Thai Birth Certificate non existant. Got an RFE today

[ding 1]

I filed an I-485 Adjustment of Status. We filed a sworn government document affirming her birth record and a certified translation.

Then we got an RFE!

Her mom brought her housebook (family tree record), my wife, and the village chief to the Amphur (County seat) and got a sworn government document.

The Thai official gave an official certificate of evidence affirming her birth record.

What should I do? This is all she has.

Anyone have similar experiences?

[daboyz 36]

I filed an I-485 Adjustment of Status. We filed a sworn government document affirming her birth record and a certified translation.

Then we got an RFE!

Her mom brought her housebook (family tree record), my wife, and the village chief to the Amphur (County seat) and got a sworn government document.

The Thai official gave an official certificate of evidence affirming her birth record.

What should I do? This is all she has.

Anyone have similar experiences?

My wife doesn't have a birth certificate either. We did exactly what you did. Got an official letter from the Amphur where she was born stating that there is no birth record. Had that translated to English. This is directly from the DOS website:

The issuance of birth certificates in Thailand began in Bangkok in 1917. Records of birth are often lacking for people born in Bangkok before World War II and for those born in other areas of the country up until the 1970s. Birth Certificates are issued by "Amphur," (geographic subdivision roughly equivalent to a county in the U.S.) district authorities having jurisdiction over the place of birth. There may be a fee for this service.

A Thai citizen older than 15 and born in Thailand, whose birth was not registered, must present in its stead a household registration, together with a Thai national identity card ("bat prachachon"), and may also be required to submit additional proof of the claimed relationship.

I think that USCIS is not aware that this is acceptable evidence. You might PM VJ user MarkNAam. He went through this same thing.

[ding 1]

Thanks Baboyz, for the info and the alert too! She had to be there in person, that was a 2nd trip for her mom. This time she's here and we can't go due to tough times. I hope the Thai official will help. I didn't know the doc needed to state why it was missing and that they confirm there is no other record.

"(ii) Demonstrating that a record is not available. Where a record does not exist, the applicant or petitioner must submit an original written statement on government letterhead establishing this from the relevant government or other authority. The statement must indicate the reason the record does not exist, and indicate whether similar records for the time and place are available. However, a certification from an appropriate foreign government that a document does not exist is not required where the Department of State's Foreign Affairs Manual indicates this type of document generally does not exist. An applicant or petitioner who has not been able to acquire the necessary document or statement from the relevant foreign authority may submit evidence that repeated good faith attempts were made to obtain the required document or statement. However, where the Service finds that such documents or statements are generally available, it may require that the applicant or petitioner submit the required document or statement."

[ding 1]

Some trouble. The amphur wants my wife to be present to sign for a more specific statement in her official document in lieu of original Birth Certificate. But of course my wife can't leave the country. I made an info pass appointment to review this website statement you gave me and we'll bring her school record with her birthdate and both parents' names on it.

Heads up for the next victim of a missing original birth certificate. The signed official STAMPED document got us an RFE and a major crack to fall into. Too bad they gave us the I-12F instead of the I-130, like we requested atop the forms when applying for the K3. This would have been moot.

Edited May 21, 2009 by ding

[thaigecko 0]

Reading some peoples problems has me a little worried. We just went to the Amphur and they gave us a copy of the original birth certificate with a little blue stamp on it, not much to the stamp, barely looks official, has the representatives signature in the stamp. They won't give out the original. Not sure if each Amphur does things differently, seems like other countries have a more impressive type of stamp/seal that looks a little more official. Anyway, they'll accept this at NVC and the Embassy?

[daboyz 36]

Reading some peoples problems has me a little worried. We just went to the Amphur and they gave us a copy of the original birth certificate with a little blue stamp on it, not much to the stamp, barely looks official, has the representatives signature in the stamp. They won't give out the original. Not sure if each Amphur does things differently, seems like other countries have a more impressive type of stamp/seal that looks a little more official. Anyway, they'll accept this at NVC and the Embassy?

You should be fine since you are CR-1/IR-1. You will be done with USCIS. You'll get a green card upon arrival. This birth certificate issue is coming up when people come here on K visas and then try to adjust status with USCIS. You wont have to worry about that. I think the only place you might have a problem down the road is when you apply for citizenship, if you decide to go that route.

Edited May 29, 2009 by daboyz

[daboyz 36]

Reading the N-400 instructions, I don't see it asking for a birth certificate anywhere. I guess the figure your green card is enough.