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lost original documents by NVC

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Filed: K-3 Visa Country: Ukraine
Timeline

Hi Everybody!

i will try to explain the best i can where we are at and see if anybody has any ideas about a resolution.

my wife and step son arrived in July 2008 on K3 and K4 visas. after several run arounds with USCIS and NVC we finally found out where to pay the IV fee bill in April 2009, i paid the fees in August 2009 and our attorney submitted to documents for the approval of the IR1 IR2 visas with the plan to immediatley file the adjustment of status following approval. January 6th my attorney telephoned the NVC and they told her to "go ahead and submit the paperwork for the adjustment of status" 2 days later i receive e-mails requesting original documents for birth certificates, divorce documents and custody documents....they were sent in November 2009 and the visa center is now requesting them....of course they will deny that they lost them, The K3/K4 visas expire in late July 2010, We just want the green card!!

suggested options: 1 request documents from the Ukrainian consulate in Washington (the original K3 K4 packet) 2. attempt to have family memebers in Ukraine retrieve more originals. 3. fly to Ukraine to get originals.

Any other ideas? is something wrong with the process here

also my wife wanted to ensure both green cards re received together that is why we filed the IR visas together.

there that is the best i can explain it.....any ideas.

thanks in advance for your advice

Bill Kateryna and Alexci

I-130

Sent: 11-16-07 (date actually sent)

Rec'd: 12-23-08 (this is date listed as received by USCIS

NOA1 : 2-4-08

touch: 2-7-08

touch : 4-13-08 (probably due to address change)

touch : 4-21-08

touch : 4-22-08

APPROVAL!!: 4-21-08

Payed AOS fee 6-26-08

I-129f

Sent: 3-07-08

NOA1: 3-11-08

touch: 3-14-08

touch: 4-21-08

touch :4-22-08

APPROVAL: 4-21-08

NVC received: 4-28-08

consulate received: 5-5-08

INTERVIEW!!! : 7-17-08

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Filed: Citizen (apr) Country: Ukraine
Timeline
Hi Everybody!

i will try to explain the best i can where we are at and see if anybody has any ideas about a resolution.

my wife and step son arrived in July 2008 on K3 and K4 visas. after several run arounds with USCIS and NVC we finally found out where to pay the IV fee bill in April 2009, i paid the fees in August 2009 and our attorney submitted to documents for the approval of the IR1 IR2 visas with the plan to immediatley file the adjustment of status following approval. January 6th my attorney telephoned the NVC and they told her to "go ahead and submit the paperwork for the adjustment of status" 2 days later i receive e-mails requesting original documents for birth certificates, divorce documents and custody documents....they were sent in November 2009 and the visa center is now requesting them....of course they will deny that they lost them, The K3/K4 visas expire in late July 2010, We just want the green card!!

suggested options: 1 request documents from the Ukrainian consulate in Washington (the original K3 K4 packet) 2. attempt to have family memebers in Ukraine retrieve more originals. 3. fly to Ukraine to get originals.

Any other ideas? is something wrong with the process here

also my wife wanted to ensure both green cards re received together that is why we filed the IR visas together.

there that is the best i can explain it.....any ideas.

thanks in advance for your advice

Bill Kateryna and Alexci

I have never seen them request "original" documents and have never submitted an original document, only copies. I submitted original translations. If you MUST have originals, then I would say try to get a family member to run them down. S+You should be able to get them at the local ZAGS office easily enough, unless you just want to go tot Ukraine, it doesn't take much to convince me. Myself, I would fly to Ukraine and stay a few eeeks, but that's just me.

Filing the AOS together is no guarantee it will be approved together and it really isn't important. You have filed the AOS, the expiration of her visa is no longer an issue except for international travel purposes, don't worry about that.

VERMONT! I Reject Your Reality...and Substitute My Own!

Gary And Alla

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Filed: K-3 Visa Country: Ukraine
Timeline
I have never seen them request "original" documents and have never submitted an original document, only copies. I submitted original translations. If you MUST have originals, then I would say try to get a family member to run them down. S+You should be able to get them at the local ZAGS office easily enough, unless you just want to go tot Ukraine, it doesn't take much to convince me. Myself, I would fly to Ukraine and stay a few eeeks, but that's just me.

Filing the AOS together is no guarantee it will be approved together and it really isn't important. You have filed the AOS, the expiration of her visa is no longer an issue except for international travel purposes, don't worry about that.

here is a copy of the verbage they used, they did in fact request original copies. i will paste it below i hope the format remains so you can read it. Kateryna's mother will send the documents by mail, but the police certificate should not be required again.

______CORRESPONDENCE INSTRUCTIONS:_________________________________

When responding to the National Visa Center, please include the bar code sheet that came with this

letter. Failure to include the bar code sheet may cause a delay in the processing of your case. The bar

code sheet should be placed on top of all documents being submitted for this case and mailed to the

address provided.

______PASSPORT:____________________________________________________

Please submit a copy of the biographic data page of this person's

passport, including the expiration date of the passport. The

passport must be valid.

______MARRIAGE TERMINATION:________________________________________

The document you submitted is not an original or certified copy of an original issued by the appropriate

government authority. The document must be an original, or a certified copy of the original, bearing the

original seal or stamp from the issuing authority.

______BIRTH CERTIFICATE:___________________________________________

The document you submitted is not an original or certified copy of an original issued by the

appropriate government authority. The document must be an original, or a certified copy of

the original, bearing the original seal or stamp from the issuing authority.

______MARRIAGE CERTIFICATE:________________________________________

The document you submitted is not an original or certified copy of an original issued by the appropriate

government authority. The document must be an original, or a certified copy of the original, bearing the

original seal or stamp from the issuing authority.

______UKRAINE POLICE CERTIFICATE:__________________________________

UKRAINE: Records are available. Police and prison records are kept by the Ministry of Internal Affairs

and the Security Service of Ukraine. Immigrant visa applicants from Ukraine obtain police certificates

at their local Office of Visas and Registration (OVIRs). Applicants outside Ukraine have to apply for

police certificates through the nearest Ukrainian Embassy or Consulate.

______PHOTOGRAPH:__________________________________________________

Please provide two identical front-view color photographs with a white background as required for each

visa applicant.

The photos must have the name of the person in the photo printed on the back, along with the case

I-130

Sent: 11-16-07 (date actually sent)

Rec'd: 12-23-08 (this is date listed as received by USCIS

NOA1 : 2-4-08

touch: 2-7-08

touch : 4-13-08 (probably due to address change)

touch : 4-21-08

touch : 4-22-08

APPROVAL!!: 4-21-08

Payed AOS fee 6-26-08

I-129f

Sent: 3-07-08

NOA1: 3-11-08

touch: 3-14-08

touch: 4-21-08

touch :4-22-08

APPROVAL: 4-21-08

NVC received: 4-28-08

consulate received: 5-5-08

INTERVIEW!!! : 7-17-08

6073.gif

7109.gif

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Filed: K-3 Visa Country: Ukraine
Timeline
here is a copy of the verbage they used, they did in fact request original copies. i will paste it below i hope the format remains so you can read it. Kateryna's mother will send the documents by mail, but the police certificate should not be required again.

______CORRESPONDENCE INSTRUCTIONS:_________________________________

When responding to the National Visa Center, please include the bar code sheet that came with this

letter. Failure to include the bar code sheet may cause a delay in the processing of your case. The bar

code sheet should be placed on top of all documents being submitted for this case and mailed to the

address provided.

______PASSPORT:____________________________________________________

Please submit a copy of the biographic data page of this person's

passport, including the expiration date of the passport. The

passport must be valid.

______MARRIAGE TERMINATION:________________________________________

The document you submitted is not an original or certified copy of an original issued by the appropriate

government authority. The document must be an original, or a certified copy of the original, bearing the

original seal or stamp from the issuing authority.

______BIRTH CERTIFICATE:___________________________________________

The document you submitted is not an original or certified copy of an original issued by the

appropriate government authority. The document must be an original, or a certified copy of

the original, bearing the original seal or stamp from the issuing authority.

______MARRIAGE CERTIFICATE:________________________________________

The document you submitted is not an original or certified copy of an original issued by the appropriate

government authority. The document must be an original, or a certified copy of the original, bearing the

original seal or stamp from the issuing authority.

______UKRAINE POLICE CERTIFICATE:__________________________________

UKRAINE: Records are available. Police and prison records are kept by the Ministry of Internal Affairs

and the Security Service of Ukraine. Immigrant visa applicants from Ukraine obtain police certificates

at their local Office of Visas and Registration (OVIRs). Applicants outside Ukraine have to apply for

police certificates through the nearest Ukrainian Embassy or Consulate.

______PHOTOGRAPH:__________________________________________________

Please provide two identical front-view color photographs with a white background as required for each

visa applicant.

The photos must have the name of the person in the photo printed on the back, along with the case

also, to clarify the top of the letter was for IR visas i recieved 1 letter for each perosn.

Just wanted to clarify

I-130

Sent: 11-16-07 (date actually sent)

Rec'd: 12-23-08 (this is date listed as received by USCIS

NOA1 : 2-4-08

touch: 2-7-08

touch : 4-13-08 (probably due to address change)

touch : 4-21-08

touch : 4-22-08

APPROVAL!!: 4-21-08

Payed AOS fee 6-26-08

I-129f

Sent: 3-07-08

NOA1: 3-11-08

touch: 3-14-08

touch: 4-21-08

touch :4-22-08

APPROVAL: 4-21-08

NVC received: 4-28-08

consulate received: 5-5-08

INTERVIEW!!! : 7-17-08

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7109.gif

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@OP - did you ask your lawyer if he sent the "certified" copies of your documents, or did they send copies of the original documents in question?

for your questions:

1. The best they could do is give you "copies" of any documents, which will not be "certified" for the purposes of NVC. (they usually do not release original paperwork in their files - but you could ask)

2. Good option

3. Better option (probably faster)

@Gary - I think the issue is that the documents are not certified (with a stamp from the originating agency), not that they not "originals". I have seen them ask for those, our own documents we submitted for our AOS were "certified".

My Advice is usually based on "Worst Case Scenario" and what is written in the rules/laws/instructions. That is the way I roll... -Protect your Status - file before your I-94 expires.

WARNING: Phrases in this post may sound meaner than they were intended to be. Read the Adjudicator's Field Manual from USCIS

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Filed: K-3 Visa Country: Ukraine
Timeline
@OP - did you ask your lawyer if he sent the "certified" copies of your documents, or did they send copies of the original documents in question?

for your questions:

1. The best they could do is give you "copies" of any documents, which will not be "certified" for the purposes of NVC. (they usually do not release original paperwork in their files - but you could ask)

2. Good option

3. Better option (probably faster)

@Gary - I think the issue is that the documents are not certified (with a stamp from the originating agency), not that they not "originals". I have seen them ask for those, our own documents we submitted for our AOS were "certified".

yes you're first question IS the question..did the lawyer send just copies, certified copies or did she even send them at all?. so being a male and wanting to simply "solve the problem"

we have certified and apostilled originals in our possession, how and where in the U.S. can we get "certified copies"? any ideas? a notary? a notary in Ukraine? or simply duplicate originals, ? which will be on their way Wednesday...except for the custody agreements.

Dr. Bill

I-130

Sent: 11-16-07 (date actually sent)

Rec'd: 12-23-08 (this is date listed as received by USCIS

NOA1 : 2-4-08

touch: 2-7-08

touch : 4-13-08 (probably due to address change)

touch : 4-21-08

touch : 4-22-08

APPROVAL!!: 4-21-08

Payed AOS fee 6-26-08

I-129f

Sent: 3-07-08

NOA1: 3-11-08

touch: 3-14-08

touch: 4-21-08

touch :4-22-08

APPROVAL: 4-21-08

NVC received: 4-28-08

consulate received: 5-5-08

INTERVIEW!!! : 7-17-08

6073.gif

7109.gif

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yes you're first question IS the question..did the lawyer send just copies, certified copies or did she even send them at all?. so being a male and wanting to simply "solve the problem"

we have certified and apostilled originals in our possession, how and where in the U.S. can we get "certified copies"? any ideas? a notary? a notary in Ukraine? or simply duplicate originals, ? which will be on their way Wednesday...except for the custody agreements.

Dr. Bill

You may have to send in the originals you have - since it says in the RFE "bearing the original seal or stamp from the issuing authority."

In this case, the issuing authority is in the Ukraine.

Getting a copy notarized after the fact will not bear the "original seal/stamp" - which is what they are looking for.

Best bet is to get multiple copies of the same document, with the seal/stamp, from the originating authority. That way you have the needed documents down the line, for whatever reason.

When I went to get my marriage certificate for our AOS, I bought 5 copies, one to send, others for future use.

My Advice is usually based on "Worst Case Scenario" and what is written in the rules/laws/instructions. That is the way I roll... -Protect your Status - file before your I-94 expires.

WARNING: Phrases in this post may sound meaner than they were intended to be. Read the Adjudicator's Field Manual from USCIS

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I got an RFE for Birth certficate.

Submit a copy of applicant's birth certificate issued by the appropriate civil authority.

IF the document is in a language other than english, you must submit a copy of the foreign

language document and an english translation.

if birth certificate is not available, per title 8 code of federal regulations, section 103.2(B)(2)(ii),

you must submit "an original written statement on government letterhead

establishing this form 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"

In this case, should I submit original or copy of the document.

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