and final. Please anyone who has any idea please answer thank you

[calOC 0]

It may be a good idea to consult an attorney. He/she will be able to tell if the evidence and documents you are planning to submit will be acceptable to USCIS or not and also what could happen if they did not accept what you submitted.

Another thought - what if you made an infopass appointment and took the evidence and documents with you. Would they tell you if they would accept them? Just wondering?